Outline of the Eviction Process in Nebraska

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Law: Neb. Rev. Stat. § 76-1401 to § 76-1449 (Uniform Residential Landlord and Tenant Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 7-day notice to pay or vacate.
  • Lease violation: 14-day notice to cure or vacate (if curable); 30-day for non-curable or repeat violations.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity: 5-day notice to vacate (no cure).
  • Holdover: 7-day notice to vacate.
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 7 days) or fixing violation (within 14 days).

3. Filing the Eviction Case

• File Complaint for Restitution in County Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$45–$75 (varies by county).
• Timing: After notice period expires (e.g., 8th day for 7-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 3 days before hearing.
• Methods: Personal delivery, left with resident (age 19+), or posted and mailed.
• Tenant must appear at hearing; written Answer optional.

5. Court Hearing

• Held 10–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Restitution if landlord wins.
• Appeal: 7 days to District Court (requires bond).
• Writ issued: ~7–10 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Neb. Rev. Stat. § 76-1446.

8. Tenant Protections

• Rights:
  • Cure violations (7 days for rent, 14 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties up to 3 months’ rent).
• Resources:
  • Legal Aid of Nebraska (800-742-7535), legalaidofnebraska.org, nebraska.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Neb. Rev. Stat. § 76-1401 to § 76-1449; nebraska.gov/courts; legalaidofnebraska.org.