Nebraska Eviction Process: Notice Periods, Timeline, and Costs

Neb. Rev. Stat. § 76-1431(2) requires written notice of nonpayment stating the landlord's intention to terminate; the tenancy may be terminated only if the tenant fails to pay within seven calendar days after the notice. The seven days are calendar days, not business days, counted from the tenant's receipt of the notice. The notice must state the amount owed and that the rental agreement will terminate if the tenant does not pay within seven days. Deliver it under § 76-1414 by handing it to the tenant or mailing it to the tenant's residence or place of business.

For material noncompliance with the lease, § 76-1431(1) requires a written notice specifying the breach and stating that the agreement terminates on a date not less than thirty days after receipt if the breach is not remedied within fourteen days. If substantially the same act recurs within six months of a prior notice, the landlord may terminate on fourteen days' written notice with no right to cure. Violent criminal activity, illegal drug activity, or conduct threatening health and safety on the premises supports a five-day termination notice with no right to cure under § 76-1431(4).

Under § 76-1437, either party may end a month-to-month tenancy with at least thirty days' written notice before the periodic rental date stated in the notice, and a week-to-week tenancy with at least seven days' notice. Nebraska has no statewide just-cause requirement, so a landlord does not have to give a reason. Retaliation and discrimination remain defenses the tenant can raise.

A complaint for restitution of the premises is filed with the clerk of the county court (or district court) for the county where the property sits, under § 76-1441. Filing runs roughly $45 to $50 in most counties, with sheriff or constable service adding to the total; confirm the current amount with the clerk before filing.

Nebraska does not set a separate written-answer deadline: under § 76-1446 the trial on possession is held not less than ten nor more than fourteen days after the summons issues, and the tenant states any defenses at that hearing. The summons is returnable within five judicial days of issuance and must be served within three judicial days.

Uncontested, expect about four to seven weeks: seven days of notice, then a trial ten to fourteen days after the summons issues, then a writ of restitution executed on a date not more than ten days after it is issued. Contested cases, service problems, or a continuance under § 76-1443 add weeks.

A landlord may not lock the tenant out, shut off electricity, gas, water, or other essential services, or remove the tenant's belongings to force a move-out. Only a constable or sheriff executing a writ of restitution can remove a tenant. Under § 76-1430 a tenant who is unlawfully excluded or whose services are willfully interrupted may recover possession or terminate the lease and, either way, collect three months' periodic rent as liquidated damages plus reasonable attorney's fees.

A large number of form sites and eviction guides still publish a three-day pay-or-quit notice for Nebraska; the current text of § 76-1431(2) says seven calendar days, and serving three days will get your case dismissed. The other common mistake is collapsing the lease-violation notice into one period: the tenant gets fourteen days to cure but termination cannot be earlier than thirty days after receipt. Possession trials are decided by the judge rather than a jury. After a lockout, the tenant's remaining property is handled under the Disposition of Personal Property Landlord and Tenant Act, not thrown out.

• Neb. Rev. Stat. § 76-1431
• Neb. Rev. Stat. § 76-1437
• Neb. Rev. Stat. § 76-1446