A 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:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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:
- Hand delivery to the tenant
- 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.
Sources
- 1 NE Code § 76-1431(4)
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A landlord may, after five days’ written notice of termination of the rental agreement and without the right of the tenant to cure the default, file suit and have judgment against any tenant or occupant for recovery of possession of the premises if the tenant, occupant, member of the tenant’s household, guest, or other person who is under the tenant’s control or who is present upon the premises with the tenant’s consent, 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 of other tenants, the landlord, or the landlord’s employees or agents. Such activity shall include, but not be limited to, any of the following activities of the tenant, occupant, member of the tenant’s household, guest, or other person who is under the tenant’s control or who is present upon the premises with the tenant’s consent: (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 if the tenant knew or should have known of the possession, unless such controlled substance was obtained directly from or pursuant to a medical order issued by a practitioner legally authorized to prescribe while acting in the course of his or her professional practice; 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.
Source Link - 2 Neb. Rev. Stat. § 76-1413
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(1) A person has notice of a fact if (a) he has actual knowledge of it, (b) he has received a notice or notification of it, or (c) from all facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact if he has actual knowledge of it. (2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention, (b) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last-known place of residence. (3) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence. - 3 Neb. Ct. R. Pldg. § 6-1106(e)
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Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party and the notice or document is served under § 6-1105(b)(2)(B), three days shall be added to the prescribed period.
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