Nebraska Eviction Notice Forms – Notice to Quit | PDF
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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.
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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.
After filing the petition, owners may file a Summons and Complaint. The sheriff or process server will forward copies of these documents to the tenant. The Summons will state the time and place for the eviction hearing, and when the tenant must file a written answer. Tenants must file a written answer.
If the tenant fails to file an answer or appear at the hearing, a judge will likely approve the eviction by issuing a default judgment. The hearing will occur around 10 to 14 days after service of the summons.
As in other trials, each party can present evidence to support his or her claims. For example, the tenant may argue that the dwelling was uninhabitable by presenting records of plumbing or heating failures. The landlord must prove that the tenant violated the lease in order to prevail.
The judge will issue a Writ of Restitution if the owner wins. The Writ will give the tenant up to 10 days to vacate the property before the sheriff will remove the tenant physically.
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