Understanding the legal framework surrounding eviction notices in Nebraska is highly important.
Whether you are a landlord trying to regain possession of your property from a stubborn tenant, or you’re a tenant facing the threat of losing your home, you need to know your rights and responsibilities during eviction.
There are various laws and processes put in place to regulate the eviction process in the State of Nebraska. These processes are usually regulated by different state laws and regulations.
The essence of the eviction process in Nebraska is to facilitate fair treatment between both parties to the rental agreement. The eviction laws in Nebraska ensure that landlords act decisively and within the bounds of the law when dealing with tenants. It also ensures that the rights of tenants are not trampled on.
In this article, we covered the different types of eviction notices, as well as the associated legal processes in Nebraska.
Eviction Laws in the State of Nebraska
There are different laws that regulate the process of evicting a legal tenant by a landlord. However, the primary law that governs the eviction process in Nebraska is the Nebraska Uniform Residential Landlord-Tenant Act (2022). It is codified under Chapter 76, Article 14 of the Nebraska Revised Statutes (2022).
Specifically, the NURLTA (2022) provides laws governing the rental and eviction processes for residential units in Nebraska. It clearly states the rights and duties of landlords and tenants in maintaining and giving up possession of residential units.
Over the years, Nebraska eviction laws have experienced substantial amendments. These amendments saw the repealing of obsolete provisions and the enacting of new provisions that would foster equity and justice. For example, section 76-1439 of the NURLTA (2022) prohibits retaliatory conduct. Landlords cannot arbitrarily evict tenants.
Types of Rental Agreements in Nebraska
There are six (6) different types of rental agreements in Nebraska. These are;
- Standard Residential Lease Agreement: This is a standard contract between a landlord and tenant. It contains vital information on the parties and the rental property. It also includes key contract terms such as the rent fee and the duration of the lease.
- Month-to-Month Lease Agreement: This is a lease contract with no specific date of termination. The contract automatically renews itself at the end of each month so far as the terms are kept. It can be terminated by either party with adequate notice.
- Sublease Agreement: This is a rental agreement between an existing tenant (sublessor) and a third party (sublessee) with the consent of the landlord. It is typically done on an existing lease agreement between the landlord (head lessor) and the tenant (lessee/sublessor)
- Roommate Agreement: This is a residential contract between two or more individuals living together. In this arrangement, all the individuals are co-tenants to a residential unit. The agreement usually contains rules guiding the expenses and living arrangements of the co-tenants.
- Commercial Lease Agreement: This is a rental agreement that is used to secure commercial properties such as office space, warehouses, cafes, etc. It often has a different set of rules for maintenance.
- Rent-to-Own Agreement: This is a contract that allows tenants to obtain total ownership of the property sometime in the future. In this kind of arrangement, the tenant has an option to buy the rental property at an agreed price in the future.
Grounds for Eviction
Nebraska eviction laws do not allow landlords to arbitrarily terminate tenancy agreements without just cause. However, the law recognizes different reasons that may legitimize an eviction before the expiration of the tenancy agreement. These just causes are:
Failure to Pay Rent
Under the NURLTA, the nature of the rental agreement determines when rent is due. However, rent becomes due for payment at the beginning of a new month, and it is considered late a day past its due date.
However, landlords are not obligated to give a grace period, but where the rental agreement provides for it, the landlord must honor it.
According to section 76-1431 (2) of the NURLTA (2022), when rent is due and the tenant fails to pay, the landlord may issue a written notice of non-payment of rent, and indicate his/her intention to terminate the rental agreement. The tenant has a grace period of seven (7) days after the notice to pay the rent or risk losing tenancy.
Violation of Lease Terms
The terms of a lease agreement raise rights and obligations for both the landlord and the tenant.
Where a tenant violates one or more terms in a lease agreement, the landlord can issue an eviction notice according to Nebraska eviction laws.
According to section 76-1431 (1) of the NURLTA (2022), violations such as damage to rental property, acts or omissions affecting health and safety, or any other substantial non-compliance with the terms in the lease agreement, are sufficient grounds for eviction.
Other examples of some lease violations are;
- Keeping or breeding pets on a non-pet property
- Subletting the lease property without the landlord’s consent.
- Exceeding the maximum number of occupants in the rental unit.
- Poor and unhealthy maintenance of the leased property.
The same provision also gives room for repairs of damages and remedying of breaches to the terms of the lease agreement. Where remedies are made by the tenant, the tenancy will not be terminated. However, where the breach is not remediable, the tenancy will be terminated.
In case of eviction, the landlord may issue an eviction notice of 30 days. To avoid getting kicked out, the tenant may try to remedy the breach within 14 days after receiving the eviction notice.
Illegal or Criminal Activity
The eviction laws in Nebraska also allow landlords to evict tenants for committing a crime or even harboring anyone engaged in criminal activity on the leased property.
Examples of these illegal activities include:
- Illegal sale of any controlled substance on the premises
- Physical assault or threat of physical assault
- Illegal use of a firearm or other weapon
- Illegal possession of a controlled substance
- Any other activity which would threaten the health or safety of any person or the property.
In this case, the landlord may issue a 5-day written notice without remedy, after which he may sue to recover the premises.
Health or Safety Violations
The NURTLA is strict on the health and safety of properties and their occupants. Consequently, tenants must ensure that the rental property is maintained such that it does not pose a threat to the health and safety of others.
Where a tenant poorly maintains a property such that it poses a health and safety risk, the landlord may issue a 30-day eviction notice.
The gravity of the health and safety violation determines if the eviction notice would be with or without remedy.
End of Lease or No Lease
Where a tenant has no lease agreement with the landlord or continues to possess the rental unit after the end of the lease term, the landlord may issue an eviction notice under Nebraska laws.
For a tenant with an expired lease (“holdover tenant”), the eviction notice typically extends for a period equal to the duration of the lease. For instance, a month-to-month lease would require at least a 30-day eviction notice. A weekly tenancy would require a 7-day eviction notice.
Nebraska eviction laws for tenants with no lease (“tenant at will”) provide that the landlord can issue a 7-day eviction notice to drive out such a tenant.
Eviction for Repeat Lease Violation
Where the tenant remedies the violation of a lease term, after being served an eviction notice in Nebraska, the tenancy will not be terminated.
However, should the tenant commit the same violation again, within six (6) months of receiving the eviction notice, it can lead to total eviction.
In this case, the landlord will issue a 14-day notice stating the breach and the date of termination of the tenancy.
Types of Eviction Notices in Nebraska
In Nebraska, eviction notices are legal documents issued by a landlord to a tenant. It is the first step in evicting a tenant.
There are different types of eviction notices in Nebraska, and each one fits a specific type of rental agreement. They are used where a tenant fails to pay rent, violates a lease term, or holds over the tenancy agreement.
Knowing the different types of eviction notices in Nebraska is essential for landlords and tenants. It would help them enlighten them on their rights, obligations, and the appropriate legal procedure for terminating a tenancy agreement.
Eviction Notices with Cause
In Nebraska, landlords can only serve eviction notices when there’s a cause for it. This would help determine the kind of eviction notice that must be issued.
Below are the types of eviction notices in Nebraska:
- 7-Day Notice to Quit
A 7-day eviction notice in Nebraska is typically issued when a tenant fails to pay rent on time. Tenancy renewal is typically at the beginning of a new month. Once rent is due, the tenant is given 7 days to pay the overdue rent or vacate the premises.
- 14/30 Day Notice to Quit
This type of notice is issued when a tenant either damages the property or violates a term of the lease. It is not used for failure to pay rent. This type of notice gives the tenant a 14-day grace period to remedy the property damage, cure the term violation, or move out within 30 days.
- 30-Day Notice to Quit
The 30-day Notice to Vacate in Nebraska is used to terminate a month-to-month tenancy where neither parties wish to renew. The landlord must issue an eviction notice of at least 30 days, after which he can file an eviction lawsuit if the tenant fails to vacate the rental unit.
- 5-Day Notice to Quit
This is an eviction notice without cure or remedy. It is used where a tenant has been engaged in or harbors someone engaged in illegal activity on the property. Similarly, this eviction notice also applies where significant damage has been done to the property.
After the five days elapse, and the tenant still remains in the rental, the landlord may sue for repossession of the property.
- 14-Day Notice to Quit
This is a special notice that is issued to an unrepentant tenant. This applies where a tenant who has previously been issued an eviction notice for a lease violation, commits the same or similar violation within six (6) months. The landlord will issue this 14-day Notice to Quit with no option to remedy/cure the repeat violation.
Eviction Notices without Cause
The eviction laws in Nebraska generally provide that a landlord must have a just cause to evict a legal tenant. Where there is no just cause, such as; failure to pay rent, violation of lease terms, engagement in illegal activity, etc., a landlord cannot legally evict a tenant.
However, there are occasions where a landlord in Nebraska can issue an eviction notice without cause. This is typically done at the end of the tenancy.
If a landlord doesn’t wish to renew a tenancy agreement, he may wait till the end of the term and terminate the agreement. He does not need to have a cause since the tenancy term has ended. In this case, both parties to the rental agreement reserve the right to terminate or renew a tenancy on its expiration date.
Eviction notices without causes typically inform the tenant that the landlord has no intention to renew.
However, to terminate a week-to-week tenant, the landlord must serve such tenant a 7-day eviction notice. But for month-to-month tenants, a 30-day eviction notice is sufficient.
In the case of fixed-term tenancy, the landlord is not obligated to give notice to the tenant, except where provided in the lease agreement. Ordinarily, the landlord would expect such a tenant to vacate the rental unit once the term has expired.
If the tenant fails to leave the rental unit, the landlord can file a suit for repossession to remove the tenant.
Eviction Process in Nebraska
Issuance of Eviction Notice
The first step to start an eviction process in Nebraska is to serve the tenant with an eviction notice. The eviction notice must clearly state the reason for the eviction and other necessary information such as notice timeline, etc.
Eviction notices in Nebraska can be delivered to tenants through the following means:
- The notice must be delivered directly/in person to the tenant.
- The notice may be delivered via a registered postal service provider to the tenant’s last known address.
- Delivery by email; this can only be used when initially agreed on by the landlord and tenants.
Landlord should always obtain and keep the receipt/proof of service. They are important documents in court processes.
Filing an Eviction Lawsuit
Where a tenant is still in default at the expiration of the notice period, the landlord can file a complaint for restitution.
The eviction laws in Nebraska do not permit a landlord to take matters into his own hands. Hence, a landlord can only proceed to court to file a complaint against the tenant.
Landlords are to file their complaint at the district or county court with jurisdiction over the area in which the property is located.
According to section 76-1441 of the NURLTA (2022), when filing the complaint, it must contain four things:
- The specific law or statutory authority under which possession is sought;
- The facts detailing the reason for seeking possession;
- A reasonably accurate description of the property;
- Proof of compliance with the requirements of issuing eviction notices.
The landlord must pay the prescribed fees for filing a complaint for restitution, and also fill the prescribed forms. Note that the prescribed filing fees differ from one court to another.
Serving the Tenant
After filing a complaint for restitution, the court would serve a summon, supported with a copy of the complaint attached, to the tenant.
The summons mandates the tenant to appear in court to reply to the complaint or risk judgment being entered against him/her.
The summon is usually served on the tenant by the court’s sheriff, or any person appointed by the court to serve processes.
Summons are typically served within three (3) days, excluding non-judicial days like Saturday, Sunday, and a public holiday.
Summons and other court processes are served through any of the following methods:
- Personal service: The summons is delivered directly/in person to the tenant or left within close proximity to him should he/she refuse.
- Substituted service: The summons is delivered to an adult member of the tenant’s family living with the tenant.
- Agent service: The summons is left with an authorized agent who legally acts on behalf of the tenant e.g. a parent or guardian if the tenant is a minor.
- Courier service: A commercial courier/delivery service company may be used to deliver the summons to the tenant.
- Mail service: Court processes may also be served by first-class mail to the defendant’s last known address. However, the receipt must be acknowledged within 20 days, otherwise a different service method should be used.
Whoever serves the summons must file an affidavit to the court, stating the method used in serving the tenant, as proof of service. Where a summons is not properly served, it may have to be redone properly.
The tenant reserves the right to appear and answer the complaint against him on or before the day fixed for hearing. However, if the tenant fails to appear, the court would carry out the hearing as though he/she were present.
Court Hearing and Judgment
When the tenant files an answer to the summons, the court will set a date for trial not less than ten (10) days and not more than fourteen (14) days after the issuance of the summons.
Where the summons is served in the prescribed manner (with or without the tenant’s reply), the trial shall proceed.
During the trial, both parties will need to prove their cases with substantial evidence. The landlord may prove his case by providing copies of the lease agreement, proof of lease violation, and proof of service of eviction notice.
The tenant may prove his/her case by showing that he/she has remedied the violation, paid the overdue rent, or may rely on any of the defenses below.
Where this is done, judgment may be given in the landlord or tenant’s favor. Where the tenant wins, he may be permitted to remain on the premises till the expiration of his lease term.
Tenant Defenses
A tenant can raise legal and equitable defenses against a complaint for restitution. The defenses are to be raised on time and included in the answer that he/she would file to the court. If these defenses are proven successful, the tenant may secure judgment in his/her favor and remain on the premises till the expiration of his/her lease. These defenses include:
Self-help Eviction: The eviction laws in Nebraska strictly prohibit landlords from taking matters into their own hands. As such, self-help eviction acts such as restricting access to the premises, shutting off utilities, or forceful removal of the tenant are prohibited. If the landlord acts in any of the manner listed, the tenant may raise and prove it as a defense.
Improper Notice: Nebraska eviction laws strictly require that eviction notices follow the prescribed time frame with substantial information. Where a landlord serves the wrong notice or fails to state the reason for eviction in the notice, the tenant may raise the error as a defense. When such a defense is raised successfully, the landlord may have to start afresh by issuing an appropriate eviction notice under Nebraska laws.
Landlord Failed to Maintain the Property: According to NURTLA, landlords are to properly maintain the rental property. Where a landlord poorly maintains the property, and the tenant takes major responsibility for maintenance, he/she may raise it as a defense against none or part payment of rent.
Tenant Paid Rent in Full or Partially: Where a tenant pays the rent in full before the end of the notice period, the landlord cannot drive him out of the rental for that reason. Where the landlord also accepts part payment, he loses the right to file an eviction suit for the late rent.
Discrimination: It is illegal for a landlord to evict a tenant based on the tenant’s race, sex, religion, marital status, nationality, etc. Where a tenant proves that there’s a discriminatory reason behind the eviction, it could impede the eviction process.
Retaliation: Nebraska eviction laws prohibit retaliatory eviction. Retaliatory evictions are usually done against a tenant for carrying his legal rights. In this case, the landlord might not agree with such an act. Examples of these legal acts include; joining a tenants’ association, complaining about utility failure, and reporting housing violations. If the landlord evicts a tenant based on this reason, the eviction lawsuit can be canceled.
Issuing a Writ of Restitution
Where judgment is given in favor of the landlord, the court will issue a Writ of Restitution to the landlord or his attorney.
The writ of Restitution is given to the Sheriff to restore possession of the rental unit to the landlord. This also serves as a last notice to the tenant to leave the rental premises.
The issuance of the writ may also be expedited if the landlord can prove that the tenant has engaged in illegal activity.
Executing the Eviction
After obtaining the writ of restitution, the landlord and the court’s sheriff will execute it not more than ten (10) days after it is issued.
The landlord in executing the eviction shall comply with the Disposition of Personal Property Landlord and Tenant Act and section 76-1414 (5) of NURTLA (2022).
The tenant reserves the right to the dignity of persons because his property cannot be removed carelessly.
The landlord may issue a 20-day notice to the tenant or an authorized person to remove or claim the tenant’s property. The authorized person, having been notified, has 20 more days to remove the tenant’s property after confirming his/her identity with a valid government-issued means of identification.
Where the tenant’s property is not removed after 20 days, the landlord may dispose of it as prescribed in the Disposition of Personal Property Landlord and Tenant Act.
Eviction Notice by States
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FAQs
The timeframe for eviction processes in Nebraska varies depending on the circumstances of the case. However, it usually takes 30 to 60 days altogether.
Evicting a tenant in Nebraska costs between $600 to $1000 for District Court and $500 to $1000. This estimate covers filing fees, service of summons, issuance of writ of restitution, and others.
A 7 day eviction notice in Nebraska is issued when a tenant defaults in paying rent when due. It gives the tenant not more than 7 days to pay the overdue rent or vacate the premises.
The 30 day Notice To Vacate In Nebraska is issued strictly to terminate the tenancy agreement for month-to-month tenants. Where issued, these monthly tenants have only 30 days to vacate the premises or risk being sued in court.
The shortest eviction notice in Nebraska is the 5-day Eviction Notice To Quit. This is an eviction notice without an opportunity to cure, and it is usually issued when a tenant has been engaged in an illegal activity or damaged the rental unit.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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