Nebraska Eviction Notice Forms

If the tenant does not pay, fix the violation, or move out within the notice period, the landlord can file suit. In practice, this forcible entry and detainer case is filed in the county where the rental sits. In practice, the tenant is served with a summons and a judge hears the case before any removal. See our full eviction notice guide for the general process nationwide.

What Are Nebraska's Eviction Notice Laws?

Nebraska eviction notice laws set a different notice period for each reason a landlord ends a tenancy. A tenant gets seven calendar days for unpaid rent, fourteen days to cure a lease violation, and five days with no right to cure for nuisance or illegal activity. A no cause notice on a month to month lease takes thirty days.

Nebraska Revised Statutes Section 76-1431 sets these notice periods and cure windows.^[1]

The statute sets a separate rule for each reason a landlord may want to end the tenancy.^[1]

• Nonpayment of rent. The landlord must give at least seven calendar days written notice of the nonpayment and the intent to end the tenancy before terminating it.^[1]
• Lease violation. The landlord's written notice must specify the breach. If the breach is not remedied within fourteen days, the tenancy ends on a date not less than thirty days after receipt of the notice.^[1]
• Repeat violation. If substantially the same violation happens again within six months, the landlord can end the tenancy with at least fourteen days written notice, with no second chance to cure.^[1]
• Nuisance, waste, or illegal activity. After five days' written notice of termination of the rental agreement, and without the right of the tenant to cure the default, a landlord can end the tenancy for certain serious misconduct. This applies when the tenant, a household member, or a guest engages in violent criminal activity, illegal drug sales, or conduct that threatens the health or safety of others on the property.^[1]

Nebraska Eviction Notice Laws Details

Eviction Notice Types Used in Nebraska

The type of notice a Nebraska landlord serves depends on why the tenancy is ending. Nebraska law sets a seven day notice for unpaid rent, a notice that gives fourteen days to cure a lease violation and ends the agreement no sooner than thirty days after the tenant receives it, and a five day notice with no cure right for violent, drug related and similar conduct.^[1] A month to month tenancy without cause ends with a thirty day notice instead.

• 7-Day Notice for Nonpayment of Rent. When rent is unpaid, the landlord gives the tenant seven calendar days written notice of the nonpayment and the intent to end the tenancy if it is not paid within that time.^[1]
• 14-Day Notice to Cure or Quit. For a lease violation, the tenant gets fourteen days to fix the problem. If the violation is not fixed, the tenancy ends on a date at least thirty days after the tenant received the notice.^[1]
• 5-Day Notice for Nuisance or Illegal Activity. For violent criminal activity, illegal drug sales, or conduct that threatens the health or safety of others, the landlord can end the tenancy with five days written notice and no chance to cure.^[1]
• 30-Day Notice for a Month to Month Tenancy. Either the landlord or the tenant can end a month to month tenancy with written notice at least thirty days before the next rent due date.^[2]

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Does a Landlord Have to Go to Court to Evict a Tenant in Nebraska?

Nebraska law gives the landlord the court route: after the notice period passes without payment, a cure, or a move-out, the landlord may file suit and obtain a judgment for possession.^[1] In practice, landlords do not change the locks, shut off utilities, or remove the tenant's belongings themselves, and a judge decides the case before any removal takes place.

If the tenant does not pay, cure the violation, or move out in time, the landlord can file suit in county court and ask for judgment against the tenant or any occupant for recovery of possession of the premises.^[1] The steps below are the same regardless of the reason for the notice.

1. Serve the notice. The landlord delivers the notice that matches the reason for eviction, in person or by mail, and waits out the notice period before filing suit.
2. File the eviction lawsuit. If the tenant does not pay, cure the violation, or move out in time, the landlord files suit for possession.^[1] In practice this is called a forcible entry and detainer case.
3. Attend the court hearing. In practice, the court sets a hearing date. Both sides present their evidence, and the tenant may raise defenses such as retaliation or discrimination.
4. Writ of restitution. In practice, a ruling for the landlord is followed by a writ of restitution, which lets the sheriff remove a tenant who does not leave voluntarily.

Other Nebraska Forms
Use our document builder to customize any template on FormsPal to your preferences. Here is a number of some other widely-used Nebraska forms we provide.

Nebraska Living Will Nebraska Last Will Nebraska Bill of Sale Nebraska Power of Attorney Nebraska Non-compete Agreement Nebraska Prenuptial Agreement Nebraska LLC Operating Agreement

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Neb. Rev. Stat..

1. Neb. Rev. Stat. § 76-1431.
2. Neb. Rev. Stat. § 76-1437.

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