Steps of the eviction process in Nebraska:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing and issues judgment.
- Writ of restitution is posted.
- Possession of property is returned to landlord.
Evicting a tenant in Nebraska can take around one to two months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer.
Grounds for an Eviction in Nebraska
In Nebraska, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 7 Days | Yes |
| End of / No Lease | 30 Days | No |
| Lease Violation | 30 Days | Maybe |
| Illegal Activity | 5 Days | No |
Eviction for Nonpayment of Rent
In Nebraska, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 7 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Nebraska the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Nebraska, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Nebraska, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Nebraska landlord-tenant law. To do so, the landlord must give 30 days’ notice to fix the issue or move out.
Tenants have the opportunity to correct the issue to avoid eviction, but the tenant must fix the issue within 14 days. If the tenant does not fix the issue, the tenant must move out at the end of the 30-day notice period.
Tenant responsibilities include:
- Complying with all building and housing codes that materially affect health and safety.
- Keeping the premises clean and safe.
- Disposing of all ash, rubbish, garbage and other waste in a clean and safe manner.
- Keeping all plumbing fixtures clean.
- Using all fixtures and appliances in a reasonable manner.
- Not deliberately or negligently destroying, damaging, or removing any part of the premises.
- Not disturbing the neighbor’s peaceful enjoyment of the premises.
Examples of lease violations include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Letting trash pile up inside the rental unit.
- Providing a harbor for rodents or bugs.
- Damaging the electrical wiring in the rental unit.
If the violation is corrected, but the tenant commits the same violation within a six-month timeframe, the landlord may terminate the rental agreement with a 14 days’ notice to vacate. Tenants do not have the opportunity to correct the issue to avoid eviction.
Eviction for Illegal Activity
In Nebraska, a landlord can evict a tenant for an illegal activity. Tenants who are involved in illegal activity must be given 5 days’ notice to vacate before the landlord can proceed with an eviction action. Tenants do not have the opportunity to correct the issue to avoid eviction.
In Nebraska, illegal activity includes:
- Physical assault or threat of physical assault.
- Illegal use or threat to use a firearm or other weapon.
- Possession of a controlled substance.
- Illegal sale of a controlled substance.
- Any other activity that would harm the health and safety of people or the rental property.
If the tenant remains on the property after the notice period expires, the landlord may proceed and file an eviction lawsuit.
Illegal Evictions in Nebraska
In Nebraska, any of the below is illegal. If found liable, the landlord could be required to pay the tenant an amount equal to three month’s periodic rent and reasonable attorneys’ fees.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a building or housing code to the landlord or any authority tasked to enforce the law.
- Joining a tenant’s union or organization.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Nebraska by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person; and
- Mailing a copy of the notice to the tenant.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
7-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Nebraska, the landlord can serve them a 7-Day Notice to Pay or Quit. This notice gives the tenant 7 calendar days to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Nebraska, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
30-Day Notice to Cure or Vacate
In Nebraska, if a tenant commits a lease violation or does not uphold their legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Cure or Vacate. This eviction notice gives the tenant 14 calendar days to fix the issue or move out at the end of the 30-day notice period.
14-Day Notice to Quit
In Nebraska, if the lease violation is corrected, but the tenant commits the same violation within a six-month timeframe, the landlord may serve a 14-Day Notice to Quit. This eviction notice gives the tenant 14 calendar days to move out without the chance to fix the issue.
5-Day Notice to Quit
In Nebraska, if a tenant commits an illegal activity, the landlord can serve them a 5-Day Notice to Quit. This eviction notice gives the tenant 5 calendar days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
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 $85 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 a part of the case within three days of the date the summons was issued by the court, through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy at the tenant’s residence with someone of “suitable” age;
- Mailing a copy via certified mail;
- Using a designated delivery service to deliver a copy to the tenant;
- Posting a copy at the rental unit AND mailing a copy via first class mail. It is important to note that posting a copy may only be done if all other service methods fail. The landlord shall file an affidavit noting the diligent efforts to serve the summons.
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.
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.
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 sheriff or constable 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.
Step 5: Possession of Property is Returned
A sheriff or constable 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.
Nebraska Eviction Process Timeline
In Nebraska, an eviction can be completed in 1 to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Nebraska eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing/Serving Summons | 3 Business Days |
| Tenant Response Period | Not Required |
| Court Ruling | 10-14 Business Days |
| Court Serving Writ of Resitution | 1-3 Business Days |
| Final Notice Period | 1-10 Calendar 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.
Sources
- 1 NE Rev Stat §76-1431 (2019)
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(2) If rent is unpaid when due and the tenant fails to pay rent within seven calendar days after written notice by the landlord of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.
- 2 NE Rev Stat §76-1437 (2019)
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(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice. (2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
- 3 NE Rev Stat §76-1431 (2019)
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(1) …if there is a noncompliance with section 76-1421 materially affecting health and safety or a material noncompliance by the tenant with the rental agreement or any separate agreement, the landlord may deliver a written notice to the tenant…that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days…
- 4 NE Rev Stat §76-1431 (2019)
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(4) …after five days’ written notice of termination of the rental agreement and without the right of the tenant to cure the default, file suit …for recovery of possession …if the tenant… engages in any violent criminal activity on the premises, the illegal sale of any controlled substance on the premises, or any other activity that threatens the health or safety…
- 5 NE Rev Stat §76-1431 (2019)
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(4)(a) Physical assault or the threat of physical assault; (b) illegal use of a firearm or other weapon or the threat of illegal use of a firearm or other weapon; (c) possession of a controlled substance…or (d) any other activity or threatened activity which would otherwise threaten the health or safety of any person or involving threatened, imminent, or actual damage to the property.
- 6 NE Rev Stat §76-1430 (2021)
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If the landlord unlawfully removes or excludes the tenant from the premises or willfully and wrongfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months’ periodic rent as liquidated damages, and a reasonable attorney’s fee. If the rental agreement is terminated the landlord shall return all prepaid rent and security recoverable under section 76-1416.
- 7 NE Rev Stat §76-1439 (2021)
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(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:
(a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or
(b) The tenant has organized or become a member of a tenants’ union or similar organization.
(2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1).
(3) Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if:
(a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent;
(b) The tenant is in default in rent; or
(c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.
The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425.
- 8 NE Rev Stat §25-506.01 (2019)
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(1) Unless the plaintiff has elected certified mail service or designated delivery service, the summons shall be served by the sheriff… by a person authorized by section 25-507 or otherwise authorized by law, or by a person…not a party to the action specially appointed by the court for that purpose. (2) Certified mail service or designated delivery service shall be made by the plaintiff or plaintiff’s attorney.
- 9 NE Rev Stat §76-1442 (2019)
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The summons may be served and returned as in other cases or by any person, except that the summons shall be served within three days, excluding nonjudicial days, from the date of issuance and shall be returnable within five days, excluding nonjudicial days, from the date of issuance.
- 10 NE Rev Stat §25-505.01 (2019)
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(1)(a) … leaving the summons with the individual to be served; (b) … leaving the summons at the usual place of residence … with some person of suitable age and discretion residing therein; (c) Certified mail…(d) Designated delivery service …
- 11 NE Rev Stat §76-1442.01 (2019)
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…service of a summons…may be made by leaving a copy of the summons at the defendant’s last-known address and mailing a copy by first-class mail…The plaintiff shall file an affidavit…showing that an attempt was made to serve the summons in the manner provided in sections 25-505.01 to 25-516.01, the reasons why such service was unsuccessful…
- 12 NE Rev Stat §76-1446 (2019)
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Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury.
- 13 NE Rev Stat §76-1446 (2019)
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…the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution.
