If you are a landlord, an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Nebraska eviction notice with our step-by-step template designer.
Last Update October 27th, 2021
Eviction Notice Types
It’s necessary to provide the correct type of Nebraska eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under NE statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Nebraska when completing an eviction.
7-Day Notice to Quit (Non-Payment)
If the tenant fails to pay rent, you can serve them with a 7-Day eviction notice. This requires the tenant to either pay the rent owed or to quit the property within 7 days.
Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court.
30-Day Notice to Quit (Non-Compliance)
In situations where the tenant violates the terms of the lease, landlords can issue them with a 30-Day Notice to Quit for Non-Compliance. This gives the resident a chance to correct the violation within 14 days, or to leave the premises.
This can also be issued as an unconditional notice, giving the tenant no option to correct the break in the terms. However, this is usually only done when more serious breaches of the contract occur.
14-Day Notice to Quit (2nd Non-Compliance)
If another lease violation happens within 6 months of the first one, then a 14-Day Notice to Quit can be used to evict the tenant and cancel the lease.
30-Day Notice to Quit (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no rights to cure.
Nebraska Eviction Laws
An eviction notice in Nebraska is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with NE law.
In Nebraska you may evict someone for the following reasons:
|Nonpayment of rent||7 days' notice|
|Lease violations||30 days' notice|
|Lease violations (2nd non-compliance)||14 days' notice|
|Lease termination (month-to-month)||30 days' notice|
Nebraska Eviction Process
Evicting a tenant in NE follows a strict legal process. In doing so, you must make sure that you correctly:
Detail the reason the lease is being terminated.
Provide sufficient time for the tenant to respond.
Serve the notice in a legally appropriate manner.
In most cases, that is enough to make a tenant vacate on their own. However, as an eviction is a lawsuit procedure, it may be necessary to take additional steps if the resident refuses to leave.
To complete an eviction process in Nebraska you will need to:
Serve an eviction notice with the correct notice period and a legal reason to evict.
File for an eviction in a local court if the tenant doesn’t obey the notice.
Attend the court hearing in person to make your case to the judge.
Request a Writ of Restitution from the clerk of the court if the judge rules in your favor.
Deliver the Writ of Restitution to local law enforcement, so they may carry out a forced eviction.
FAQs About Nebraska Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Nebraska’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Nebraska?
To successfully evict a tenant in Nebraska state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Many Days Notice Does a Landlord Need to Give in Nebraska?
The notice period a landlord needs to give in Nebraska always depends on their reason to evict. When an NE eviction notice is served, it must provide the correct duration for the infraction, or it won’t be valid. This can be as few as 7 days for a missed rental payment and up to 30 days when terminating a lease.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the Nebraska eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.