A Nebraska eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Nebraska, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Nebraska Eviction Notice Forms
|7 Day Notice to Quit||Unpaid Rent||Yes|
|30 Day Notice to Comply or Vacate||Lease Violation||Yes|
|5 Day Notice to Vacate||Illegal Activity||No|
|14 Day Notice to Vacate||Repeat Lease Violation||No|
|30 Day Notice to Vacate||No Lease||No|
Nebraska 7 Day Notice to Quit
A Nebraska 7 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due or move out of the rental unit within seven (7) calendar days.
Nebraska 30 Day Notice to Comply or Vacate
A Nebraska 30 day Notice to Comply or Vacate eviction form is used for a curable breach of the lease. Examples of lease violations include failing to maintain the premises in a clean and sanitary manner or interfering with the peace and enjoyment of other persons. The tenants have the chance to fix the violation within fourteen (14) calendar days, but if they fail to comply, they must vacate the premises within thirty (30) calendar days.
If the tenant repeats the same or a similar lease violation within a 6-month period, the landlord may terminate the tenancy by serving the tenant a 14 Day Notice to Vacate.
Nebraska 5 Day Notice to Vacate
A Nebraska 5 day Notice to Vacate eviction form is used for an incurable breach of the lease, such as committing illegal activity on the premises. Illegal activity includes possessing a firearm unlawfully, threatening or assaulting other persons as well as selling or possessing controlled substances. Tenants do not have the option to correct the violation and must move out of the rental unit within five (5) calendar days.
Nebraska 14 Day Notice to Vacate
A Nebraska 14 day Notice to Vacate eviction form is delivered to tenants for a repeat lease violation. The landlord may terminate the rental agreement if the tenant received a prior notice for noncompliance for the same or a similar lease violation within a six (6) month period. The tenant must vacate the rental unit within fourteen (14) calendar days without the chance to fix the issue.
Nebraska 30 Day Notice to Vacate
A Nebraska 30 day Notice to Vacate is used to terminate a rental agreement, including a month-to-month or year-to-year lease. This lease termination letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants that have an expired lease. The notice provides either party at least thirty (30) calendar days notice before the end of the following rental period or expiration of the lease.
How to Write an Eviction Notice in Nebraska
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Nebraska
An eviction notice takes effect the day after it is served. All days are counted during the notice period. If the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (a day when the courthouse is open).
How to Serve an Eviction Notice in Nebraska
A landlord can deliver notices in Nebraska using either of the below acceptable methods:
- Handing the notice to the tenant in person;
- Mailing the notice by certified mail with a return receipt.
When sending the notice by certified mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
- 1 Nebraska Revised Statute 25-2221 - Time
25-2221 – Time; How Computed:
Except as may be otherwise more specifically provided, the period of time within which an act is to be done in any action or proceeding shall be computed by excluding the day of the act, event, or default after which the designated period of time begins to run. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a day during which the offices of courts of record may be legally closed as provided in this section, in which event the period shall run until the end of the next day on which the office will be open.
All courts and their offices may be closed on Saturdays, Sundays, days on which a specifically designated court is closed by order of the Chief Justice of the Supreme Court, and these holidays: New Year’s Day, January 1; Birthday of Martin Luther King, Jr., the third Monday in January; President’s Day, the third Monday in February; Arbor Day, the last Friday in April; Memorial Day, the last Monday in May; Juneteenth National Independence Day, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples’ Day and Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; the day after Thanksgiving; Christmas Day, December 25; and all days declared by law or proclamation of the Governor to be holidays. Such days shall be designated as nonjudicial days. If any such holiday falls on Sunday, the following Monday shall be a holiday. If any such holiday falls on Saturday, the preceding Friday shall be a holiday. Court services shall be available on all other days. If the date designated by the state for observance of any legal holiday pursuant to this section, except Veterans Day, is different from the date of observance of such holiday pursuant to a federal holiday schedule, the federal holiday schedule shall be observed.Source Link
- 2 NE Code § 76-1413
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.Source Link
- 3 Nebraska Court Rules of Civil Procedure - Rule 6-1106
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.Source Link