Nebraska · State Breaking a Lease Guide

Nebraska Breaking Lease Laws: When a Tenant Can End a Lease Early

Nebraska lets a tenant terminate early for an uninhabitable unit or unlawful entry under the Uniform Residential Landlord and Tenant Act, protects servicemembers under federal law, and requires the landlord to mitigate under Neb. Rev. Stat. 76-1405. Here is how breaking a lease works in 2026.

Breaking a lease early in Nebraska sits between two rules. A fixed-term lease is a binding contract, so a tenant cannot simply leave without consequences – but Nebraska’s Uniform Residential Landlord and Tenant Act, codified at Neb. Rev. Stat. 76-1401 through 76-1449, carves out grounds to terminate without penalty, and even when none applies the landlord’s duty to mitigate limits what the tenant owes. Knowing which rule applies is what decides the bill. This guide covers the statutory grounds, the servicemember protections, the duty to re-rent, the deposit timeline, and what a tenant owes with no justification. If you are filling a unit a tenant left early, our overview of how to screen tenants step by step pairs well with the rules below.

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Video: a plain-language walkthrough of Nebraska early lease-termination rules – the legal grounds to break a lease and the landlord’s duty to mitigate.

Key Takeaways: Nebraska Breaking Lease Laws

• Servicemembers may terminate under the federal Servicemembers Civil Relief Act (50 U.S.C. 3955) with active-duty, change-of-station, or qualifying deployment orders – the lease ends thirty days after the next rent due date.
• An uninhabitable unit can end the lease under Neb. Rev. Stat. 76-1425 – written notice, fourteen days for the landlord to cure, then termination not less than thirty days after notice if the breach is not fixed.
• Unlawful entry or harassment is a separate ground under Neb. Rev. Stat. 76-1438 – the tenant may terminate, obtain an injunction, and recover at least one month’s rent plus attorney’s fees.
• Nebraska’s domestic-violence statute removes the perpetrator, not the victim’s whole lease – Neb. Rev. Stat. 76-1431.02 and 76-1431.04 exclude the abuser and re-key the unit; there is no separate victim self-termination statute.
• The landlord must mitigate under Neb. Rev. Stat. 76-1405, which states the aggrieved party has a duty to mitigate damages – so with no ground the tenant owes rent only until a reasonable re-rental, not the full term.
• A month-to-month tenant ends a no-cause tenancy on thirty days’ notice under Neb. Rev. Stat. 76-1437.
• The deposit returns within fourteen days under Neb. Rev. Stat. 76-1416, with an itemized statement; the deposit is capped at one month’s rent plus a limited pet deposit.

Legal Reasons to Break a Lease in Nebraska

Nebraska recognizes several distinct legal grounds to end a lease before the term is up, and they live in the Uniform Residential Landlord and Tenant Act and in federal law. Each one has its own notice clock and documentation requirement, and getting those details right is what separates a penalty-free exit from full contract liability. The grounds below cover military servicemembers, an uninhabitable unit the landlord will not repair, unlawful entry and landlord harassment, and the narrower domestic-violence procedure. Our companion guide to Nebraska lease termination laws covers ending a month-to-month or fixed-term tenancy at its natural end.

Military Servicemembers – SCRA, 50 U.S.C. Section 3955

The strongest early-termination right is federal and overrides anything Nebraska law or the lease says. Under the Servicemembers Civil Relief Act, codified at 50 U.S.C. section 3955, a tenant who signs a lease and then enters active duty, or who is already on active duty and receives orders for a permanent change of station or a deployment of ninety days or more, may terminate a residential lease. The tenant delivers written notice with a copy of the orders to the landlord, and the lease then terminates thirty days after the first date on which the next rent payment is due following delivery of the notice – the mechanics are covered in depth in the dedicated SCRA section below.

Uninhabitable Unit – Neb. Rev. Stat. Sections 76-1419, 76-1425, and 76-1427

An uninhabitable unit can supply grounds to leave, but Nebraska ties this to a specific repair procedure rather than a free walk-away. Under Neb. Rev. Stat. section 76-1419, the landlord must keep the unit in compliance with the building and housing codes materially affecting health and safety, keep common areas clean and safe, maintain plumbing, heating, and the supplied appliances, and provide running water and reasonable heat. When the landlord materially fails to meet those duties, the tenant’s strongest exit is Neb. Rev. Stat. section 76-1425: the tenant gives written notice specifying the breach, and if the landlord does not remedy it within fourteen days, the rental agreement terminates on a date not less than thirty days after the landlord receives the notice. A repeat of substantially the same violation within six months lets the tenant terminate on fourteen days’ written notice without a fresh cure period.

A narrower remedy sits alongside the termination right. Under Neb. Rev. Stat. section 76-1427, when the landlord fails to supply running water, hot water, heat, or another essential service, the tenant – after written notice – may procure the service and deduct the cost from rent, recover damages based on the diminished rental value, or obtain reasonable substitute housing and be excused from rent during the landlord’s noncompliance. Section 76-1427 lets the tenant stay and offset rent; section 76-1425 is the path that actually ends the lease. A tenant who wants out should document the defect, the dated written notice, the landlord’s non-response, and the move-out date.

Unlawful Entry and Landlord Harassment – Neb. Rev. Stat. Section 76-1438

Landlord misconduct around entry is its own ground, and Nebraska makes it unusually concrete. Neb. Rev. Stat. section 76-1423 generally allows entry only at reasonable times and, except in an emergency, after at least one day’s notice. When the landlord crosses that line – making an unlawful entry, a lawful entry in an unreasonable manner, or repeated demands for entry that harass the tenant – Neb. Rev. Stat. section 76-1438 gives the tenant real teeth. The tenant may obtain injunctive relief to prevent the conduct from recurring, may terminate the rental agreement, and may recover actual damages not less than an amount equal to one month’s rent together with reasonable attorney’s fees. That makes 76-1438 the cleanest lease-break ground Nebraska spells out for landlord misconduct, written directly into the statute rather than inferred from a general breach.

Domestic Violence – Neb. Rev. Stat. Sections 76-1431.02 and 76-1431.04

Nebraska’s domestic-violence protection works differently from the victim self-termination right some states grant, and it is important not to overstate it. Under Neb. Rev. Stat. section 76-1431.02, a tenant who is a victim and who provides the landlord a qualifying protective or restraining order, or a certification of domestic violence, may have the perpetrator excluded from the dwelling and removed from the rental agreement. The tenant submits written notice naming the perpetrator and a desired service date; the landlord serves a five-day notice of termination on the perpetrator alone, and if the perpetrator refuses to leave the landlord files suit against that person only. Under section 76-1431.04, once the perpetrator is excluded the landlord must change the locks and may not give the excluded person a new key without a court order. A landlord acting in good faith under these sections is shielded from liability.

What these statutes do is keep the victim in the home while removing the abuser – they do not, on their face, hand the victim a clean unilateral release from their own lease the way a dedicated victim-termination statute would. A victim who instead needs to leave the unit entirely relies on the other tools in this guide: the perpetrator-removal procedure where staying is the goal, the duty-to-mitigate rule that caps liability when leaving, or a negotiated written termination with the landlord. Where the abuse also makes the unit uninhabitable or involves the landlord’s own misconduct, the 76-1425 or 76-1438 grounds may apply on their own terms.

Uninhabitable Units and Repair Remedies in Nebraska

Nebraska habitability law gives a tenant facing a serious defect a tiered set of remedies, and they are not interchangeable – choosing the wrong one can leave the tenant owing rent or facing eviction. The landlord’s baseline duty under Neb. Rev. Stat. section 76-1419 cannot be waived away by lease language for the conditions that materially affect health and safety, and two distinct tenant remedies flow from a breach of it.

The termination remedy under section 76-1425 is the one that breaks the lease, on the fourteen-day cure and thirty-day termination clocks set out above – terminate too early and the exit is defective. The essential-services remedy under section 76-1427 is narrower and keeps the tenant in place: when heat, running water, hot water, or another essential service fails and the landlord does not act after written notice, the tenant may arrange the service and deduct its reasonable cost, recover damages measured by the reduced value of the unit, or take reasonable substitute housing and stop paying rent for the period of noncompliance. This is rent relief, not a lease break – a tenant who wants to actually leave needs the 76-1425 termination path, with the defect and notice documented.

The Landlord’s Duty to Mitigate in Nebraska

Nebraska is firmly a duty-to-mitigate state, and it does not leave the point to inference. Neb. Rev. Stat. section 76-1405 states the rule in a single sentence: the aggrieved party has a duty to mitigate damages. When a tenant breaks the lease and abandons the unit, the landlord becomes the aggrieved party and must make a reasonable, good-faith effort to re-rent rather than let the unit sit empty and bill the departed tenant for the whole remaining term.

So a Nebraska tenant who leaves early generally owes rent only for the time the unit sits vacant before a reasonable re-rental would have filled it, plus the landlord’s actual re-rental costs such as advertising or a leasing commission – not the rest of the lease. A landlord who makes no genuine effort to re-rent forfeits the rent that effort would have replaced, which is why the documented re-rental record – the listing date, the asking rent, the showings, and the applications – decides what the tenant actually owes.

What a Tenant Actually Owes – A Worked Example

Put real numbers on it. Suppose the rent is one thousand dollars a month, the tenant leaves with six months left on the term, and the unit is in a Nebraska market where a diligent landlord would re-rent in about two months. The starting figure is the remaining rent: six months at one thousand dollars, or six thousand dollars. From that, subtract what a reasonable re-rental recovers – four of the six months, or four thousand dollars – because section 76-1405 reduces the landlord’s recovery by the loss a good-faith re-rental could have avoided. The tenant’s real exposure is the two-month vacancy gap of two thousand dollars, plus the landlord’s actual re-rental costs, such as roughly one hundred dollars in advertising – on the order of twenty-one hundred dollars, not the full six thousand.

The arithmetic flips against the landlord who does nothing. A landlord who never lists the unit and lets it sit all six months still cannot recover the four thousand dollars a reasonable re-rental would have avoided – so the documented listing date, asking rent, showings, and applications are the evidence that decides the bill.

Military Servicemembers and the SCRA – 50 U.S.C. Section 3955

The Servicemembers Civil Relief Act is federal law, so it preempts state landlord protections and any lease clause that tries to waive it is void. Section 3955 of Title 50 covers residential leases, and its mechanics are precise: a Nebraska landlord who follows them faces no real exposure, and one who resists faces federal liability. The right is triggered two ways – a person who signs a lease and then enters military service, or a servicemember already in service who receives permanent-change-of-station orders or orders to deploy for ninety days or more – and in either case the servicemember delivers written notice with a copy of the orders to the landlord by hand, by private business carrier, or by return-receipt mail.

The effective date is the part most people miss. For a lease that pays rent monthly, termination takes effect thirty days after the first date on which the next rent payment is due after the notice is delivered – not the day the notice landed. Rent is owed only through that effective date and is prorated; any rent paid in advance beyond it is refunded, and the security deposit is returned under the normal Nebraska rules in section 76-1416. A Nebraska landlord may not charge an early-termination fee, impose a penalty, or hold the servicemember liable for the unpaid balance of the term, and SCRA separately blocks eviction of a servicemember or dependents from a modest-rent home during service without a court order.

Early-Termination Fees and Liquidated Damages in Nebraska

Many Nebraska leases include a flat early-termination or buyout fee – one month’s rent, two months’ rent, or a fixed figure – that the landlord treats as the price of leaving early. Nebraska has no statute that specifically authorizes or caps a residential lease-break fee, so its enforceability falls under general Nebraska contract law on liquidated damages. Under that doctrine, a liquidated-damages clause is valid only when the actual damages were uncertain or difficult to estimate at the time the parties signed, and the stated amount is a reasonable forecast of the probable loss. A clause that instead operates as a penalty – a number set to punish the breach rather than to estimate the loss – is unenforceable, and the landlord is left to prove actual damages.

That doctrine cuts against a rigid lease-break fee, because the actual loss from a Nebraska lease break is not hard to measure: it is the mitigated rent gap that section 76-1405 already defines, plus documented re-rental costs. When the real loss is readily calculable, a pre-set flat fee starts to look like a penalty rather than a genuine estimate, and a tenant who signed a two-month flat fee is not automatically bound to pay it if the landlord re-rents quickly. The line is between a number written into the lease in advance, which is suspect, and a genuine, freely negotiated buyout signed at the exit – a settlement, not a pre-set penalty – which is generally enforceable.

When There Is No Legal Justification in Nebraska

If no statutory ground and no servicemember protection applies, a Nebraska tenant who breaks the lease is responsible for the rent – but not automatically for the entire remaining term. Because section 76-1405 makes the landlord mitigate, the tenant’s liability runs only until the unit is re-rented or the lease ends, less the rent a reasonable re-rental would recover, and a flat penalty in the lease does not change that. The tenant’s best move is to manage the mitigation directly: give written notice and present a qualified replacement, which cuts the vacancy to near zero. For a month-to-month tenant, the cleaner path is simply the no-cause exit under Neb. Rev. Stat. 76-1437, which ends the tenancy on thirty days’ written notice without any breach at all; our Nebraska lease termination guide walks through that notice in detail.

Security Deposit at an Early Exit – Neb. Rev. Stat. Section 76-1416

The deposit is handled separately from the rent claim, and its rules are strict. Under Neb. Rev. Stat. section 76-1416, a Nebraska landlord may not demand or receive a security deposit greater than one month’s rent, plus a pet deposit not exceeding one-fourth of one month’s rent where appropriate. At the end of the tenancy the landlord may apply the deposit and any prepaid rent to the rent and damages the tenant owes, and must deliver or mail the balance, with a written itemization of any deductions, within fourteen days after termination of the tenancy. If the tenant has not given a forwarding address, the landlord sends it to the tenant’s last known address.

At a lease break the deposit and the rent claim interact directly: the landlord may apply the deposit to the rent the tenant owes after mitigation, plus documented damage beyond ordinary wear, but cannot inflate the deduction to the full remaining term, because the underlying rent claim is still capped by section 76-1405. A landlord whose failure to return the deposit is willful and not in good faith is liable for the wrongfully withheld amount plus liquidated damages equal to one month’s rent or twice the deposit, whichever is less. Our overview of Nebraska security deposit laws covers the deduction rules in full.

Subletting, Assignment, and the No-Sublet Clause

Subletting or assigning the lease is often the cleanest way to leave early in Nebraska, and it interacts with the duty to mitigate in the tenant’s favor. In a sublet, the original tenant stays on the hook to the landlord but installs a new occupant who pays the rent; in an assignment, the new tenant steps fully into the lease. Most Nebraska leases require the landlord’s written consent before either, and that consent requirement is enforceable – a tenant who sublets in violation of a no-sublet clause has breached the lease.

But the no-sublet clause does not let the landlord ignore mitigation. When a departing tenant presents a qualified, creditworthy replacement in writing and the landlord unreasonably refuses, that refusal works against the landlord: the rent the replacement would have paid becomes loss the landlord could have avoided under the section 76-1405 good-faith duty – evidence that the resulting vacancy was the landlord’s choice, not the tenant’s debt.

Early Termination, Retaliation, and Fair Housing in Nebraska

How a landlord responds to an early-termination request is governed by fair housing and anti-retaliation law on top of the lease. Neb. Rev. Stat. section 76-1439 prohibits a landlord from retaliating – by raising rent, cutting services, or bringing an eviction – against a tenant who has complained of a code violation or exercised a right under the Act, and the federal Fair Housing Act bars treating an early-exit request differently because of race, color, religion, sex, national origin, familial status, or disability. The safeguard is a uniform policy: honor the statutory grounds, mitigate in every case, and treat comparable tenants the same. For the federal baseline on protected characteristics, see our Fair Housing Act guide for landlords.

Filling the Unit – Screening the Replacement Tenant

When a tenant leaves early, filling the unit is itself the duty to mitigate – and careful evaluation is what makes the replacement reliable. Evaluate every applicant to the same standard: get written consent, pull a consumer report for a permissible purpose under the federal Fair Credit Reporting Act, and send an adverse action notice if the report drives a denial. Our Nebraska tenant screening laws page and the broader tenant screening laws by state guide cover that half of the picture, and a ready-to-use free Nebraska lease agreement form helps you paper the new tenancy cleanly.

Step-by-Step: Breaking a Lease in Nebraska

Whether you are the tenant invoking a ground or the landlord responding to a request, the order of operations is the same, and following it is what keeps the exit penalty-free and defensible.

1. Identify the legal ground first. Check whether a statutory exit applies – a servicemember order under the SCRA, an uninhabitable unit under sections 76-1419 and 76-1425, or unlawful entry and harassment under section 76-1438. The ground decides the notice period and whether any rent is owed.
2. Match the notice clock to the ground. SCRA terminates thirty days after the next rent due date; a habitability exit under 76-1425 runs on a fourteen-day cure window and a thirty-day termination horizon; a no-cause month-to-month exit needs thirty days under 76-1437.
3. Gather the documentation the statute names. A copy of military orders for SCRA; the dated written repair notice and proof the cure window passed for a habitability claim; an entry log and complaints for a 76-1438 claim; a protective order or certification for the 76-1431.02 domestic-violence procedure.
4. Deliver written notice with proof. Put the ground, the effective date, and a forwarding address in writing, and deliver it by a method that creates a record – personal delivery with a signed receipt or return-receipt mail.
5. Mitigate, or help the landlord mitigate. With no statutory ground, the duty to re-rent under section 76-1405 caps the bill; a tenant who presents a qualified replacement effectively performs the mitigation and cuts the vacancy.
6. Close out the deposit. Within fourteen days under section 76-1416, the landlord delivers an itemized statement and returns the balance, deducting only the mitigated rent owed and damage beyond ordinary wear.

Nebraska Lease-Break Documentation Checklist

Keep this file from the day the tenant first raises an early exit. It is the record that answers a disputed balance or a fair housing inquiry.

• The written termination request and the legal ground claimed.
• The supporting documentation – military orders, the repair notice, an entry log, or a protective order or certification.
• The written notice itself, with its delivery date and proof of service.
• For a habitability exit, the dated repair notices, the landlord’s response or silence, and proof the fourteen-day cure window under 76-1425 passed.
• The re-rental record: the listing date, the asking rent, showings, and applications received – the section 76-1405 mitigation evidence.
• The date the unit was actually re-rented and the new rent.
• The deposit accounting and itemized statement delivered within fourteen days under section 76-1416.

Common Mistakes That Create Liability

The recurring Nebraska errors are refusing a valid servicemember termination, overstating the domestic-violence statute as a victim self-termination right, billing a departed tenant for the full remaining term without trying to re-rent, mishandling the deposit at an early exit, and failing to document the re-rental effort. Almost every one turns on the statutory grounds and the section 76-1405 duty to mitigate, so the records that prove honored grounds and a diligent re-rental are the landlord’s strongest rebuttal to a disputed balance. Our guide to verifying tenant income rounds out the financial side of managing a tenancy in Nebraska.

Re-Rent Fast With Screened Nebraska Tenants

When a tenant leaves early, your duty under Neb. Rev. Stat. 76-1405 is to re-rent. Order FCRA-ready credit, criminal, and eviction reports and fill the unit with confidence in Nebraska.

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Nebraska Breaking Lease Laws: FAQ

Can a Nebraska tenant break a lease early?

Sometimes without penalty, and otherwise with limited liability. Nebraska’s Uniform Residential Landlord and Tenant Act and federal law give a tenant grounds to terminate early – a servicemember under the SCRA, an uninhabitable unit the landlord will not fix under Neb. Rev. Stat. 76-1425, and unlawful entry or harassment under Neb. Rev. Stat. 76-1438. When no ground applies, the tenant still does not owe the whole term, because Neb. Rev. Stat. 76-1405 requires the landlord to mitigate by re-renting.

Does Nebraska give a domestic-violence victim a right to break the lease?

Nebraska’s domestic-violence statute works differently from a victim self-termination right. Under Neb. Rev. Stat. 76-1431.02 a tenant-victim who provides a protective order or qualifying certification may have the perpetrator excluded from the unit and removed from the rental agreement, and under 76-1431.04 the landlord must change the locks. Nebraska does not provide a separate statute that lets the victim unilaterally end their own lease and walk away free of rent, so a victim who must leave relies on the perpetrator-removal procedure, the general mitigation rule, or a negotiated exit.

Can a Nebraska tenant break a lease for military service?

Yes. Under the federal Servicemembers Civil Relief Act, codified at 50 U.S.C. 3955, a tenant who enters active duty or receives qualifying permanent-change-of-station or ninety-day-plus deployment orders may terminate with written notice and a copy of the orders. The lease ends thirty days after the next rent payment is due following delivery of the notice.

Does a Nebraska landlord have to mitigate damages?

Yes. Neb. Rev. Stat. 76-1405 states plainly that the aggrieved party has a duty to mitigate damages. When a tenant abandons the unit, the landlord must make a reasonable, good-faith effort to re-rent, so the departed tenant’s liability is the rent lost only until a reasonable re-rental would have filled the unit – not the full remaining term.

Can a Nebraska tenant break a lease if the unit is uninhabitable?

Yes, on a specific procedure. Under Neb. Rev. Stat. 76-1425, when the landlord materially fails to keep the unit habitable as required by 76-1419, the tenant gives written notice specifying the breach; if the landlord does not remedy it within fourteen days, the rental agreement terminates on a date not less than thirty days after the notice. A repeat of the same violation within six months lets the tenant terminate on fourteen days’ notice.

Can a Nebraska tenant terminate for unlawful landlord entry?

Yes. Under Neb. Rev. Stat. 76-1438, if the landlord makes an unlawful entry, a lawful entry in an unreasonable manner, or repeated demands for entry that harass the tenant, the tenant may obtain injunctive relief to stop the conduct, terminate the rental agreement, and recover actual damages of not less than one month’s rent plus reasonable attorney’s fees.

What does a Nebraska tenant owe for breaking a lease without cause?

Rent for the time the unit sits vacant until a reasonable re-rental would have filled it, plus the landlord’s actual re-rental costs such as advertising. Because Neb. Rev. Stat. 76-1405 imposes a duty to mitigate, the tenant does not automatically owe the entire remaining term, and a landlord who never tries to re-rent forfeits the rent that effort would have replaced.

Is a flat early-termination fee enforceable in Nebraska?

Nebraska has no statute that blesses a flat lease-break fee, so its enforceability turns on general contract law. A liquidated-damages clause is valid only when actual damages were difficult to estimate at signing and the amount is a reasonable forecast of loss; a clause that operates as a penalty is unenforceable. Because the actual loss after a lease break is measurable – the mitigated rent gap under 76-1405 – a flat one- or two-month fee is vulnerable, while a freely negotiated buyout signed at the exit is generally enforceable.

Can a Nebraska tenant sublet to get out of a lease?

Often, but most leases require the landlord’s written consent, and subletting without it breaches the lease. The upside ties back to mitigation: if the departing tenant presents a qualified replacement and the landlord unreasonably refuses, that refusal works against the landlord under the 76-1405 duty, because the landlord chose the resulting vacancy.

How much notice does a Nebraska month-to-month tenant give to move out?

Under Neb. Rev. Stat. 76-1437, either party ends a month-to-month tenancy with at least thirty days’ written notice before the periodic rental date. That is the no-cause exit; it is separate from the statutory early-termination grounds that apply mid-term on a fixed-term lease.

When must a Nebraska landlord return the deposit after a lease break?

Within fourteen days of termination of the tenancy under Neb. Rev. Stat. 76-1416, with a written itemization of any deductions. The landlord may apply the deposit to the mitigated rent owed and to damage beyond ordinary wear, but not to the full remaining term. A willful, bad-faith failure to return it exposes the landlord to liquidated damages of one month’s rent or twice the deposit, whichever is less.

Related Nebraska Breaking a Lease and Rental Guides

• Breaking lease laws by state – compare Nebraska to the rest of the country.
• Nebraska lease termination laws – month-to-month notice, non-renewal, and holdover rules.
• Nebraska security deposit laws – the one-month cap and the fourteen-day return deadline.
• Nebraska eviction notice laws – notice periods and the eviction timeline.
• Nebraska habitability laws – the repairs a landlord must make and the tenant’s remedies.
• Nebraska rent increase laws – notice periods and the limits on raising rent.
• Nebraska tenant screening laws – what you can check before renting.
• Free Nebraska lease agreement form – a configurable, fillable Nebraska lease PDF.
• Tenant screening laws by state – evaluate the replacement tenant.

About the Author

Published by Tenant Screening Background Check · Editorial Team

Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.

Updated 2026

Legal Disclaimer

This article is for general informational purposes only and is not legal advice. Nebraska and federal laws change, and how they apply depends on your specific facts. Before acting on any termination, fee, deposit, or fair housing question, consult a licensed attorney in Nebraska. Reading this page does not create an attorney-client relationship.