Nebraska
Eviction Process

The CDC issued a halt on evictions until Dec. 31 for qualifying renters. Click here

Timeline. Evicting a tenant in Nebraska can take around 1-2 months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer (read more).

Questions? To chat with a Nebraska eviction attorney, Click here

Below are the individual steps of the eviction process in Nebraska.

Step 1: Notice is Posted

Landlords in Nebraska can begin the eviction process for several reasons, including:

  1. Nonpayment of Rent – Once rent is past due, notice must be served giving the tenant the option to pay rent in order to avoid eviction.
  2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord is required to give the tenant the opportunity to correct the issue before moving forward with the eviction process.
  3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
  4. Illegal Activity If a tenant is engaged in illegal activity, they must receive written notice prior to an eviction hearing.
NOTES
  • Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
  • Evicting a Squatter. If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then a landlord/tenant relationship may not be established. As a result, the normal eviction process may not be applicable (read more).

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Nebraska law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease/rental agreement.

Once rent is past due, the landlord must provide tenants with a 7-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 7 days in order to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Nebraska if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

Nebraska landlords are required to allow tenants to correct a lease violation in these instances, and must provide tenants with a 30-Day Notice to Comply giving the tenant 14 days to correct the issue.

If the issue is not corrected within the 14-day deadline, the tenant will need to move out at the end of the 30 days given in the Notice to Comply.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Material health/safety violations are also included in this category, and may include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.

Note that illegal activity is not included in this category.

If the tenant fails to correct the issue within the deadline/remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of Nebraska, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord may be required to give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type of tenancy.

  • Week-to-week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit.
  • Month-to-month If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

Tenants who are involved in illegal activity must be given 5 days’ written notice before the landlord can proceed with an eviction action. Tenants in these instances do not have the opportunity to correct the issue in order to avoid eviction.

In Nebraska, illegal activity includes :

  • Physical assault/threat of physical assault
  • Illegal use of/threat to use a firearm/other weapon
  • Possession of a controlled substance
  • Illegal sale of a controlled substance
  • Any other activity that would harm people/property on the rental premises

If someone other than the tenant was involved in the illegal activity, and the tenant can show that they either filed a restraining order against the party responsible, or reported the activity to a law enforcement agency (or both), then the tenant may be able to avoid eviction.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Questions? To chat with a Nebraska eviction attorney, Click here

Step 2: Complaint is Filed and Served

As the next step in the eviction process, Nebraska landlords must file a complaint in the appropriate court. In the state of Nebraska, this costs $83 in filing fees for eviction cases filed in district court.

The summons and complaint may be served on the tenant by the sheriff or anyone else who isn’t part of the case within 3 days of the date the summons was issued by the court, through one of the following methods :

  1. Giving a copy to the tenant in person
  2. Leaving a copy at the tenant’s residence with someone of “suitable” age
  3. Mailing a copy via certified mail
  4. Using a designated delivery service to deliver a copy to the tenant
  5. Posting a copy at the rental unit AND mailing a copy via first class mail

Posting a copy may only be done if all other service methods fail.

Note that certified mail and delivery services may be done by the landlord or the landlord’s attorney and do not have to be done by the sheriff or a third-party process server.

3 days. The summons and complaint must be served on the tenant within 3 days of the date the summons was issued by the court.

Step 3: Court Hearing and Judgment

The eviction hearing must be held 10-14 days after the summons is issued.

In Nebraska, landlords and tenants do not have the right to a jury trial, and the eviction hearing will be held before a judicial officer only.

If the tenant fails to appear for the hearing, the judicial officer may issue a default ruling in favor of the landlord, meaning the tenant will have to move out.

If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of restitution will be issued and the eviction process will continue.

10-14 days. The eviction hearing must be held at least 10 days, but not more than 14 days, after the date the summons is issued by the court.

Step 4: Writ of Restitution Is Issued

The writ of restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before a law enforcement officer returns to the property to forcibly remove them.

If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of restitution. Nebraska state law doesn’t specify how quickly this must be done after the judgment is issued in favor of the landlord.

A few hours to a few days. The landlord must request the writ of restitution, but it can be issued the same day as the hearing.

Step 5: Possession of Property is Returned

Law enforcement officers must remove tenants from the rental unit within 10 days of the date the writ of restitution is issued by the court.

This could mean tenants have to move out the day the court hearing is held, depending on how quickly the landlord requests the writ of restitution. Tenants should be prepared to move out immediately, just in case.

10 days. The tenant has 10 days at the most once the writ of restitution has been issued to move out before a law enforcement officer is allowed to forcibly remove them from the property.

Questions? To chat with a Nebraska eviction attorney, Click here

Nebraska Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Nebraska. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

  1. Initial Notice Period – between 5 and 30 days, depending on the notice type and reason for eviction.
  2. Issuance/Service of Summons and Complaint – 3 days.
  3. Court Hearing and Ruling on the Eviction – 10-14 days after the summons is issued by the court.
  4. Issuance of Writ of Restitution – a few hours to a few days.
  5. Return of Possession – up to 10 days.

Flowchart of Nebraska Eviction Process

For additional questions about the eviction process in Nebraska, please refer to the official legislation, Nebraska Revised Statutes §§76-1401 to 76-1449, and §§25-505.1 to 25-506.1, for more information.