Nebraska Eviction Laws
Landlords that want to evict a tenant for nonpayment of rent, staying beyond the rental term or for violating the lease term must begin the eviction process with a written notice to the tenant. The eviction notice must state if it is a 3-day or 30-day notice, the reason for the eviction and that the tenant may stop the eviction process by remedying or curing the violation within the notice period.
At no point may a landlord forcibly evict a tenant. If they do forcibly evict a tenant they can be liable to pay the tenant damages.
3-Day Eviction Notice to Quit
A 3-day notice to quit is given whenever the tenant fails to pay rent when due or after a grace period that is specified in the lease. If the tenant pays the rent within the 3 day period, the landlord cannot proceed any further with the eviction. If the tenant pays the landlord after the 3-day period the landlord can choose not to accept the payment and proceed with the eviction in court.
30-Day Eviction Notice to Quit
For all other lease violations such as damage to the property, refusing entry to the landlord upon reasonable notice, or having unauthorized persons living in the unit, the landlord must serve a 30-day notice. The notice must state that the tenant has 14-days to remedy the violation or move out within 30-days.
A 30-day written notice may also be given in any month-to-month lease by either the tenant or landlord for any reason provided it is given at least 30-days before the periodic rental date specified in the notice.
Service of Tenant Eviction Notice
The eviction notice notice may be served by the Sheriff personally to the tenant, by leaving it with a subtenant of suitable age or by posting the notice on the unit’s door or in a conspicuous place.
Petition of Restitution
If the tenant fails to comply within the notice period, the landlord must take the next step in the Nebraska eviction process by filing and serving a Petition for Restitution with the county or district court clerk. The petition must state the following:
- The facts upon which the action is based
- A description of the premises
- The notice complied with the Uniform Residential Landlord and Tenant Act.
Summons and Complaint
Along with the Petition for Restitution, the landlord must file and serve a Summons and Complaint within 3 business days of its issuance and return the Summons within 5 business days of its issuance. The landlord may use the Sheriff’s Civil Division to serve the documents. If the document can’t be served personally a copy may be posted at the tenant’s last known address as well as mailed there.
For more information about Nebraska state law please go to:http://www.nrec.ne.gov/legal/landlordacttoc.html
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