A Nebraska eviction notice is a crucial document for landlords aiming to initiate the tenant eviction process. It must comply with Nebraska state laws and provide tenants with a specified period to respond or vacate the premises as legally mandated.
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.
How to Evict a Tenant in Nebraska?
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 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. 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
Law enforcement can enforce the judgment at that time if the tenant refuses to leave the landlord’s property willingly.