Updated June 28, 2022
A Nebraska eviction notice is a note written and sent by a landlord when a tenant has violated their lease agreement. The notice marks an official date where the tenant has been notified of an issue and has a specified number of days to respond and cure the issue before an eviction case is filed in the local county court.
By Type (3)
7-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. The tenant will have 7 days to pay all back-rent and late charges.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
14/30 Day Notice to Quit (
Non-Compliance
)
– Used when a tenant has failed to abide by the terms of the lease,
other than
the failure to pay rent. The tenant will have 14 days to fix the violation. If it is not cured then the tenant will be forced to move out of the property within 30 days. If the violation occurs more than once in the last 6 months, the landlord can terminate the lease with 14 days’ notice.
Download: Adobe PDF
30-Day Notice to Quit (
Month-to-Month Tenancy
)
– 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 30 days.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace-Period: 7 days. § 76-1431(2)
- Non-Payment of Rent: 7 days. § 76-1431(2)
- Non-Compliance: 30 days. § 76-1431(1)
- Illegal Activity: 5 days. § 76-1431(4)
- Substantial Damage to Property: 5 days. § 76-1431(4)
- Termination (Month-to-Month Lease): 30 days. § 76-1437(2)
- Filing an Eviction: Uniform Landlord and Tenant Act
Court Forms
Complaint and Summons for Restitution of Premises – To file a forcible entry and detainer case against a tenant who has failed to comply with a notice to quit, the landlord must file a complaint and summons with the court. These forms are available at the court, usually for a nominal fee. Once a court date has been fixed, the summons form must be served on the tenant. It is generally advised that the landlord have the sheriff serve the documents.
Writ of Restitution – Authorizes the sheriff to move the tenant out of the premises if they remain non-compliant following a judgment against them.
When is Rent Due
Rent is due on the date specified in the lease. The landlord must give the tenant seven (7) days’ notice of non-payment before beginning eviction proceedings.
How to Evict (Process)
Step 1 – If a 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, the landlord must provide requisite notice to the tenant before taking any court action to evict:
- 7-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 the tenant fails to respond within the time period allowed, the landlord may file a forcible entry and detainer Complaint and Summons in County Court. Once it is filed, the landlord should have the local sheriff make sure to have the complaint and summons served on the tenant.
Step 3 – If the 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.
Video
How To Write (Notice To Quit)
1 – Set Up Your Paperwork
The Lessor Lessee Property Agreement should be obtained for review. You will need some of the information present on this document. You will be able to report this information along with the desired Notice on the Nebraska Notice To Quit form available through the PDF, ODT, and Word buttons beneath the document image.
2 – Record the Recipient, Leased Property Location, and Lease Signature Date
Enter the Full Name of the person(s) you are sending this Notice to below the form Title.
To define the blank spaces following the words “The premises herein…,” you will need to consult the Lease. There is no room for error. In this order report the Rented Property’s City, bbin电竞官网官方永久, Zip Code, Building/Street, and Apartment Number on the blank spaces in this sentence.
Next, locate the Signature Line on the Lease and enter the Calendar Date, Month, and Year of the binding Signature(s) on the spaces following the phrase “In accordance with your lease…”
3 – Call For Required Action
Landlords that are issuing this Notice to Tenants who have been negligent in their responsibilities have three statements provided below the words “(Check Appropriate Box)” to select the type of Notice this will be. Choose one of these three statements then, proceed to Step 5. If the subject of this Notice is a Month To Month Tenancy, then skip the three statements in this area and proceed to Step 4.
The “Nonpayment” Notice must be issued by the Landlord to the Tenant(s) or Subtenant(s) that have not paid for a Rental Period(s). Mark this first checkbox to give the Tenant Three Days to remit the past due payment or yield control of the Leased Property to the Landlord. Selecting this bbin电竞官网官方永久ment will also require a definition to an Authorized Agent, Dollar Amount Owed, Dollar Amount that must be paid, and the Rental Period the Mandatory Payment applies to in the available spaces.
The “Noncompliance (1st Offense)” Notice must be issued by the Landlord to the Tenant(s) or Subtenant(s) who will be given Fourteen Days to correct a 1st Time Violation or yield their control of the Leased Property to the Landlord. Describe this violation on the blank line.
The “Noncompliance” Notice must be issued by the Landlord to the Tenant(s) or Subtenant(s) who have committed the same violation within six months of receiving a “Noncompliance (1st Offense)” Notice. The Tenant(s) or Subtenant(s) will be given Fourteen Days to yield control of the Rented Property to the Landlord. You must describe this violation on the blank line.
4 – Month To Month Lease Agreements
There are two options for a Month To Month Tenancy Notice to be provided through this document. Each one will require the Last Day of the Month To Month Agreement to be reported accurately using the three blank spaces. When reporting this Date, you will enter the Day on the first blank line of your chosen statement, the Month on the second blank line, and the year on the last blank line. Make sure the Last Active Date being named for the Month to Month Agreement must be at least Thirty Days after its receipt. Choose one of the following options.
The first “Month to Month Tenancy” notice must be issued to the Tenant from the Landlord. Choose this statement if you are a Landlord ending a Month to Month Tenancy Agreement with the Tenant being Addressed.
The second “Month to Month Tenancy” Notice must be issued to the Landlord from the Tenant. Choose this statement if you are a Tenant ending a Month to Month Tenancy Agreement with the Landlord Being Addressed.
5 – Landlord Declaration
If you are the Property Owner, Landlord, or Authorized Agent of the Landlord issuing this Notice to a Tenant then, you must Sign the blank line under the Notification bbin电竞官网官方永久ment.
6 – Delivery Agent Testimony
There will be a section strictly for the Deliverer of this Notice to fill out. The “Certificate of Service” section will provide a verification from the Deliverer this Notice was delivered. The Delivery Date (consisting of the Calendar Day, Month, and Year) will need to be entered on the first three blank lines. Then the Name of the individual this paperwork was delivered to must be entered on the fourth blank space.
An additional aspect to this report will be a testimony to the manner the Notice was delivered. The first, second, and third checkboxes will refer to a first party delivery, second party delivery, or delivery by the U.S. Postal Service using First class Mail. The Agent responsible for Delivery must sign his or her Name after making this selection.
