Nebraska Eviction Process & Laws | Free NE Eviction Notices

The Nebraska eviction is a process the landlord must undergo if the tenant refuses to pay, comply, or vacate the premises after serving a notice to quit form. After the landlord waits the State specified time-frame and the tenant remains on the property, the landlord will be forced to file a forcible entry and detainer with the County Court Clerk's Office. Most forms are not available online and may be available at the clerk's office.

NonPayment Laws - 3 days Statute 76-1431(2)

NonCompliance Laws - 14 days to remedy and 30 days to vacate (if not remedied) Statute 76-1431

Month to Month Laws - 30 days Statute 76-1437

Forcible Entry and Detainer Laws 25-21,219 to 25-21,235

Types of Notice

Nebraska 14/30 Day Notice to Comply or Quit | NonCompliance

The Nebraska 14/30 day notice to quit, reference Statute 76-1431, is a letter that is sent by the landlord to the tenant when there has been a violation against the lease. The notice states that the tenant has thirty (30) days to vacate the premises while describing the noncompliance. If…

Nebraska 3 Day Notice to Pay or Quit | NonPayment of Rent

The Nebraska three (3) day notice, following Statute 76-1431(2), is required to be served to tenants who have failed to pay rent. The notice provides the tenant with three days to either pay the owed amount, or vacate the rental unit. If the tenant does not pay or move out within…

Nebraska 30 Day Notice to Vacate | Month to Month Termination

The Nebraska thirty (30) day notice to vacate, in reference to Section 76-1437, must be served to a month-to-month tenant to allow them the required thirty (30) days to vacate the rental unit. The 30 day month-to-month termination notice is required under Nebraska State law. The notice should be served personally,…

Process How to Evict a Tenant

The Nebraska eviction process takes three steps to complete. The typical length of time from start to finish is approximately 20 days. Nebraska State law requires that tenants receive sufficient notice prior to the landlord terminating the lease/rental agreement and filing an eviction action in court. Tenants who have not paid rent must receive three (3) days to pay or move out, before the agreement can be terminated. Month-to-month tenancies can be terminated for any reason (barring discrimination/retaliation), but the tenant must receive at least thirty (30) days to vacate. Tenants who have committed lease violations are required to receive at least 14 days to correct the violations before the rental agreement can be terminated.

Step 1 – The tenant must be served with the proper type of notice. The notice can be delivered personally, or sent through the mail (and a second copy posted on the door of the rental property). Some counties allow for the landlord to request that the Sheriff’s Office serve the notice to the tenant (however this is not required).

Step 2 – After the tenant has been served the notice, and has not moved out/paid rent/fixed the violation(s), the landlord can terminate the rental agreement and file an eviction suit (i.e. “forcible entry and detainer”) in court. A copy of the summons form can be found here (link opens in a new tab/window). After all of the proper forms have been filed, the tenant will be served with a summons/complaint. The summons informs the tenant of when the trial will be held.

Note: The filing fee is $45 in most counties of Nebraska. The fee for the Sheriff’s Office to serve the summons to the tenant is typically $25. When filing, make several copies (at least two) of each form.

Step 3 – If the landlord wins the suit, the tenant will be ordered to vacate the property within a certain amount of time (and may be required to pay for the landlord’s legal fees, in addition to any back rent). A “Writ of Restitution” might be issued if the tenant fails to move out by the date specified in court. The writ will allow the Sheriff’s Office to physically evict the tenant.