The Nebraska thirty (30) day notice to vacate, in reference to Section 76-1437, must be served to a month-to-month tenant to allow them the required thirty (30) days to vacate the rental unit. The 30 day month-to-month termination notice is required under Nebraska State law. The notice should be served personally, or sent through certified mail (and posted on the premises of the rental unit). Although month-to-month tenancy terminations do not require a specific reason, terminations cannot be in retaliation/discrimination of the tenant. Download/Print: .PDF format MS Word format How to Write Step 1 – Put the current date (DD, MM,
Nebraska Eviction Process & Laws | Free NE Eviction Notices
The Nebraska 14/30 day notice to quit, reference Statute 76-1431, is a letter that is sent by the landlord to the tenant when there has been a violation against the lease. The notice states that the tenant has thirty (30) days to vacate the premises while describing the noncompliance. If it has been the first (1st) occurrence of its kind the tenant has the right to comply and fix the issue within the initial fourteen (14) day period. If the tenant does not comply, or it has been the second (2nd) violation, they will be required to leave by the
The Nebraska three (3) day notice, following Statute 76-1431(2), is required to be served to tenants who have failed to pay rent. The notice provides the tenant with three days to either pay the owed amount, or vacate the rental unit. If the tenant does not pay or move out within the three day period, the landlord can file an eviction lawsuit in court. The notice must be served to the tenant, and the notice period (three days) must expire (with no action taken by the tenant), before the lease agreement can be terminated. Download/Print Link: .PDF format (link opens in
How to Evict a Tenant (Process)
The Nebraska eviction process takes three steps to complete. The typical length of time from start to finish is approximately 20 days. Nebraska State law requires that tenants receive sufficient notice prior to the landlord terminating the lease/rental agreement and filing an eviction action in court. Tenants who have not paid rent must receive three (3) days to pay or move out, before the agreement can be terminated. Month-to-month tenancies can be terminated for any reason (barring discrimination/retaliation), but the tenant must receive at least thirty (30) days to vacate. Tenants who have committed lease violations are required to receive at least 14 days to correct the violations before the rental agreement can be terminated.
Step 1 – The tenant must be served with the proper type of notice. The notice can be delivered personally, or sent through the mail (and a second copy posted on the door of the rental property). Some counties allow for the landlord to request that the Sheriff’s Office serve the notice to the tenant (however this is not required).
Step 2 – After the tenant has been served the notice, and has not moved out/paid rent/fixed the violation(s), the landlord can terminate the rental agreement and file an eviction suit (i.e. “forcible entry and detainer”) in court. A copy of the summons form can be found here (link opens in a new tab/window). After all of the proper forms have been filed, the tenant will be served with a summons/complaint. The summons informs the tenant of when the trial will be held.
Note: The filing fee is $45 in most counties of Nebraska. The fee for the Sheriff’s Office to serve the summons to the tenant is typically $25. When filing, make several copies (at least two) of each form.
Step 3 – If the landlord wins the suit, the tenant will be ordered to vacate the property within a certain amount of time (and may be required to pay for the landlord’s legal fees, in addition to any back rent). A “Writ of Restitution” might be issued if the tenant fails to move out by the date specified in court. The writ will allow the Sheriff’s Office to physically evict the tenant.