A reference of Nebraska Eviction Laws, and steps of the Nebraska eviction process for landlords and renters, updated 2021.
- What are the reasons for eviction under Nebraska Eviction laws?
- Nonpayment of rent (Neb. Rev. Stat. § 76-1431(2))
- Non-compliance with the lease agreement (Neb. Rev. Stat. § 76-1431(1))
- Violent behavior on the premises (Neb. Rev. Stat. § 76-1431(4))
- Illegal activity on the premises (Neb. Rev. Stat. § 76-1431(4))
- Threat to health or safety (Neb. Rev. Stat. § 76-1431(4))
- Tenant remains in possession of the dwelling unit after the occupancy period without the landlord’s permission (Neb. Rev. Stat. § 76-1437)
- What notice do Nebraska eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on the tenant’s non-compliance of the lease agreement, the landlord must provide a 14-day notice. The tenant has 14 days to become compliant with the lease, such as by correcting the violation or paying for damage they cased to the rental unit. If they do not cure the violation, the eviction notice will state when the lease will terminate, which must be at least 30 days from the date it is written. If the tenant initially cures the violation but commits a similar violation within six months the landlord can provide a 14-day notice of eviction. (Neb. Rev. Stat. § 76-1431(1)).
- If a tenant engages in violent criminal activity on the premises or any activity that threatens the health or safety of other tenants or sells a controlled substance on the premises, the landlord must provide a 5-day notice. The tenant will not have a right to cure the breach under these circumstances. (Neb. Rev. Stat. § 76-1431(4))
- A landlord can terminate a week-to-week tenancy by giving a 7-day notice. A landlord can terminate a month-to-month tenancy by giving a 30-day notice. If the tenant remains in possession of the rental unit after the tenancy period not in good faith, the landlord can take action against the tenant and seek payment of three months’ rent or three times the actual damages, whichever is greater, plus reasonable attorney’s fees. (Neb. Rev. Stat. § 76-1437).
- Do Nebraska eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
- No. Nebraska law prohibits self-help measures, including excluding a tenant from the rental unit or diminishing or interrupting essential services to the rental unit. If the tenant takes action against the landlord for violating this law, the tenant can recover three times the rent amount as liquidated damages, plus reasonable attorney’s fees. (Neb. Rev. Stat. § 76-1430).
Nebraska Eviction Process: Step-by-Step
The eviction process in Nebraska involves the five following steps:
- The landlord serves the eviction notice. The landlord must serve the eviction notice on the tenant that states the reason for the eviction and gives a time limit for which to comply, if applicable. The eviction notice must indicate the date when the tenant must vacate the property if they do not cure the problem within the applicable timeline.
- The landlord files an eviction lawsuit. If the tenant does not move out by the date indicated in the notice, the landlord can begin the official legal process by filing an eviction lawsuit with the court. The landlord must file a complaint that contains the following information:
- The legal right to eviction
- The facts of why the landlord is seeking an eviction
- An accurate description of the property
- A statement that they have complied with the notice requirements (Neb. Rev. Stat. § 76-1441).
Additionally, the landlord must have a summons issued that states the cause of the complaint, the time and place of trial, the date by which the tenant must answer, and notice that if the tenant fails to appear at the trial that judgment will be entered against them. The summons must be served within three days from the date it was issued and must be returned within five days from the date it was issued. The person serving the legal papers must file an affidavit stating how the tenant was served. (Neb. Rev. Stat. § 76-1442). If personal service is attempted but not successful, service can be effectuated by posting a copy of the summons and complaint on the front door of the dwelling unit and mailing a copy by first-class mail to the tenant’s last known address. The landlord must file an affidavit with the court stating that diligent efforts were made to serve the summons, why the service was unsuccessful, and that service was made by posting and mailing the summon and complaint.(Neb. Rev. Stat. § 76-1442.01).
- Parties attend the hearing. The landlord and tenant attend the hearing. The parties can present evidence to support their case. If the tenant does not appear, a default judgment is issued against them.
- The landlord requests a writ of restitution. If the court rules in the landlord’s favor, the landlord can request a writ of restitution, which gives law enforcement the legal right to remove the tenant.
- The landlord enforces the judgment. The landlord provides the writ of restitution to the sheriff, who uses it to physically remove the tenant.