Updated July 18, 2023
A Nebraska eviction notice is a note written and sent by a landlord when a tenant has violated their lease agreement. The notice marks an official date where the tenant has been notified of an issue and has a specified number of days to respond and cure the issue before an eviction case is filed in the local county court.
By Type (3)
7-Day Notice to Quit (Non-Payment of Rent) – When a lessee has failed to pay the rent on time as provided in the terms of the lease. The tenant will have 7 days to pay all back-rent and late charges.
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14/30 Day Notice to Quit (Non-Compliance) – Used when a tenant has failed to abide by the terms of the lease, other than the failure to pay rent. The tenant will have 14 days to fix the violation. If it is not cured, the tenant will be forced to move out of the property within 30 days.
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30-Day Notice to Quit (Month-to-Month Tenancy) – For use by a party to let the other party know that the month-to-month tenancy will not be renewed at the end of a certain period. The minimum time period as provided by Nebraska law is 30 days.
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Table of Contents |
Eviction Laws
- Rent Grace-Period: 7 days. § 76-1431(2)
- Non-Payment of Rent: 7 days. § 76-1431(2)
- Non-Compliance: 30 days. § 76-1431(1)
- Illegal Activity: 5 days. § 76-1431(4)
- Substantial Damage to Property: 5 days. § 76-1431(4)
- Termination (Month-to-Month Lease): 30 days. § 76-1437(2)
- Filing an Eviction: Uniform Landlord and Tenant Act
Court Forms
Complaint and Summons for Restitution of Premises – To file a forcible entry and detainer case against a tenant who has failed to comply with a notice to quit, the landlord must file a complaint and summons with the court. These forms are available at the court, usually for a nominal fee. Once a court date has been fixed, the summons form must be served on the tenant. It is generally advised that the landlord have the sheriff serve the documents.
Writ of Restitution – Authorizes the sheriff to move the tenant out of the premises if they remain non-compliant following a judgment against them.
When is Rent Due?
Rent is due on the date specified in the lease. The landlord must give the tenant seven (7) days’ notice of non-payment before beginning eviction proceedings.
How to Evict (Process)
Step 1 – If a tenant fails to abide by the terms of the lease, whether for non-payment of rent or some other provision or if the parties want to end a month-to-month tenancy, the landlord must provide requisite notice to the tenant before taking any court action to evict:
- 7-Day Notice to Quit (Non-Payment of Rent)
- 14/30 Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If the tenant fails to respond within the time period allowed, the landlord may file a forcible entry and detainer Complaint and Summons in County Court. Once it is filed, the landlord should have the local sheriff make sure to have the complaint and summons served on the tenant.
Step 3 – If the landlord obtains a judgment in his or her favor, he may obtain a Writ of Restitution from the court to authorize the sheriff to move the tenant out of the premises.