Eviction Law in Nebraska
Getting an eviction notice—or needing to serve one—can stir up more than just legal questions. For Nebraska property owners, the situation often involves missed rent, broken lease terms, or unsafe conditions. These aren’t just paperwork problems; they’re real-life disruptions that can escalate quickly if not handled the right way.
If you’re in that position now, don’t guess your way through it. Our quick Nebraska eviction guide outlines exactly what you need to know. And if you need legal backup, we can help connect you with a qualified Nebraska attorney.
What Is an Eviction?
Eviction is the legal process of removing a tenant from a rental property, usually after a serious breach of the lease, most often for unpaid rent or ongoing rule violations. But while the reasons may be clear, the process itself can be anything but simple. Nebraska law lays out specific steps for landlords, and skipping any of them could delay your case or even get it thrown out.
It’s also worth noting that not every eviction notice ends with the tenant being forced out. In many cases, the notice acts as a wake-up call, giving the tenant a chance to fix the problem before things escalate. Whether it’s paying back rent or correcting a lease violation, tenants can often avoid eviction by acting quickly.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a Nebraska tenant regularly pays rent late or stops paying altogether, the landlord has a valid reason to begin the eviction process. While a single late payment might be overlooked, a consistent pattern of nonpayment erodes the rental agreement and can justify legal action.
Under Nebraska law, landlords may charge late fees—but only if those fees are clearly stated in the lease. The law doesn’t cap how much a landlord can charge, so it’s up to the lease agreement to set those terms.
That said, before moving forward with eviction for unpaid rent, the law gives tenants a 7-day grace period. If they pay in full within that time, you cannot proceed with removing them from the property.
As a best practice, always issue a written notice each time rent is late and keep a copy for your records. These documents create a clear paper trail in case the matter ends up in court. It helps establish that you made good-faith efforts to collect rent and gave the tenant proper warning before filing for eviction.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Your lease agreement isn’t just a formality—it’s a binding legal contract. If your Nebraska tenant violates any of its terms, you have the right to take action. That could include unauthorized occupants, long-term guests, or failing to follow property rules. If a tenant breaks those conditions, it’s reasonable to begin the eviction process with a formal notice.
It’s worth remembering that the lease protects both parties. Just as your tenant must uphold their responsibilities, so must you. Nebraska landlords are also expected to follow the terms they’ve agreed to, like completing repairs or maintaining shared areas. If you aren’t meeting your obligations, it may weaken your legal footing in an eviction case.
The Tenant Damages the Property
Some wear and tear is expected in any rental, from minor carpet stains to scuffed walls. But intentional or reckless damage is another story. If your tenant is causing serious destruction, like punching holes in drywall, damaging flooring, or breaking fixtures, you may be able to proceed with eviction.
However, not all damage automatically leads to removal. If the tenant handles repairs responsibly and avoids making unauthorized alterations, it may not justify eviction. Documentation and photos will be essential here. Keeping clear records will support your case if you end up in court.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your Nebraska rental for criminal activity—whether it’s drug distribution, weapons sales, or another illegal use—you may have immediate grounds to evict. These situations often require swift action, especially if the activity puts neighbors or the property itself at risk.
That said, any claim of illegal activity should be backed by evidence. Police reports, neighbor complaints, or direct documentation can strengthen your case. In serious cases, eviction might not be the only legal remedy—criminal charges may follow.
How to Evict a Tenant in Nebraska
Step 1. Check Your Local Laws
Eviction laws aren’t one-size-fits-all. In Nebraska, just like elsewhere, local statutes and city ordinances shape what landlords can and cannot do. Before serving an eviction notice, it’s critical to make sure you have a legally valid reason—and that you’ve followed the proper steps.
State law also outlines key tenant protections that landlords must respect. For example, a Nebraska landlord must give you legal possession of the rental at the start of the lease. If they don’t, you can terminate the agreement with just five days’ written notice—and get your prepaid rent and deposit back.
Landlords also can’t come and go as they please. Unless it’s an emergency, they must give you at least one day’s notice before entering the property.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to ignore the terms of your lease despite clear communication and reasonable efforts to resolve the issue, the next step is to issue a formal eviction notice. This notice should clearly lay out the specific lease violation, explain what needs to be corrected, and give the tenant one final opportunity to avoid legal action.
Make sure your notice includes the exact amount owed, if applicable, along with a firm deadline to either resolve the issue or vacate the property. If you’re not confident drafting this document, consider using a reliable template or consulting a Nebraska attorney to ensure the language holds up in court. A poorly written notice can delay the process, or worse, result in dismissal of your case.
In Nebraska, the formal process starts with a Notice to Quit. This document can be served either by the landlord or through the County Sheriff’s Office. If the tenant still refuses to leave, the landlord may request that the Sheriff’s Civil Division serve a Summons of Forcible Entry.
If the landlord prevails in court, a Writ of Restitution is issued, authorizing the Sheriff to remove the tenant. However, unless the court specifically orders it, the Sheriff won’t remove or dispose of the tenant’s belongings, so landlords should plan accordingly.
Step 3. File the Eviction with the Court
Once you’ve served a valid eviction notice and the tenant hasn’t corrected the issue, your next move is to file the eviction case with the court. In Nebraska, eviction lawsuits—also known as “forcible entry and detainer” actions—can be filed in either County or District Court.
Most landlords file with the County Court, especially if they’re only seeking possession of the property. However, if you’re also pursuing rent or damages exceeding $57,000, District Court may be more appropriate.
Step 4. Contact an Experienced Nebraska Eviction Attorney and Prepare for the Hearing
Before you step foot in a courtroom, it’s wise to consult with a Nebraska eviction attorney. An experienced lawyer can help you avoid procedural mistakes, build a stronger case, and prepare for what the court may ask. Showing up prepared is key—bring all documentation that supports your claim, including:
- A signed copy of the lease agreement
- Proof of rent payments (or lack thereof)
- Copies of any bounced checks
- Written communication between you and the tenant
- A copy of the eviction notice you served
- Evidence that the tenant received the notice (such as a return receipt or affidavit of service)
Step 5. Evict the Tenant
If the court rules in your favor, the judge will issue a Writ of Restitution—essentially giving the tenant a deadline to move out. In Nebraska, this period is typically just a few days.
If the tenant refuses to leave voluntarily, you can work with the sheriff’s office to enforce the order and remove the tenant from the premises.
Step 6. Collect Past-Due Rent Payments
Winning the eviction doesn’t guarantee you’ll recover unpaid rent. If your tenant still owes you money, you may need to take additional steps to collect. In Nebraska, landlords have several legal options available, including:
- Hiring a debt collection agency to pursue the balance
- Filing for a wage garnishment
- Garnishing the tenant’s tax refund
- Suing in small claims court to recover damages
Work with an Experienced Eviction Attorney in Nebraska
Tenants in Nebraska may claim you didn’t follow the correct process, or that your eviction notice wasn’t legally valid. Don’t let a technical misstep derail your case. A qualified Nebraska eviction attorney can walk you through each requirement and help protect your rights in court.
Having a qualified Nebraska attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Nebraska state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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