Nebraska Eviction Process

Nebraska Eviction Process

Last Updated: August 30, 2022 by Elizabeth Souza

Steps of the eviction process in Nebraska:

  1. Landlord serves tenant written notice.
  2. Landlord files complaint with court (if unresolved).
  3. Court holds hearing and issues judgment.
  4. Writ of restitution is posted.
  5. 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.

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

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.

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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.

Eviction notice posted on iPropertyManagement.com

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.

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

Eviction Complaint Filed on iPropertyManagement.com

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:

  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.com3 days. The summons and complaint must be served on the tenant within three days of the date the summons was issued by the court.

Eviction Court Hearing on iPropertyManagement.com

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.

Eviction Writ of Restitution on iPropertyManagement.com

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.

Eviction property possession returned on iPropertyManagement.com

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

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

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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