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UPDATED: Feb 13, 2020
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The most common reasons for eviction in Nebraska are failure to pay rent and breach of the rental agreement. Any landlord in Nebraska can evict a tenant as long as Nebraska law is followed. Evictions are not complicated, but if a landlord does not follow the eviction process, the suit may be dismissed.
Available Nebraska Termination Notices
A Nebraska landlord who wants to evict a tenant must first give notice that the lease is terminating. The type of notice a landlord must give depends on the type of tenancy at issue. If the lease is month-to-month, the landlord can terminate without reason by giving 30-days notice.
If a landlord wishes to end a term lease (1 year, 2 year) tenancy earlier, he or she may do so by serving the tenant with an appropriate notice. Nebraska allows for the following types of written termination notices:
3-day notice: : This notice is given for failure to pay rent and breach of the lease. The tenant has 3 days to pay the rent or fix the breach or the landlord can file for eviction.
Evictions in Nebraska are handled by the County Courts. Find your county’s court at the Nebraska judicial branch website. Your county’s website may have forms available for you to fill out; otherwise, you may go to the court directly and they can provide them for you. Filing a form in court is required for initiating an eviction action. Making mistakes on these forms is common. If you are unsure about filling out the court forms on your own, or about anything else involved in the eviction process, consulting an experienced Nebraska landlord tenant lawyer is a good option. When speaking with a lawyer, be sure to refer to Questions to Ask Your Nebraska Evictions Lawyer below.
Self-Help Evictions in Nebraska
Self-help eviction is illegal in Nebraska. If a landlord unlawfully ousts a tenant from the property by shutting off utilities or locking out the tenant, the tenant may be entitled under Nebraska Stat.’ 76-1430 to:
- 3 months rent; and
- Attorney’s fees.
Questions to Ask Your Nebraska Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?