Nebraska Eviction Process

Last Updated: October 28, 2021 by Elizabeth Souza

Timeline. 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 (read more).

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

Introduction. Landlords and tenants in Nebraska must follow the Uniform Residential Landlord and Tenant Act (URLTA). 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 seven 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

Icons  document     on iPropertyManagement.com A tenant can be evicted in Nebraska if they do not uphold their responsibilities under the terms of a written lease or 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 or 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.

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-Day Notice.

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.

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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.

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Eviction Process for Illegal Activity

Tenants who are involved in illegal activity must be given five 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 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 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.

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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 $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:

  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. 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.

Clock   on iPropertyManagement.comThree days. The summons and complaint must be served on the tenant within three 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.

Clock   on iPropertyManagement.com10-14 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 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.

Clock   on iPropertyManagement.comA 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

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.

Clock   on iPropertyManagement.com10 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.

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

Additional Information

Tenant’s Personal Property Remaining on Premises. If the tenant is evicted from the rental unit and leaves behind personal property, the landlord shall give written notice describing all the property. The notice should also include the cost of storage, the location of where the property will be stored and the date of when the property must be claimed. The tenant must claim the personal property within seven days of the personal delivery of notice or if the notice is delivered by first-class mail, then within 14 days after the notice was mailed.

If the tenant fails to claim the property, and its value less than $2,000 the landlord may keep the property. If the personal property is over $2,000, the property shall be sold at a public sale and the funds must be used to cover the cost of storage or advertising. The remaining funds should be turned over to the State Treasurer where the tenant can claim the funds.

Flowchart of Nebraska Eviction Process

Nebraska Eviction Process Flowchart   on iPropertyManagement.com

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.

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