The Nebraska eviction notice forms are used to being the eviction process in Nebraska (known as an ‘Action for Possession’ ). Before any filings can be made in the court, proper notice must be given. After notice is given and tenant does not respond, landlord may file a Complaint and Summons in County Court and have them served by the local sheriff’s office. If the tenant fails to respond, even after a Summons, the court may issue a Writ of Restitution directing the sheriff to remove the tenant.
Notices By State
3-Day Notice to Quit (Non-Payment of Rent) – When a lessee has failed to pay the rent on time as provided in the terms of the lease.
14/30 Day Notice to Quit (Non-Compliance) – For use when a tenant has failed to abide by the terms of the lease, other than the failure to pay rent. The tenant shall have fourteen (14) days to fix the stated violation. If it is not cured then the tenant will be forced to move-out of the property within thirty (30) days. Furthermore, if the violation is the same occurrence in the last six (6) months, the landlord has the option to cancel the lease with fourteen (14) days’ notice.
30-Day Notice to Quit (Month to Month) – For use by a party to let the other party know that the month to month tenancy will not be renewed at the end of a certain period. The minimum time-period as provided by Nebraska law is thirty (30) days.
When is Rent Due
Rent is due on the date specified in the lease. Landlord must give tenant three days notice of non-payment before beginning eviction proceedings.
How to Evict (Process)
Step 1 – If a tenant fails to abide by the tenant fails to abide by the terms of the lease, whether for non-payment of rent or some other provision, or if the parties want to end a month-to-month tenancy, landlord must provide requisite notice to tenant before taking any court action to evict:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 14/30 Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If tenant fails to respond within the time period allowed, landlord may file a forcible entry and detainer complaint and Summons in County Court. Once it is filed, landlord should have the local sheriff make sure to have the complaint and summons served on the tenant.
Step 3 – If landlord obtains a judgment in his or her favor, he may obtain a Writ of Restitution from the court to authorize the sheriff to move the tenant out of the premises.