How to Evict a Family Member in Nebraska

Concluding Updated: Oct 28, 2021 by Elizabeth Souza

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Steps of the eviction process in Nebraska:

1. Notice is posted to correct the issue/vacate.
2. If uncured and tenant remains, the complaint is filed and served.
3. Hearing is held and judgment issued.
4. If granted, writ of restitution is posted.
5. Possession of property is returned to landlord.

Timeline. Evicting a tenant in Nebraska can take around 1 to two months, depending on the reason for the eviction. If tenants file an appeal, the process can take longer (read more than).

Questions? To chat with a Nebraska eviction attorney, Click hither

Introduction. Landlords and tenants in Nebraska must follow the Uniform Residential Landlord and Tenant Human activity (URLTA). Beneath are the individual steps of the eviction process in Nebraska.

Step 1: Notice is Posted

Landlords in Nebraska can begin the eviction process for several reasons, including:

1. Nonpayment of Rent – One time rent is past due, discover must exist served giving the tenant the option to pay rent in gild to avoid eviction.
2. Violation of Lease Terms / Rental Understanding – If a tenant violates a provision of a written lease/rental agreement, the landlord is required to give the tenant the opportunity to correct the upshot before moving forrad with the eviction process.
3. No Charter / End of Charter Term (Tenant at Volition) – If at that place is no lease or the term of the charter has ended, the landlord does not need whatever boosted reason to cease the tenancy every bit long as proper observe is given.
4. Illegal Activeness If a tenant is engaged in illegal activity, they must receive written notice prior to an eviction hearing.

• Retaliatory Evictions. It is illegal for a landlord to evict a tenant for lament to the landlord or to the appropriate local or government bureau regarding the property. Information technology is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or matrimony.
• Evicting a Squatter. If the private occupying the belongings did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying hire, then a landlord/tenant relationship may not exist established. As a result, the normal eviction process may not be applicative (read more).

Each possible footing for eviction has its own rules for how the procedure starts.

Eviction Process for Nonpayment of Hire

A landlord is allowed to evict a tenant for failing to pay rent on fourth dimension.

According to Nebraska law, rent is considered belatedly the twenty-four hour period after it's due; grace periods, if any, are addressed in the charter/rental understanding.

Once rent is past due, the landlord must provide tenants with a 7-Day Find to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the selection to pay the past due amount in total inside 7 days in order to avoid eviction.

If the tenant does non pay the rent due by the end of the notice period and remains on the property, the landlord may go along with the eviction procedure.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Nebraska if they exercise not uphold their responsibilities under the terms of a written lease or rental agreement.

Nebraska landlords are required to allow tenants to right a lease violation in these instances, and must provide tenants with a 30-Day Notice to Comply giving the tenant 14 days to correct the event.

If the event is not corrected within the 14-day deadline, the tenant will demand to movement out at the end of the 30 days given in the Discover to Comply.

Typical lease violations under this category could include things like dissentious the rental holding, having too many people residing in the rental unit, and having a pet when at that place'due south a no-pet policy.

Material health or rubber violations are likewise included in this category and may include letting trash pile up within the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.

If the violation is corrected merely the tenant commits the same violation within a vi-calendar month timeframe, the landlord may stop the rental agreement with a 14-Day Detect.

Notation that illegal activity is not included in this category.

If the tenant fails to right the issue within the deadline/remains on the property later on the notice menstruation expires, the landlord may proceed with the eviction process.

Eviction Procedure for No Lease / End of Charter

In the state of Nebraska, if tenants "concur over," or stay in the rental unit later the rental term has expired, then the landlord may be required to requite tenants notice before evicting them. This can include tenants without a written charter and week-to-week and month-to-month tenants.

Often this blazon of eviction applies to tenants who are at the terminate of their lease and the landlord doesn't want to renew.

The amount of time required in the find depends on the type of tenancy.

• Week-to-Calendar week – If rent is paid on a week-to-week ground, a landlord must provide the tenant with a 7-Day Discover to Quit.
• Month-to-Month – If hire is paid on a calendar month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.

If the tenant remains on the property after the notice catamenia expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

Tenants who are involved in illegal activeness must be given 5 days' written notice before the landlord tin can continue with an eviction activeness. Tenants in these instances do not have the opportunity to correct the issue to avoid eviction.

In Nebraska, illegal activity includes:

• Physical set on or threat of physical assault.
• Illegal use or threat to use a firearm or other weapon.
• Possession of a controlled substance.
• Illegal auction of a controlled substance.
• Any other activeness that would harm the health and safe of people or property on the rental premises.

If someone other than the tenant was involved in the illegal activeness, and the tenant can prove that they either filed a restraining order against the party responsible or reported the activity to a police enforcement agency (or both), and then the tenant may be able to avoid eviction.

If the tenant remains on the property subsequently the observe period expires, the landlord may proceed with the eviction process.

Step 2: Complaint is Filed and Served

Every bit the side by side step in the eviction process, Nebraska landlords must file a complaint in the appropriate courtroom. In the land of Nebraska, this costs $85 in filing fees for eviction cases filed in District Court.

The summons and complaint may exist served on the tenant by the sheriff or anyone else who isn't a part of the example within iii days of the appointment the summons was issued by the court, through one of the post-obit methods:

1. Giving a copy to the tenant in person;
2. Leaving a copy at the tenant's residence with someone of "suitable" age;
3. Mailing a copy via certified post;
4. Using a designated delivery service to deliver a re-create to the tenant;
5. Posting a copy at the rental unit of measurement AND mailing a copy via showtime class mail. Information technology is important to note that posting a copy may only be done if all other service methods fail. The landlord shall file an affidavit noting the diligent efforts to serve the summons.

Notation that certified postal service and delivery services may be done by the landlord or the landlord's attorney and do non have to be washed by the sheriff or a third-party process server.

Three days. The summons and complaint must be served on the tenant within three days of the date the summons was issued past the courtroom.

Step iii: Court Hearing and Judgment

The eviction hearing must exist held ten-14 days after the summons is issued.

In Nebraska, landlords and tenants exercise non have the right to a jury trial, and the eviction hearing will be held before a judicial officer only.

If the tenant fails to appear for the hearing, the judicial officer may issue a default ruling in favor of the landlord, meaning the tenant volition accept to motion out.

If the approximate rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of restitution will exist issued, and the eviction procedure will continue.

10-14 days. The eviction hearing must be held at least 10 days, but not more than than 14 days, after the engagement the summons is issued past the court.

Step 4: Writ of Restitution Is Issued

The writ of restitution is the tenant's final notice to leave the rental unit and gives them the opportunity to remove their holding earlier a sheriff or lawman returns to the property to forcibly remove them.

If the court has ruled in the landlord's favor, the landlord will ask the court to issue a writ of restitution. Nebraska state law doesn't specify how quickly this must be done after the judgment is issued in favor of the landlord.

A few hours to a few days. The landlord must request the writ of restitution, merely it tin can be issued the same day as the hearing.

Step 5: Possession of Belongings is Returned

A sheriff or constable must remove tenants from the rental unit within 10 days of the date the writ of restitution is issued by the courtroom.

This could mean tenants accept to motility out the day the court hearing is held, depending on how quickly the landlord requests the writ of restitution. Tenants should be prepared to move out immediately, but in case.

10 days. The tenant has x days at the most once the writ of restitution has been issued to move out before a law enforcement officer is allowed to forcibly remove them from the belongings.

Nebraska Eviction Process Timeline

Below is a summary of the aspects outside of the landlord'due south control that dictate the amount of time it takes to evict a tenant in Nebraska. These estimates can vary greatly, and some fourth dimension periods may non include weekends or legal holidays.

1. Initial Notice Period –Between 5 and 30 days, depending on the discover blazon and reason for eviction.
2. Issuance/Service of Summons and Complaint – 3 days.
3. Court Hearing and Ruling on the Eviction – x-xiv days after the summons is issued by the court.
4. Issuance of Writ of Restitution – A few hours to a few days.
5. Return of Possession – Up to 10 days.

Questions? To conversation with a Nebraska eviction attorney, Click here

Boosted Data

Tenant's Personal Property Remaining on Premises. If the tenant is evicted from the rental unit and leaves behind personal property, the landlord shall give written notice describing all the property. The notice should also include the cost of storage, the location of where the property will be stored and the appointment of when the property must be claimed. The tenant must claim the personal holding within vii days of the personal commitment of find or if the notice is delivered by fantabulous mail, then within 14 days later on the notice was mailed.

If the tenant fails to claim the property, and its value less than $2,000 the landlord may keep the property. If the personal property is over $ii,000, the belongings shall be sold at a public sale and the funds must be used to cover the cost of storage or advert. The remaining funds should be turned over to the State Treasurer where the tenant tin claim the funds.

Flowchart of Nebraska Eviction Process

For additional questions nigh the eviction process in Nebraska, please refer to the official legislation, Nebraska Revised Statutes §76-1401 to 76-1449, and §25-505.i to 25-506.ane, for more information.

Sources

1 NE Rev Stat §76-1431 (2019)

(2) If rent is unpaid when due and the tenant fails to pay rent within seven calendar days after written notice past the landlord of nonpayment and his or her intention to stop the rental agreement if the rent is not paid inside that period of time, the landlord may stop the rental understanding.

ii NE Rev Stat §76-1431 (2019)

(ane) …if in that location is a noncompliance with section 76-1421 materially affecting health and safety or a material noncompliance by the tenant with the rental agreement or any separate agreement, the landlord may deliver a written notice to the tenant…that the rental agreement will terminate upon a date not less than thirty days afterwards receipt of the notice if the breach is not remedied in fourteen days…

iii NE Rev Stat §76-1437 (2019)

(i) The landlord or the tenant may finish a week-to-week tenancy by a written find given to the other at to the lowest degree vii days prior to the termination appointment specified in the notice. (2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at to the lowest degree 30 days prior to the periodic rental engagement specified in the notice.

4 NE Rev Stat §76-1431 (2019)

(4) …after five days' written detect of termination of the rental agreement and without the right of the tenant to cure the default, file suit …for recovery of possession …if the tenant… engages in any violent criminal activeness on the premises, the illegal sale of any controlled substance on the premises, or any other activity that threatens the health or safety…

5 NE Rev Stat §76-1431 (2019)

(iv)(a) Concrete assail or the threat of concrete assault; (b) illegal use of a firearm or other weapon or the threat of illegal utilize of a firearm or other weapon; (c) possession of a controlled substance…or (d) any other action or threatened activeness which would otherwise threaten the health or safe of whatsoever person or involving threatened, imminent, or actual damage to the property.

6 NE Rev Stat §25-506.01 (2019)

(i) Unless the plaintiff has elected certified post service or designated delivery service, the summons shall be served by the sheriff… by a person authorized by section 25-507 or otherwise authorized by law, or by a person…not a political party to the activeness peculiarly appointed by the courtroom for that purpose. (2) Certified mail service or designated delivery service shall be made by the plaintiff or plaintiff'southward attorney.

7 NE Rev Stat §76-1442 (2019)

The summons may be served and returned equally in other cases or by whatever person, except that the summons shall exist served inside three days, excluding nonjudicial days, from the date of issuance and shall be returnable within five days, excluding nonjudicial days, from the date of issuance.

eight NE Rev Stat §25-505.01 (2019)

(1)(a) … leaving the summons with the private to be served; (b) … leaving the summons at the usual place of residence … with some person of suitable age and discretion residing therein; (c) Certified postal service…(d) Designated delivery service …

9 NE Rev Stat §76-1442.01 (2019)

…service of a summons…may be fabricated by leaving a copy of the summons at the accused's last-known address and mailing a copy by first-class mail…The plaintiff shall file an affirmation…showing that an try was made to serve the summons in the manner provided in sections 25-505.01 to 25-516.01, the reasons why such service was unsuccessful…

10 NE Rev Stat §76-1446 (2019)

Trial of the activeness for possession shall be held not less than ten nor more than fourteen days afterwards the issuance of the summons. The activeness shall be tried past the court without a jury.

11 NE Rev Stat §76-1446 (2019)

…the court shall declare the forfeiture of the rental agreement, and shall, at the asking of the plaintiff or his or her attorney, result a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution.

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Source: https://ipropertymanagement.com/laws/nebraska-eviction-process

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