Understanding Nebraska Eviction Notices
In Nebraska, landlords must serve tenants with a written notice before filing for eviction. The notice type depends on the issue. It could be overdue rent, lease breaches, or terminating a month-to-month lease.
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Types of Eviction Notices in Nebraska
Nebraska landlords must issue eviction notices tailored to the situation. Each will have its own legal timeline, depending on the reason (like non-payment, lease violations, or no-cause terminations).
7-Day Notice to Pay Rent or Quit
Issue this form to tenants who fail to pay rent on time. Per NE Code § 76-1431(2), they must either settle the unpaid rent or vacate the premises within seven days. If the tenant does not pay or vacate within seven days, the landlord can terminate the rental agreement and initiate an eviction lawsuit. This notice, which lacks a grace period under Nebraska law, can be served immediately after rent is due.
7-Day Notice to Pay Rent or Quit
Evict a tenant if they haven’t paid rent on time.
14/30-Day Notice to Quit for Non-Compliance
Inform tenants of their lease violation or creation of a health or safety hazard to start the eviction process. This notice details the specific breaches and required corrective actions under NE Code § 76-1431(1).
For the first violation, tenants have 14 days to remedy the issue, with the notice outlining possible solutions like repairs or payment. Failure to comply within this period can lead to lease termination within 30 days. If a tenant repeats a similar breach within six months, the landlord can issue a second notice, leading to lease termination within 14 days.
For the second violation involving repeated violations within six months, the notice serves to cancel the lease, requiring the tenant to vacate within 14 days. This notice is crucial in maintaining property standards and ensuring tenant compliance with lease terms and safety regulations.
14-Day/30-Day Notice to Quit for Non-Compliance
Begin evicting a tenant if they’ve broken the terms of your lease. Tenants have 14 days to fix (or “remedy”) the problem, or else the lease will be terminated within 30 days.
30-Day Notice Lease Termination
Use this form to communicate the landlord’s intention to end a lease. This document must be served within 30 days under NE Code § 76-1437 to comply with state law and the terms of the lease agreement.
30-Day Notice Lease Termination
Use this notice to let a tenant know that you're ending a month to month lease.
How to Evict a Tenant in Nebraska
In Nebraska, eviction lawsuits are governed by Chapter 69 and Chapter 76 of the Nebraska Revised Statutes.
Step 1: Serve the Tenant with an Eviction Notice
First, the tenant must be served an eviction notice outlining the reason(s) and terms for the eviction. The tenant has the chance to remedy (or “cure”) the problem or move out before the landlord can take legal action.
Under NE Code § 76-1430, the tenant will have certain remedies, like the right to recover three months’ rent and reasonable attorney fees, if the landlord tries to evict the tenant unlawfully.
Step 2: File a Complaint with the Court
After the Court processes the complaint, the tenant receives a copy with information about the allegations and the upcoming court date. The complaint must be filed within three days of the summons being issued.
Step 3: Attend The Court Hearing
Usually, the Court will issue a judgment while the parties are still present, including assessing damages and when either party has to pay for those damages. Per NE Code § 76-1444, if the tenant fails to appear, the court shall try the cause as if they were present.
Step 4: Receive a Writ of Restitution
If the judgment is ruled in the landlord’s favor, the tenant has a certain period of time to move out.
Step 5: Get Your Property Back
Law enforcement can enforce the judgment at that time if the tenant refuses to leave the landlord’s property willingly.
