In Nebraska, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Nebraska?
In Nebraska, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Nebraska?
In Nebraska, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 7 Day Notice To Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Nebraska, rent is late starting the day after it’s due.
Acceptable Forms of Service in Nebraska
Nebraska landlords may deliver a written eviction notice by any method which results in actual notification of the tenant. In Nebraska, the following methods of notice have a presumption of legal validity:
- Hand delivery to the tenant
- Delivery by mail to the tenant’s address of record, or (if unknown) last place of residence
Notice is considered effective from when it comes to the other party’s attention, or reasonably should do so under the circumstances. Mailed notice extends the notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Nebraska
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at time of delivery
- Mail – via a return receipt or certificate of mailing, together with completing a Declaration of Service at time of mailing
Nebraska Eviction and Lease Termination Notice Forms
| Notice Forms | Grounds |
| 7 Day Notice To Quit | Eviction for Unpaid Rent |
| 30 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 5 Day Notice To Vacate | Eviction for Illegal Activity |
| 14 Day Notice To Vacate | Eviction for Repeat Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Neb. Rev. Stat. § 76-1413
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(1) A person has notice of a fact if (a) he has actual knowledge of it, (b) he has received a notice or notification of it, or (c) from all facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact if he has actual knowledge of it. (2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention, (b) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last-known place of residence. (3) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence. - 2 Neb. Ct. R. Pldg. § 6-1106(e)
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Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party and the notice or document is served under § 6-1105(b)(2)(B), three days shall be added to the prescribed period.
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