Nebraska Eviction Notice

Types of Nebraska Eviction Notices

There are several types of eviction notices in Nebraska, each serving different purposes based on the grounds for eviction:

1. 7-Day Notice to Quit:

   This notice is issued for non-payment of rent. A landlord can serve this notice the day after rent is due, requiring the tenant to pay all past due rent or vacate within seven calendar days. (Nebraska Revised Statutes § 76-1431(2))

2. 30-Day Notice to Comply or Vacate:

   This notice is for curable lease violations, allowing the tenant 14 days to correct the violation and 30 days to vacate if they fail to comply. Common violations include health and safety issues or interference with neighbors. (Nebraska Revised Statutes § 76-1431(1))

3. 5-Day Notice to Vacate:

   Issued for incurable lease violations, such as illegal activities or threats. The tenant must vacate within five calendar days. (Nebraska Revised Statutes § 76-1431(4))

4. 14-Day Notice to Vacate:

   This notice is for tenants who have repeated lease violations within six months. The tenant must vacate within fourteen calendar days without an opportunity to cure the violation. (Nebraska Revised Statutes § 76-1431(1))

5. 30-Day Notice to Vacate:

   Used to terminate month-to-month or year-to-year leases, this notice requires at least thirty days’ notice before termination. (Nebraska Revised Statutes § 76-1437(2))

How to Write an Eviction Notice in Nebraska

When drafting an eviction notice, landlords should ensure it includes the following elements:

1. Tenant Information: Full name and address of the tenant.
2. Lease Violation: Clear specification of the lease violation or reason for eviction.
3. Termination Date: The date by which the tenant must comply or vacate.
4. Landlord Information: The landlord’s printed name, signature, and address.
5. Delivery Method: The date and method of delivery, along with the landlord’s printed name and signature.

Serving an Eviction Notice

Landlords can serve an eviction notice through various methods:

1. Hand Delivery: Directly to the tenant.
2. Mail: Sent to the tenant’s address or last known residence. Note that mailed notices extend the notice period by three calendar days.

Eviction Process in Nebraska

The eviction process in Nebraska involves several steps:

1. Serve the Notice: The landlord must serve the appropriate eviction notice based on the grounds for eviction.
2. File a Complaint: If the tenant does not comply with the notice, the landlord can file a forcible entry and detainer complaint in the local court.
3. Attend Court Hearing: Both parties present their case, and the court issues a judgment.
4. Obtain a Writ of Restitution: If the landlord wins, they can request a Writ of Restitution to enforce the eviction.
5. Law Enforcement Involvement: Law enforcement may carry out the eviction if the tenant does not leave voluntarily.

Important Legal References

The eviction process in Nebraska is governed by the Uniform Residential Landlord Tenant Act and specific statutes, including Nebraska Revised Statutes § 76-1431 and § 76-1437. These laws outline the requirements and procedures for eviction notices and the legal obligations of both landlords and tenants.

Statutes

• Neb. Rev. Stat. §§ 76-1405 – Remedies; administration and enforcement; duty to mitigate damages
• Neb. Rev. Stat. §§ 76-1409 – Courts; jurisdiction
• Neb. Rev. Stat. §§ 76-1414(1) – Terms and conditions of rental agreement; death of tenant; removal of personal property; liability
• Neb. Rev. Stat. §§ 76-1414(3) – Terms and conditions of rental agreement; death of tenant; removal of personal property; liability
• Neb. Rev. Stat. §§ 76-1415(1)(c) – Prohibited provisions in rental agreements
• Neb. Rev. Stat. §§ 76-1416(1) – Security deposits; prepaid rent
• Neb. Rev. Stat. §§ 76-1416(2) – Security deposits; prepaid rent
• Neb. Rev. Stat. §§ 76-1417 – Disclosure
• Neb. Rev. Stat. §§ 76-1419 – Landlord to maintain fit premises
• Neb. Rev. Stat. §§ 76-1421 – Tenant to maintain dwelling unit
• Neb. Rev. Stat. §§ 76-1423(1) – Access
• Neb. Rev. Stat. §§ 76-1423(2) – Access
• Neb. Rev. Stat. §§ 76-1427 – Wrongful failure to supply heat, water, hot water, or essential services
• Neb. Rev. Stat. §§ 76-1431(1) – Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions
• Neb. Rev. Stat. §§ 76-1431(2) – Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions
• Neb. Rev. Stat. §§ 76-1432(2) – Remedies for absence, nonuse, and abandonment
• Neb. Rev. Stat. §§ 76-1432(3) – Remedies for absence, nonuse, and abandonment
• Neb. Rev. Stat. §§ 76-1436 – Recovery of possession limited
• Neb. Rev. Stat. §§ 76-1437(1) – Periodic tenancy; holdover remedies
• Neb. Rev. Stat. §§ 76-1437(2) – Periodic tenancy; holdover remedies
• Neb. Rev. Stat. §§ 76-1439 – Retaliatory conduct prohibited
• Neb. Rev. Stat. §§ 76-1441 – Complaint for restitution; filing; contents
• Neb. Rev. Stat. §§ 28-611 – Issuing or passing a bad check or similar order; penalty; collection procedures
• Neb. Rev. Stat. §§ 25-2802 – Jurisdiction
• Neb. Rev. Stat. §§ 25-205 – Actions on written contracts, on foreign judgments, or to recover collateral
• Neb. Rev. Stat. §§ 25-206 – Actions on oral contracts or statutory liabilities