Nebraska Eviction Notices
Nebraska eviction notices give a tenant written notification that their lease will be terminated if they do not comply with the landlord’s written demands within a limited time period. For non-payment of rent and lease violations, landlords are required to give their lessees formal notice and an opportunity to pay or comply before they can file an eviction suit against them. Furthermore, it is against the law for a landlord to physically evict a renter themselves. If the lessee complies with the conditions of the notice within the allotted time frame, the eviction notice will be nullified. Month-to-month tenancies require that the property owner gives their tenant at least thirty (30) days’ notice before terminating their rental agreement (unless otherwise stated in their agreement).
How to Evict a Tenant (Process)
The eviction process begins when the landlord serves their tenant with an eviction notice. This notice will usually give the tenant an opportunity to avoid being evicted. If the tenant fails to comply with the notice within the given time period, the landlord can file an eviction lawsuit to have them removed by court order.
Step 1 – Choose the Correct Notice Type
Obtain the appropriate eviction notice for your situation. If your tenant hasn’t paid rent, you will need to fill out Seven (7) Day Notice to Quit or Vacate. Tenants who have committed lease violations are required to receive at least fourteen (14) days to correct their infractions before the rental agreement can be terminated. A month-to-month rental agreement can be terminated for any reason that is not discriminatory or retaliatory in nature, but the tenant must be given at least thirty (30) days to move out.
Once you have filled out the eviction notice, make a copy of the document to use as proof of service.
Step 2 – Serve the Notice to Tenant
You must deliver personally or by certified mail. Depending upon your county’s Sheriff’s Office, a sheriff will sometimes serve the notice for a fee.
Step 3 – Petition and Summons of Restitution
If the tenant has been served an eviction notice and has not vacated the rental unit or fulfilled the notice requirements on time, the rental agreement can be terminated and you can file an eviction suit in court. You will need to file a complaint and a Summons or Restitution. The complaint will describe the reason for the eviction and any restitution that you are seeking. Fill out as much of the first page of the summons as you can, the rest will be filled out by the court clerk and the person who serves the notice. Even if your county court cannot provide all of the required documents, they should still be able to give you sample documents to draft your complaint/affidavit forms, if you require.
Step 4 – File Forms With Clerk
Bring your completed eviction documents and a copy of your lease and give them to the Clerk of Civil/Small Claims division of your District or County Court. You will need to pay the Clerk’s Office by cash or check for filing fees, the cost of which varies depending on the court in which you are filing (see fee schedule).
Step 5 – Serve Summons
Once the eviction suit has been filed, the tenant will be served with the summons and complaint by a law enforcement officer (or appointed individual). The summons informs the tenant of when the trial will be held and orders them to appear before the court.
Step 6 – Attend Trial
On the date of the trial, you must arrive on time with copies all of your eviction documents and proof of the tenant’s nonpayment or lease violation(s). The judge will also hear the tenant’s defense if they decide to contest the eviction action.
If you win the case, the tenant will be ordered to vacate the property by an appointed date (and may be required to pay for the landlord’s legal fees, in addition to any back rent) and you will be issued a Writ of Restitution which gives the sheriff the right to remove the tenant from your property if necessary.
Step 7 – Remove Tenant
Once the judge has ruled in your favor and a Writ of Restitution has been issued, the sheriff can remove the tenant if they do not vacate your premises by the appointed date. You must take an inventory of any property that is left behind in the rental unit and allow the evicted party the opportunity to reclaim it. The ex-tenant should be given seven (7) days to reclaim their property if they are notified in person, or fourteen (14) days if they are informed by mail.