Nebraska operates a system by which the amount of notice a landlord must give a tenant before seeking eviction varies depending on the reason for the eviction. If the tenant fails to comply with the notice, or the lease ends for another reason, the legal process leading to an eviction order is faster than in many other states. In particular, the eviction can be carried out immediately after it is ordered, though this doesn't usually happen.
Nonpayment of Rent
A landlord has the right to issue a notice demanding that the tenant pay overdue rent within three days. If the tenant does not pay within three days, the lease automatically ends and eviction proceedings can begin. The landlord is not obliged to accept a rent payment after the three-day period.
If a tenant breaches a term of a written lease, the landlord can issue a notice demanding the tenant rectify the breach within 14 days. If the tenant fails to do so, the lease ends automatically 30 days after the notice was issued.
Termination Without Reason
If a tenant has a month-to-month lease, the landlord can end the lease on one month's notice. If there is no written lease, the landlord can also give 30 days notice to terminate the lease. In both cases the landlord does not have to give a reason for termination.
Once a lease has ended (whether as scheduled or through a tenant failing to comply with a landlord's notice) the tenant must leave. If the tenant refuses to leave, the landlord must file suit to force an eviction. The Sheriff's office will then issue a summons with a time and date for a hearing. The tenant must respond to the summons within five days to say he wishes to contest the case; otherwise, the landlord may get a default judgment from the court.
Once a court rules in favor of the landlord, the Sheriff's office can legally evict the tenant immediately. In practice, it normally gives the tenant three days' notice before carrying out an eviction. The Sheriff's office has 10 days from the verdict to carry out the eviction; otherwise, a new court order will be required.
- cambridge apartment house image by Stephen Orsillo from Fotolia.com