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How to Evict a Tenant In Nebraska (7 Steps)

Evicting a tenant in Nebraska is initiated by landlords selecting one of three eviction notices which are used to cover five different circumstances that may call for eviction. In each instance, the appropriate eviction notice is used as a necessary step before landlords may pursue eviction in County Court, where they will need to obtain a writ of restitution in order to have a tenant removed from a property. 

Laws – Uniform Residential Landlord-Tenant Act

How to Evict

Step 1: Send an Eviction Notice

Eviction notices must be delivered by hand to the tenant or mailed to their known (or last known) place of residence.1

  • Non-Payment of Rent (7-Day Notice to Quit) — In Nebraska, weekend days are included in a tenant’s eviction notice deadline, giving them 7 days to pay rent after receiving written notice by the landlord of nonpayment. If the rent isn’t paid in that time, the landlord may terminate the lease2
  • Non-Compliance (14/30-Day Notice to Quit) — If a breach of the lease agreement occurs in which the tenant makes waste, is affecting the health and safety of others or there is material noncompliance by the tenant, the landlord must give written notice of the acts that constitute their breach. The rental agreement will end in 30 days if the tenant does not cure the violation within 14 days. If a second offense occurs within 6 months, the landlord may terminate the rental agreement within 14 days of delivering a second notice.3
  • Month-to-Month (30-Day Notice to Quit) — Both the landlord and the tenant are required to give the other party 30 days notice if they wish to end a month-to-month rental agreement.4
  • Illegal Activity (5-Day Notice to Quit) – When the tenant commits illegal activity they may be served an incurable 5-day notice.3

Step 2: Wait to Hear from the Tenant 

Many evictions can be avoided within the given notice period, as the tenant may cure the violation, or in instances of non-payment, pay the amount due before their deadline. If the notice period expires, the landlord may then choose to proceed with the eviction. 

Step 3: File In Court 

  • Average Processing Time:  10-14 days5
  • Fees: $836
  • Where to File: County Court

Forms to File: 

  • Complaint and Summons, each of which can be obtained from court

Step 4: Serve the Tenant

Landlords may elect to have the complaint and summons delivered by certified mail, otherwise, the sheriff, a person certified by the state, or any other person not a party to the case must deliver it to the tenant in person.7

If certified mail is the chosen method of service, it should be sent by either the plaintiff (the landlord) themselves or by their attorney. 

Step 5: Attend a Hearing 

Eviction hearings will be held no less than 10 and no more than 14 days after the summons was issued.8

Defendants may argue that the landlord attempted self-help methods to obtain the property before the hearing, in which the tenant will be allowed by the court to recover possession of the property and rewarded an amount equal to three months’ periodic rent as liquidated damages as well as attorney’s fees.9

This same defense may apply to the landlord’s responsibilities to maintain a fit premises10, where a landlord’s failure to comply may result in the tenant suing for damages equal to the diminished value of the rental property.11

Step 6: Obtain a Writ of Restitution 

If the court rules in favor of the landlord, they will issue a writ of restitution outlining procedures for the sheriff to restore the premises to the owner. 

The ruling acts as the tenant’s final notice to remove their belongings from the property. Although Nebraska state law doesn’t specify how long tenants have to vacate, a writ must be executed and returned to the court within 10 days from being issued.12

Step 7: Repossess the Property

Once the sheriff and landlord have scheduled a date and time to take possession of the property, the sheriff will also issue 72 hours notice whenever possible for the tenant to remove their belongings. Once the sheriff and landlord arrive to take possession of the property, the tenant will be informed of any trespassing violations they may be subject to should they return. Deputies or sheriffs will also not take part in moving any of the tenant’s belongings on or from the property unless ordered by the court.12

Video: Evictions in Nebraska


  1. § 76-1413
  2. § 76-1413(2)
  3. § 76-1431
  4. § 76-1437(2)
  5. http://www.keithcountyne.gov/residents/landlord-tenant_eviction_process.php
  6. https://supremecourt.nebraska.gov/rules/administrative-policies-schedules/fees
  7. § 25-506.01
  8. § 76-1446
  9. § 76-1430 
  10. § 76-1419
  11. § 76-1427
  12. https://www.lancaster.ne.gov/402/Eviction-Policy