Nebraska 5 Day Notice To Vacate

Last Updated: March 19, 2024 by Roberto Valenzuela

Nebraska 5 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for illegal activity on the premises, such as possessing or selling controlled substances. The tenant is not given a chance to take corrective action, and must move out within five (5) calendar days of receiving notice.

When To Use a Nebraska 5 Day Notice To Vacate

A 5 Day Notice To Vacate begins the eviction process for the following tenant violations:

  • Illegal sale or possession of controlled substances
  • Unlawful possession of a firearm or other weapon
  • Violent or criminal acts on the premises
  • Threatened or committed physical assault
  • Other activities prohibited by law

Some types of Nebraska lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Nebraska 5 Day Notice To Vacate 

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Fill in the full address of the rental premises
  4. Provide updated/current address and phone number information
  5. Print name and sign the notice
  6. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a Nebraska 5 Day Notice To Vacate

Nebraska landlords may deliver a Notice To Vacate by any method which results in actual notification of the tenant. In Nebraska, the following methods of notice have a presumption of legal validity:

  1. Hand delivery to the tenant
  2. 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.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.