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.
If you’re a landlord seeking to evict a tenant, use a Nebraska (NE) eviction notice to begin the process. Your eviction notice must be written according to Nebraska state law, and give your tenant the legally required amount of time to respond or move out.
In Nebraska, eviction lawsuits are governed by Chapter 69 and Chapter 76 of the Nebraska Revised Statutes.
Eviction notices in Nebraska are sometimes referred to as:
- Nebraska Notice to Quit
- Nebraska Notice to Pay or Quit
- Nebraska Notice to Vacate
- Nebraska Lease Termination
Types of Nebraska Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Nebraska law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement.
Once rent is past due, the landlord must provide tenants with a 7-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 7 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed and the fact that the tenant can pay past-due rent in full to avoid eviction.
Get the downloadable 7-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
What is a Nebraska Eviction Notice?
A Nebraska eviction notice is better known as a notice to quit. Regardless of its name, the document is a written notice created by the landlord or the property manager when the tenant fails to follow the terms in the lease agreement. It gives the renter a certain amount of time (known as a notice period), depending on why the eviction notice was issued, to either correct the violation (curable violation) or vacate the rental unit.
Nebraska eviction notices must comply with the state’s Uniform Residential Landlord and Tenant Act. An eviction notice must be used before a landlord or property manager may file an eviction lawsuit against the tenant. Before starting the eviction process or issuing an eviction notice, a landlord should seek legal advice to ensure that their documents comply with Nebraska law.
What are the Components of a Nebraska Eviction Notice?
There are three types of Nebraska eviction notices. They all have the same basic components:
- The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
- The address of the rental property
- The date the eviction notice was created
- How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
- The contact information of the landlord or property manager
- The printed name and signature of the landlord or property manager
Nebraska eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components.
Eviction Notice Types
It’s necessary to provide the correct type of Nebraska eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under NE statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Nebraska when completing an eviction.
To begin the eviction process in Nebraska, property owners must serve tenants with a three-day Notice to Quit (RTF – Word). The tenant can avoid further eviction proceedings by paying rent within the three days according to Statute 76-1431.
For any other lease violation, owners must give a 30-day notice. For example, if the tenant has damaged property or created a nuisance that violated the lease, this notice would apply. It must state that the tenant has 14 days to correct the violation, or else move out within 30 days. If the lease is month-to-month, owners may also use 30-day notices. No reason is needed to evict a tenant renting month-to-month.
Unlike other states, if the tenant does not move or comply, Nebraska requires landlords to file a Petition for Restitution before filing the Complaint. This will state why the eviction is occurring and that the notice was properly served.
A Nebraska eviction notice is used to inform a tenant that they are required to vacate the premises, pay rent, or cure a lease violation. Each notice states the duration in which the tenant must comply with the landlord’s demands. In the cases of non-payment and non-compliance with the lease, tenants will be given the opportunity to correct their issues to avoid lease termination. Should the tenant fail to comply with the landlord’s terms before the notice period expires, their tenancy will terminate and the landlord may seek an eviction in court by filing a forcible entry and detainer lawsuit.
If a tenant has failed to pay rent, their landlord can serve them with the Nebraska three (3) day notice to pay or quit. This document provides the tenant with three (3) days to either pay the amount owed or move out of the rental unit. The landlord must make a copy of this document and fill out the “Certificate of Service” section once they have successfully delivered the notice in-person or by certified mail. If the tenant does not pay or vacate within the allotted period, the landlord has the right to forfeit the lease and file an eviction lawsuit in court.
The Nebraska seven (7) day notice to quit informs tenants that they must either pay their rent or leave the premises at the end of the seven (7) day period. Even if the tenant vacates the premises, they will still be on the hook for paying all rent payments due to the landlord. If after the seven (7) day period the tenant continues to occupy the premises without paying the amount due, the landlord will be able to legally terminate the lease and seek an eviction lawsuit in court.
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