The Nebraska eviction notice is a letter the landlord uses to inform the tenant that they want to terminate the lease agreement. The landlord also provides the reasons for such action and can optionally offer the tenant the opportunity to fix the violation they’ve committed and stop the eviction process.
If the tenant doesn’t comply with the request in the eviction notice, the landlord then moves forward with an eviction lawsuit before the court. The court then issues the writ of restitution, which enables the landlord to forcefully remove the tenant from the property.
Types of Eviction Notice in Nebraska
Here you can find different types of Nebraska eviction notices you can use, depending on the type of lease and the reasons for the eviction.
Notice to Pay Rent or Quit
This type of Nebraska eviction notice is used when the tenant fails to pay the rent on time. The landlord will then issue the eviction notice, giving the tenant at least seven days to pay the rent or leave the property. If the tenant does neither, the landlord will initiate the eviction process before the court.
Notice for Non-Compliance
The landlord can use this type of Nebraska eviction notice if the tenant violates the lease agreement or the Nebraska landlord-tenant law. For these types of violations, the tenant will have the opportunity to remedy the violation within 14 days. However, if they fail to remedy the violation, they must leave the property within 30 days of receiving the eviction notice.
Notice for Illegal Activity
If the tenant commits illegal activity at the property, the landlord will issue an eviction notice giving them five days to leave the property. The tenant will not have the opportunity to remedy the violation.
The illegal activities often include the following:
Notice for Illegal Activity
Assaulting another person at the leased property
Possession or use of an illegal firearm
Sale or possession of an illegal substance
Notice to Terminate the Month-to-Month Lease
If the lease term has ended and the tenant still remains at the property (holdover tenancy), or if there is no set lease term (week-to-week or month-to-month tenancy), the landlord can terminate the lease agreement by issuing this notice to the tenant.
The landlord is not obliged to provide any reason for the eviction in this case. However, they must give the tenant at least 30 days to vacate the property before initiating the eviction procedure before the court.
Eviction Laws and Requirements in Nebraska
Laws & Requirements
Rent Payment Grace Period: No provision in the Nebraska Statute.
Notice for Non-Payment of Rent: 7 days. (§ 76-1431(2))
Notice for Non-Compliance: 30 days. (§ 76-1431(1))
Notice for Illegal Activity: 5 days. (§ 76-1431(4))
Notice for Periodical Lease Termination: 30 days for a month-to-month lease. (§ 76-1437(2))
Eviction Lawsuit: Uniform Landlord and Tenant Act
When is Rent Late in Nebraska?
According to Nebraska landlord-tenant law, the rent payment is considered late immediately after its due date. The due date is usually the beginning of the month or a week unless something else is provided in the lease agreement.
In practice, if the due date is the 1st of the month, it will be considered late on the 2nd day of the month. From that moment on, the landlord can issue a notice to pay or quit to the tenant.
Grounds for Eviction in Nebraska
The landlord can use the following reasons to evict the tenant in Nebraska:
Grounds for Eviction
If the tenant fails to pay the rent before the due date
In case the tenant violates the lease agreement
When the tenant violates the Nebraska landlord-tenant law
If the landlord wants to terminate the periodic tenancy (week-to-week or month-to-month)
Eviction Process in Nebraska
The steps below show the complete eviction process in Nebraska, from the moment the violation is committed until the tenant gets evicted from the property.
#1. Write a Notice
When the tenant commits a certain violation that can serve as the basis for the eviction, the landlord will first issue a Nebraska eviction notice to the tenant. They will inform them of the reasons for the eviction and give them a deadline before which they must leave the property.
The landlord will serve the notice to the tenant in one of the following ways:
Ways to Serve a Notice
By giving it personally to the tenant
Posting it in a conspicuous place on the property
Using certified mail
In any of the above-mentioned cases, the landlord must make sure they have proof that the eviction notice was delivered to the tenant.
#2. File the Complaint
If the tenant doesn’t act according to the landlord’s request in the Nebraska eviction notice, the landlord will initiate the lawsuit.
The landlord will do the following:
Steps to File a Complaint
The lawsuit is submitted to the appropriate District Court of Nebraska, depending on the location of the leased property.
#3. Serve the Tenant
The sheriff or other relevant body will deliver the summons and other relevant documents to the tenant within three days from the moment the court issues the summons. The summons will inform the tenant about the most important facts of the process and about the court hearing date.
#4. Wait for the Court’s Judgment
The hearing must be held within 10–14 days from the moment the court issued the summons. The hearing is held before the judicial officer. If the tenant fails to appear for the hearing, the court will issue a default decision in the landlord’s favor. Otherwise, the court will hear the arguments of both parties and make its decision.
#5. Court Issues the Writ of Restitution
If the court makes a decision in the landlord’s favor and the tenant still doesn’t leave the property, the landlord can request that the court issue a Writ of Restitution. This document enables the landlord to hire the sheriff to forcefully remove the tenant from the property.
Other Eviction-Related Forms in Nebraska
Besides the Nebraska eviction notice, the parties will use other eviction-related forms in the eviction process.
Other Eviction-Related Forms
Complaint Form. This document contains all the necessary information about the landlord and the tenant, the nature of their dispute, and the landlord’s claim.
Summons. It informs the parties about the eviction process before the court and informs them of the date of the court hearing.
Writ of Restitution. This document serves as a final warning to the tenant to leave the property. It also gives the sheriff the authority to forcefully remove the tenant from the property.
Eviction Information for Landlords in Nebraska
The landlord is not allowed to use any of the self-help methods to evict the tenant from the leased property. If found liable, the landlord will be required to compensate the tenant an amount equal to up to three months' rent plus reasonable attorney’s fees.
The self-help methods include changing the locks on the leased property to stop the tenant from accessing it. They are also not allowed to shut off the utilities at the leased unit or remove the tenant’s belongings from it.
Eviction Information for Tenants in Nebraska
If you receive an eviction notice from your tenant, make sure the notice:
Eviction Information for Tenants
Provides the reason for the eviction.
The reasons provided in the notice are also listed in the Nebraska landlord-tenant law as reasons for the eviction.
Informs you about the number of days you have to leave the property.
The number of days provided is not lower than the minimal number of days provided in the Nebraska landlord-tenant law for a certain type of violation.
The notice provides a way in which you can remedy the violation and stop the eviction.
How to Write an Eviction Notice in Nebraska
Nebraska Eviction Notice Checklist
Nebraska Eviction Notice FAQ
You can file an eviction notice in Nebraska in any of the following cases:
If the tenant failed to pay the rent
In case the tenant violated the lease agreement or the Nebraska landlord-tenant law
If you want to terminate the week-to-week or month-to-month lease
The landlord in Nebraska must send an eviction notice to the tenant before initiating any other action. If the landlord files a lawsuit without providing a copy of the eviction notice to the court, the court will dismiss their application.
The eviction process in Nebraska can last anywhere between 4 and 8 weeks. This process can take even longer if the tenant decides to fight the eviction and uses all of the legal options they have.
No. The Nebraska landlord-tenant law provides the minimum notice period for all eviction reasons, and all of them are longer than three days.