I’m a Nebraska landlord with a difficult tenant. I’ve given the tenant the proper Nebraska termination notice, but he still won’t leave. What next? What is the Nebraska eviction process?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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If you have given your tenant notice that the lease is terminating but the tenant still won’t leave, you should go to your local Nebraska county court and file for eviction. For more on filing your eviction action, see the “Getting Help” section of our Nebraska Evictions article. The court will issue a copy of your complaint and a summons to your tenant. You may have to serve these papers yourself. If you do, be sure to serve them personally to your tenant or you may not be able to collect back rent from him or her.

The summons will include a date for your tenant to answer the complaint, and a date for you and your tenant to argue your sides in front of a county court judge. The judge will rule for one of you. If you win, the tenant will have to move out. You should also ask the court to issue a “writ of restitution,” which will direct the sheriff to remove the tenant from your property not more than ten days from the hearing date. Do not attempt to physically remove your tenant yourself, as this may make you liable for damages to the tenant.

Handling an eviction action can be a difficult and stressful process. Finding an experienced Nebraska evictions lawyer is always a good option.

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