If you’re a landlord seeking to evict a tenant, use a Nebraska (NE) eviction notice to begin the process. Your eviction notice must be written according to Nebraska state law, and give your tenant the legally required amount of time to respond or move out.
In Nebraska, eviction lawsuits are governed by Chapter 69 and Chapter 76 of the Nebraska Revised Statutes.
Eviction notices in Nebraska are sometimes referred to as:
- Nebraska Notice to Quit
- Nebraska Notice to Pay or Quit
- Nebraska Notice to Vacate
- Nebraska Lease Termination
Nebraska Eviction Notices by Type
Download a free eviction notice customized for Nebraska state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Nebraska, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Download: Word (.docx) or Adobe PDF
14/30-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Nebraska, landlords must give tenants 30 days’ notice before the eviction process can proceed in court.
In that time, tenants have 14 days to fix (or “remedy”) the problem, or else the lease will be terminated and the tenant must move out within 30 days.
Download: Word (.docx) or Adobe PDF
7-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Nebraska, landlords must give tenants seven days to pay rent before the eviction process can proceed in court.
Download: Word (.docx) or Adobe PDF
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Laws: Uniform Residential Landlord Tenant Act
- Eviction process: Nebraska Revised Statute § 76-1440 to § 76-1447
- Notice of Non-Compliance: 14 days to fix the problem then 30 days to vacate § 76-1431 (1)
- Non-Payment of Rent Notice: 7 days § 76-1431 (2)
- Lease Termination (Month-to-Month): 30 days § 76-1437 (2)
- Not Responding to Court Summons: § 76-1444
- Tenant’s Remedies for Unlawful Eviction: § 76-1430
What are the Steps in a Nebraska Eviction?
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
Step 2: File a Complaint with the Court
After the complaint is processed by the court, the tenant receives a copy with information about the allegations and the upcoming court date. The complaint must be filed within 3 days of the date the summons was issued.
Step 3: Attend The Court Hearing
Usually the Court will issue a judgment while the parties are still present, including the assessment of damages and when either party has to pay for those damages. If either party fails to appear, a judgment may be entered against them. If both parties fail to appear, the Court will dismiss the case.
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
At that time, the judgment can be enforced by law enforcement if the tenant refuses to willingly leave the landlord’s property.
Eviction Information for Nebraska Landlords and Tenants
Landlords
Nebraska law requires landlords to comply with the eviction rules, and landlords are not allowed to use “self-help” methods to force tenants out such as by turning off utilities. Any landlord who attempts these kinds of actions could be liable for damages, including up to three months’ rent and attorney fees.
Basic court information for landlords can be found on the Nebraska Supreme Court self-help page, and the Nebraska Fair Housing Act explains violations and potential penalties.
Tenants
The Landlord and Tenant Law handbook published by Legal Aid of Nebraska can help with answering most simple legal questions regarding the rights of duties of landlords and tenants. There’s even a checklist so tenants can document any problems on moving in and leaving.
However, the agency does advise tenants to seek legal help if there are any problems, and the handbook gives several resources to assist individuals in finding reasonably priced legal aid.
