Nebraska Eviction Process: The 7-Day Notice for Unpaid Rent, a Trial in 10 to 14 Days, and the Writ of Restitution

Nebraska’s Uniform Residential Landlord and Tenant Act sets out an eviction process that moves quickly [1][3]. For unpaid rent, a landlord can end the lease after a 7-day written notice [1]. Once the landlord files in court, the trial is held 10 to 14 days after the summons is issued [6], and if the landlord wins, the sheriff or constable restores possession on a date no more than 10 days after the court’s order [6]. A landlord can’t skip the court: a lockout or utility shutoff without one can cost three months’ rent [8].

Step 1: The notice

A Nebraska eviction starts with a written notice. Which one depends on the reason.

Unpaid rent: 7 days

If rent is unpaid when due, the landlord can give written notice of the nonpayment and that the rental agreement will end if the rent isn’t paid within seven calendar days. If the tenant doesn’t pay in that time, the landlord can end the agreement [1].

Lease violations: 30 days, with 14 to fix it

For a material breach of the lease, or a tenant violation that materially affects health and safety, the landlord gives written notice describing the problem. The agreement ends on a date at least 30 days after the tenant receives the notice, unless the tenant fixes the breach within 14 days [1].

Violent or drug activity: 5 days, no chance to fix

A landlord can give five days’ written notice and file for possession, with no right to cure, if the tenant, a household member, a guest or someone else there with the tenant’s consent engages in violent criminal activity, illegal sale of a controlled substance, or other activity that threatens the health or safety of other tenants or the landlord’s staff on the premises [1].

There’s an exception for victims. The landlord can’t use this 5-day process if the activity was by someone other than the tenant or a household member, and the tenant or household member sought a protective order, reported it to police, or, for domestic violence, got a qualifying third-party certification [1]. When both a domestic violence victim and the abuser are on the lease, the landlord can act only against the abuser [1].

No lease: ending a periodic tenancy

Without a fixed-term lease, either side can end a month-to-month tenancy with written notice at least 30 days before the rent date named in the notice, or a week-to-week tenancy with at least 7 days’ notice [2]. A tenant who stays after the tenancy ends without the landlord’s consent can be sued for possession [2].

Step 2: The landlord files and the tenant is served

The landlord files a complaint for restitution with the clerk of the county or district court. It has to state the law the landlord is relying on, the facts, a description of the rental, and that the required notice was given [3].

The court issues a summons with the time and place of trial, which warns the tenant that a judgment will be entered if they don’t appear [4]. It has to be served within three days of issuance and returned within five days, not counting nonjudicial days [4]. If the landlord tries hard and can’t serve the tenant the usual ways, the summons can be posted on the front door and mailed first class to the tenant’s last known address [4][5]. When service is done that way, the landlord can get possession but not a money judgment in that case [6].

Step 3: The trial

The trial is held not less than 10 nor more than 14 days after the summons is issued, before a judge, without a jury [6].

• Answer and defenses: on or before the day set for the hearing, the tenant can appear and answer and raise any legal or equitable defense, setoff or counterclaim [7].
• If the tenant doesn’t show up: a properly served tenant who doesn’t appear doesn’t stop the case. The court tries it as though the tenant were there [14].
• Continuances: the court can delay the trial once for good cause. A second delay needs both sides’ agreement or extraordinary cause, and if it pushes the trial into the next rental period, the court can require the tenant to deposit the rent with the clerk [11].

Retaliation is a defense

A landlord can’t raise the rent, cut services or bring or threaten an eviction to retaliate against a tenant for complaining to a government housing or building code agency about a health and safety violation, or for joining a tenants’ union [9]. A tenant facing a retaliatory eviction has a defense and can recover the same damages as for an illegal lockout [9]. The protection doesn’t apply if the tenant is behind on rent, or caused the code violation [9].

Step 4: The writ of restitution

If the judge rules for the landlord, the court ends the rental agreement and, at the landlord’s request, issues a writ of restitution . It directs the sheriff or constable to restore possession to the landlord on a specified date no more than 10 days after the writ is issued [6]. The landlord has to follow Nebraska’s rules on property left behind [6].

Either side can appeal. A tenant’s appeal stops the writ only if the tenant deposits the judgment and costs with the clerk, or posts an appeal bond, and then pays the monthly rent into court while the appeal goes on [12].

Lockouts without a court order

Only a court can order an eviction. If a landlord unlawfully removes or excludes a tenant, or willfully cuts off electricity, gas, water or another essential service, the tenant can get back in or end the lease, and in either case recover three months’ rent plus reasonable attorney’s fees [8]. If the lease ends that way, the landlord has to return prepaid rent and the security deposit owed [8].

Your security deposit

A landlord can’t take a security deposit of more than one month’s rent, plus a pet deposit of up to one-fourth of a month’s rent [10]. After the tenancy ends, the landlord can keep what’s needed for unpaid rent and damages, but must send the rest with a written itemization within 14 days [10]. A landlord who willfully keeps a deposit in bad faith can owe the tenant up to one month’s rent or twice the deposit, whichever is less, on top of the deposit itself [10].

Where to get help

• Nebraska Judicial Branch self-help (nebraskajudicial.gov): its renter pages point tenants to LawHelp Nebraska, a site hosted by Legal Aid of Nebraska for low-income and other eligible Nebraskans [13].
• The county court clerk where the case is filed can explain procedures, but can’t give legal advice.
• A landlord-tenant attorney: especially if you’ve been locked out or face a 5-day notice.