🏛️ Courthouse Information and Locations for Nebraska
Nebraska Eviction Laws: Notice Requirements, Process, and Timelines
Nebraska handles evictions through County Court using an unlawful detainer process. Nebraska requires a 3-day notice for nonpayment of rent (with a 7-day cure period for first-time nonpayment in some circumstances) and a 14-day notice for lease violations. Nebraska’s process is relatively straightforward, though Omaha and Lincoln may have heavier court dockets. Below you’ll find the key details every Nebraska landlord needs to know.
Nebraska Eviction Laws
Comprehensive guide to Nebraska's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in County Court or District Court - Forcible Entry and Detainer (§ 76-1441).
⚡ Quick Overview
💰 Nonpayment of Rent
7-day notice for nonpayment must state exact amount owed and termination date (not less than 7 calendar days). Tenant pays in full within 7 days = eviction stops. IMPORTANT: Some older sources cite 3-day notice but URLTA § 76-1431(2) requires 7 calendar days. After notice expires landlord files complaint; summons must be served within 3 days of issuance and returned within 5 days (§ 76-1442). Hearing typically 10-14 days after summons. Tenant need not file written answer - just appear at hearing. After judgment: 10 days to vacate before writ of restitution. Self-help eviction penalty = 3x monthly rent as liquidated damages + attorney fees. Eviction cases NOT allowed in small claims court.
📋 Lease Violation
General lease violations: 14/30-day notice - tenant has 14 days to cure; if not cured lease terminates after 30 days. Repeat same violation within 6 months: 14-day unconditional quit (no cure even if tenant fixes it). Criminal/dangerous activity (assault, weapons, drugs, health/safety threats): 5-day unconditional quit with no cure. Notice must specify exact acts/omissions. Month-to-month: 30-day no-cause notice. Week-to-week: 7-day notice.
📬 Service of Process
Summons must be served within 3 days of issuance and returned within 5 days. Person serving must file affidavit stating how service was completed.
🏛️ Court & Legal Information
Tenant paying within 7-day notice period; court scheduling 10-14 days; 10-day post-judgment move-out period
⚖️ Appeals & Post-Judgment
Sheriff executes writ of restitution after 10-day post-judgment period
📦 Tenant Property & Abandonment
If tenant absent 7+ days without notice landlord may enter. Abandonment presumed after 30 days absence or 1 rental period without notice. Landlord must make reasonable efforts to re-rent. Disposition of Personal Property Landlord and Tenant Act (§§ 69-2301 to 69-2314) governs abandoned property.
🏦 Security Deposits
14-day return with written itemization. No separate account required. No interest required. Willful failure to return = tenant recovers 1 month rent or 2x deposit (whichever less) as liquidated damages + court costs + attorney fees. Unclaimed deposits after 1 year = abandoned property reported to State Treasurer.
💵 Late Fees
No state limit on late fees. Must be specified in lease. No mandatory grace period unless lease provides one. Rent due on date specified in lease.
🛡️ Tenant Protections
No rent control. No state preemption. 30-day notice for rent increase on month-to-month.
🏙️ Local Overrides & City-Specific Rules
Limited local variations. Omaha has tenant right to counsel program. Lincoln has additional housing code enforcement. URLTA applies statewide.
Underground Landlord📝 Nebraska Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the County Court or District Court - Forcible Entry and Detainer (§ 76-1441). Pay the filing fee (~$$50-75 (county court)).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Nebraska
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Nebraska Eviction Laws: Notice Requirements, Process, and Timelines
Nebraska handles evictions through County Court using “Forcible Entry and Detainer” actions governed by the Uniform Residential Landlord and Tenant Act (URLTA). The state requires a 7-day notice for nonpayment of rent, a 14/30-day notice for lease violations, and a 5-day notice for criminal activity. Nebraska is generally considered landlord-friendly, with a straightforward process that can be completed in 3-8 weeks when paperwork is handled correctly.
Nebraska Eviction Laws
Comprehensive guide to Nebraska's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in County Court or District Court - Forcible Entry and Detainer (§ 76-1441).
⚡ Quick Overview
💰 Nonpayment of Rent
7-day notice for nonpayment must state exact amount owed and termination date (not less than 7 calendar days). Tenant pays in full within 7 days = eviction stops. IMPORTANT: Some older sources cite 3-day notice but URLTA § 76-1431(2) requires 7 calendar days. After notice expires landlord files complaint; summons must be served within 3 days of issuance and returned within 5 days (§ 76-1442). Hearing typically 10-14 days after summons. Tenant need not file written answer - just appear at hearing. After judgment: 10 days to vacate before writ of restitution. Self-help eviction penalty = 3x monthly rent as liquidated damages + attorney fees. Eviction cases NOT allowed in small claims court.
📋 Lease Violation
General lease violations: 14/30-day notice - tenant has 14 days to cure; if not cured lease terminates after 30 days. Repeat same violation within 6 months: 14-day unconditional quit (no cure even if tenant fixes it). Criminal/dangerous activity (assault, weapons, drugs, health/safety threats): 5-day unconditional quit with no cure. Notice must specify exact acts/omissions. Month-to-month: 30-day no-cause notice. Week-to-week: 7-day notice.
📬 Service of Process
Summons must be served within 3 days of issuance and returned within 5 days. Person serving must file affidavit stating how service was completed.
🏛️ Court & Legal Information
Tenant paying within 7-day notice period; court scheduling 10-14 days; 10-day post-judgment move-out period
⚖️ Appeals & Post-Judgment
Sheriff executes writ of restitution after 10-day post-judgment period
📦 Tenant Property & Abandonment
If tenant absent 7+ days without notice landlord may enter. Abandonment presumed after 30 days absence or 1 rental period without notice. Landlord must make reasonable efforts to re-rent. Disposition of Personal Property Landlord and Tenant Act (§§ 69-2301 to 69-2314) governs abandoned property.
🏦 Security Deposits
14-day return with written itemization. No separate account required. No interest required. Willful failure to return = tenant recovers 1 month rent or 2x deposit (whichever less) as liquidated damages + court costs + attorney fees. Unclaimed deposits after 1 year = abandoned property reported to State Treasurer.
💵 Late Fees
No state limit on late fees. Must be specified in lease. No mandatory grace period unless lease provides one. Rent due on date specified in lease.
🛡️ Tenant Protections
No rent control. No state preemption. 30-day notice for rent increase on month-to-month.
🏙️ Local Overrides & City-Specific Rules
Limited local variations. Omaha has tenant right to counsel program. Lincoln has additional housing code enforcement. URLTA applies statewide.
Underground Landlord📝 Nebraska Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the County Court or District Court - Forcible Entry and Detainer (§ 76-1441). Pay the filing fee (~$$50-75 (county court)).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Nebraska
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Court procedures may vary by county. Consult a qualified Nebraska attorney for specific legal advice.
Nebraska’s Legal Framework
Nebraska’s eviction laws are governed by two primary statutes: the Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449) for residential rentals, and the Mobile Home Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1450 to 76-14,111) for mobile home lot rentals. The forcible entry and detainer statutes (Neb. Rev. Stat. §§ 25-21,219 to 25-21,235) govern the court process.
Nebraska strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order. If a landlord unlawfully removes or excludes a tenant, the tenant may recover up to three months’ rent in damages plus attorney’s fees.
Notice Requirements by Violation Type
Nonpayment of Rent: 7-Day Notice to Pay or Quit
When rent is unpaid, landlords must serve a written notice stating the amount owed and giving the tenant 7 calendar days to pay in full or vacate. If the tenant pays the full amount (including any applicable late fees) within those 7 days, the landlord must accept payment and the eviction process stops. If the tenant offers partial payment, the landlord may accept or reject it—but accepting partial payment typically requires serving a new 7-day notice before proceeding. (Neb. Rev. Stat. § 76-1431(2))
Lease Violations: 14/30-Day Notice
For material lease violations (unauthorized occupants, pets, property damage, subletting without permission, etc.), landlords serve a 14/30-day notice. This notice must:
- Describe the specific violation
- Give the tenant 14 days to cure (fix) the violation
- State that the lease will terminate no less than 30 days from receipt if not cured
If the tenant fixes the violation within 14 days, the lease continues. If not, the landlord can file for eviction after the 30-day period ends. (Neb. Rev. Stat. § 76-1431(1))
Repeat Violations: 14-Day Unconditional Notice
If a tenant commits substantially the same violation within 6 months of a prior notice for that violation, the landlord may serve a 14-day unconditional notice to vacate. The tenant has no opportunity to cure—even if they fix the problem, the landlord can still proceed with eviction. (Neb. Rev. Stat. § 76-1431(1))
Criminal Activity/Safety Threats: 5-Day Unconditional Notice
For serious violations involving immediate threats, landlords may serve a 5-day unconditional notice. This applies when the tenant or guest:
- Physically assaults or threatens to assault someone
- Illegally uses or threatens to use a firearm or weapon
- Possesses controlled substances (that the tenant knows or should know about)
- Engages in any activity threatening health, safety, or property
There is no opportunity to cure—the tenant must vacate within 5 days. (Neb. Rev. Stat. § 76-1431(4))
Month-to-Month Termination: 30-Day Notice
To end a month-to-month tenancy without cause, landlords must provide 30 days’ written notice. For week-to-week tenancies, 7 days’ notice is required. (Neb. Rev. Stat. § 76-1437)
How to Serve Notice in Nebraska
Proper service is critical—improperly served notices are a common reason for case dismissal. Nebraska allows:
- Personal delivery directly to the tenant
- Delivery to the premises by leaving with a responsible adult
- Posting and mailing: Post conspicuously on the door AND mail first-class to tenant’s address
Keep detailed records of service including date, time, method, and who received the notice.
Filing the Eviction Lawsuit
If the tenant doesn’t comply with the notice, the landlord files a Forcible Entry and Detainer action in County Court where the property is located. Notice must be given to the tenant at least 3 days before filing the action. (Neb. Rev. Stat. § 25-21,221)
The complaint must include:
- The statutory authority under which possession is sought
- Facts detailing the reason for seeking possession
- A reasonably accurate description of the property
- Proof of compliance with notice requirements
Filing fee: Approximately $50 in County Court, though fees vary by county. Lancaster County (Lincoln) charges $25-50 for sheriff service within city limits.
Service of Summons and Hearing
After filing, the court issues a summons that must be served on the tenant within 3 days of issuance. The summons must include:
- The cause of the complaint
- Time and place of trial
- Date by which tenant must file an answer
- Notice that failure to appear will result in default judgment
Service methods include:
- Personal service
- Residential service (leaving with responsible person)
- Certified mail (within 10 days of issuance)
- Posting on front door AND mailing first-class (if other methods fail)
It’s recommended to have the sheriff serve the documents for a stronger record. The summons must be returned to court within 5 days of issuance.
The Court Hearing
Hearings are typically scheduled within 14 days of filing. The tenant usually has 7-11 days from service to prepare. If the tenant fails to appear, the court may enter a default judgment for the landlord.
At the hearing, landlords should bring:
- Original lease agreement
- All notices with proof of service
- Complete rent ledger showing payment history
- Photos or documentation of violations
- Any written communications with the tenant
Judgment and Writ of Restitution
If the landlord prevails, the court issues a judgment for possession and a Writ of Restitution. The tenant typically has up to 10 days to voluntarily vacate. If they don’t leave, the sheriff will execute the writ and physically remove the tenant.
For tenant abandoned property, landlords must follow the Disposition of Personal Property Landlord and Tenant Act (Neb. Rev. Stat. §§ 69-2301 to 69-2314), which generally requires a 20-day notice before disposing of abandoned belongings.
2025 Legislative Updates
Nebraska enacted several landlord-tenant law updates effective September 3, 2025:
LB 80 and LB 185 – Enhanced Domestic Violence Protections:
- Victims of domestic violence can request release from rental agreements with proper documentation
- Tenants can require landlords to change locks when a protective order exists
- Landlords must serve 5-day eviction notices on perpetrators when requested by victim tenants
- New provisions for removing domestic violence perpetrators from leases while allowing victims to remain
Nebraska also considered eviction record sealing legislation in 2025, though it did not pass. Landlords should monitor ongoing legislative developments.
Tenant Defenses Landlords Should Anticipate
- Improper notice: Wrong notice type, insufficient time, missing information, or defective service
- Payment disputes: Tenant claims rent was paid or disputes amount owed
- Habitability: Landlord failed to maintain safe, habitable conditions
- Retaliation: Eviction in response to tenant exercising legal rights (reporting code violations, joining tenant organization, etc.)
- Discrimination: Eviction based on protected class (race, religion, gender, national origin, familial status, disability)
- Acceptance of rent: Landlord accepted rent after serving termination notice
Typical Timeline
- Notice period: 5-30 days depending on reason
- Filing to hearing: 1-14 days
- Post-judgment move-out: Up to 10 days
- Total (uncontested): 3-5 weeks
- Total (contested): 5-8+ weeks
Best Practices for Nebraska Landlords
- Use the correct notice type for each situation—7-day for nonpayment, 14/30-day for violations, 5-day for criminal activity
- Always serve notices in writing with proof of delivery
- If tenant pays within the 7-day notice period, you must accept payment
- Don’t accept rent after serving a termination notice unless you intend to restart the process
- File in the correct County Court for the property location
- Have sheriff serve court papers for best documentation
- Keep organized records: lease, rent ledger, notices, communications, photos
- Never attempt self-help eviction—penalties include 3 months’ rent plus attorney fees
- Follow abandoned property procedures carefully
Quick Reference: Nebraska Eviction Rules
- Nonpayment of rent: 7-day notice to pay or quit (must accept payment if paid in full)
- Lease violations: 14-day cure period, 30-day termination
- Repeat violations (within 6 months): 14-day unconditional notice
- Criminal activity/safety threats: 5-day unconditional notice
- Month-to-month termination: 30-day notice
- Week-to-week termination: 7-day notice
- Pre-filing notice to tenant: 3 days minimum
- Summons service deadline: Within 3 days of issuance
- Hearing timing: Typically within 14 days of filing
- Post-judgment move-out: Up to 10 days
- Illegal eviction penalty: Up to 3 months’ rent plus attorney fees
- Governing law: Neb. Rev. Stat. §§ 76-1401 to 76-1449 (URLTA)
Bottom line: Nebraska’s eviction process is relatively landlord-friendly with clear procedures. The key to success is using the correct notice type, maintaining thorough documentation, and never attempting self-help eviction. Pay particular attention to the 7-day nonpayment notice—if the tenant pays in full within that period, you must accept payment and cannot proceed with eviction.