A Nebraska eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Nebraska landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Nebraska Eviction Notice Forms
| Notice Forms | Grounds | Curable? |
| 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 evicts a tenant for nonpayment of rent. In Nebraska, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within seven (7) calendar days.
Nebraska 30 Day Notice To Comply or Vacate
A Nebraska 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action within fourteen (14) calendar days or else move out within thirty (30) calendar days.
Nebraska 5 Day Notice To Vacate
A Nebraska 5 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. This might be something like Possessing a firearm unlawfully, threatening or assaulting other persons, or selling controlled substances. The tenant must move out within five (5) calendar days of receiving notice.
Nebraska 14 Day Notice To Vacate
A Nebraska 14 Day Notice To Vacate evicts a tenant for a repeat of a lease violation that has warranted a notice of noncompliance within the past six (6) months. Because it’s a repeat offense, the tenant is not given an opportunity to take corrective action and must move out within fourteen (14) calendar days of receiving notice.
Nebraska 30 Day Notice To Vacate
A Nebraska 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in Nebraska
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Nebraska
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Nebraska
Nebraska landlords may deliver a written eviction notice 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 Nebraska Revised Statute 25-2221 - Time
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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 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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