When a 3 day notice to quit or pay rent is delivered, what is the soonest date a petition for restitution can be filed?

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When a 3 day notice to quit or pay rent is delivered, what is the soonest date a petition for restitution can be filed?

Does every calendar day count in the state of NE or are weekends and holidays excluded from the 3 day count? Delivered on a Thursday.

Asked on February 28, 2011 under Real Estate Law, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have confused things here and combined two steps.  If you were properly served with the three day notice (three days not including the date of service) and you do not move, your landlord must then start an action for eviction, which is known as a "summary proceeding" because things move very quickly through the courts.  The court papers will have a date for trial and must be returned to the court within 5 days of issuance.  If the landlord wins at trial then the court can issue a Writ of Restitution which directs the Sheriff to get you our and give the place back to the landlord.  Seek help here.  Good luck.


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