Grab a Nebraska eviction notice template and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of Nebraska eviction law.
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Types of Eviction Notices
In Nebraska, there is three Notice to Quit options that can be used for evictions, which are established by state statutes § 74-1440 to § 76-1447. The first form is the seven-day Notice to Quit, which is used exclusively for those that have not paid their rent on time. The second, which is the 14/30-Day notice, provide the tenant with 14 days to correct any non-compliance issues. The final type is for month-to-month renters, and this is used by either the landlord or the tenant to let the other party know that the tenancy is coming to an end. While 30 days is state-mandated, some leases may call for longer or shorter periods of notification. In these situations, the state will respect the letter of the lease. In addition, Nebraska statue §76-1431(4)(5) also has a five- notice that can be sent for illegal or violent activity. When this notice is sent, the tenant will need to vacate within a period of five days.
What Happens After a Notice is Posted
It’s important to understand that the seven-day and 14/30-day notices are curable, especially if the tenant pays their late rent or remedies the behavior in the prescribed time periods. If any of these notices aren’t responded to, then the landlord may file a forcible entry detainer and summons in the county court. Once filed, summons will be served by the sheriff. If the court rules in favor of the landlord, he or she may receive a Writ of Restitution, which will allow the sheriff to remove the tenant from the premises.
When is Rent Due
As with most states, the state of Nebraska considers rent to be late on the day after payment is due as was agreed upon in the original lease. After this period has expired, the landlord may furnish the seven-day notice, but if the tenant pays the due amount in this period, then the landlord may not file in court for eviction proceedings.
How Long Does the Eviction Process Take
In Nebraska, it takes a reasonably short period to evict a tenant that is falling short of the rules established in the lease. This is due to the fact that, once the initial seven or 14-day period has elapsed, the courts tend to move relatively quickly. A landlord may have to add on a few days to the process to arrange with the sheriff the forcible eviction of the tenant and to arrange for a Writ of Restitution. In total, a landlord can expect anywhere between 18 to 25 days. It can also take anywhere between $400 to $1,000 dollars for a full eviction. This takes into account the costs to file documents, hire constables and the price of the lawyer.