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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23978
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Well its a question about my rental agreement, Nebraska, no,

Customer Question

hi
JA: Hi. How can we be of help?
Customer: well its a question about my rental agreement
JA: What state are you in? It matters because laws vary by location.
Customer: Nebraska
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I can tell them the entire story
Submitted: 2 months ago.
Category: Legal
Expert:  LegalKnowledge replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 2 months ago.

Can you please share with me what your question is?

Customer: replied 2 months ago.
Back near the end of August, my landlord gave me til the 31st to pay my past due rent, i paid one day after i but as soon as I returned to my house I got a notice saying they were terminating my lease even though I had followed through and made the payment
is that legal?
Expert:  LegalKnowledge replied 2 months ago.

So they accepted the past due rent and then gave you a notice to vacate thereafter? You have an actual lease and do not rent month to month, correct?

Customer: replied 2 months ago.
I did it renewed every October and yes they did accept it, they did not give me a receipt for the payment either
Expert:  LegalKnowledge replied 2 months ago.

Thank you. If they accepted the rent, after the agreed upon date and there was nothing past due, then they could not evict you the next day for the violation of the lease. However, you shared that you renewed the lease last October and if it is set to expire at the end of next month, they do not have to renew it if they do not want to and the notice the gave you, could have been in regard to terminating the lease agreement when it expires.

Customer: replied 2 months ago.
nothing was past due after I had made that payment and I was all caught up at that point and the lease didn't expire til the end of September
Expert:  LegalKnowledge replied 2 months ago.

So today is the last day of the lease?

Customer: replied 2 months ago.
it usually begins again in october
Expert:  LegalKnowledge replied 2 months ago.

If they accepted the rent and you cured the past due rent, then they could not simply terminate the new lease term that starts tomorrow. If they refused to accepted the rent AFTER the due date, that would have been fine but if they accepted it, they could not act in bad faith and say they are terminating the October lease, when there was no lease violation or legal basis to do so.

Customer: replied 2 months ago.
They did accept it and they knew too of my struggles to pay rent but I always managed to pay them
Expert:  LegalKnowledge replied 2 months ago.

Then there would be no basis to evict you since you cured the rent.

Customer: replied 2 months ago.
well they gave me til sunday night to pack my belongings and move off the premises
Expert:  LegalKnowledge replied 2 months ago.

While they can demand that you vacate, you do not have to if you do not think they have a legal basis to support the eviction. You would have to be in breach of the lease for that to happen and if there was no breach because you cured it and they accepted the rent, then you would have a defense if they try and evict you. They can not use self help to get you out and would need to proceed through the court if they wanted to and it would be up for the Judge to decide.

Customer: replied 2 months ago.
they can't use self help in Nebraska?
Expert:  LegalKnowledge replied 2 months ago.
Correct. They can't just force you out and change the locks or cut off the power or put your possessions on the street. They would have to evict you through the court and you would have a chance to fight the eviction

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