Posted in Blog  
  on Sep 01, 2015

What is the Eviction Process in Nebraska

In order for the eviction process in Nebraska to begin, a written notice is required to be given to a tenant. Depending on the violation, this notice may either be a 3 day notice or a 30 day notice. The 3 day notice is reserved exclusively for the non-payment of rent. All other rental agreement violations are covered by the 30 day notice, including a refusal of legal entry to the rental unit. Although it is a 30 day notice, tenants are given 14 days to come back into compliance with the lease. In Nebraska, the Sheriff's office will serve the eviction notice. It may be served in person, left with an individual at the rental property who is of a proper age, or posted in a conspicuous place on the property at the deputy's discretion. The notice must include information about how the violation can be cured.

What Is the 14 Day Notice in Nebraska?

If a tenant has been served a 30 day notice once in the last 6 months and the same violation has occurred once again, then a landlord may instead serve a 14 day notice to the tenant. This notice grants the landlord a right to immediately terminate the lease by specifying what lease requirements were violated a second time. The date of lease termination must be given on this notice. There are certain reasons why a landlord cannot evict a tenant. Having children while under a rental contract, a change of religion, gender, and other discriminatory actions provide tenants with an active defense during the eviction process if they can show the actions of the landlord are related to these circumstances. A tenant does not have to move out, however, should the 3, 14, or 30 day notice expire without the obligations being met. If the tenant does not move out, a landlord must move to the next step of the eviction process in Nebraska.

What Is the Petition For Restitution?

If tenants fail to move out, a landlord must file a Petition for Restitution with their local district or country clerk. The petition requires the landlord to outline their case against the tenant who is refusing to move out of a rental unit. A presentation of the facts and a description of the property of the question are required. If the eviction notice did not meet the standards of the landlord/tenant laws in Nebraska, then the Petition for Restitution may be refused. Landlords must also file a summons and complaint regarding the situation with the court. This will create a time and place for a trial regarding the eviction. Tenants are served within 3 business days of the summons and complaint being filed by the Sheriff's office upon landlord request or a process server may be used. The trial cannot be held more than 14 days after the summons has been issued and either party can request a jury trial. Tenants have the right to request a trial continuance. The continuance will be a maximum of 7 days if granted an tenants must provide a surety bond and show cause for need to make the request.

 

What Happens At the Trial?

Tenants may choose not to appear at a trial in Nebraska. This will not create a default judgment as landlords are required to present their case. Tenants that do appear may testify on their own behalf and present evidence of their case. It is possible for a tenant to win in court even if they should not appear to defend themselves. If the landlord does prevail, the the court issues a declaration that the lease has been terminated. The landlord may then request a Writ of Restitution. This gives the Sheriff's office or designated law enforcement official the right to enter the unit and restore it to the landlord's possession. Tenants have 10 days to vacate, but only 3 days to actually move. In Nebraska, law enforcement officials will not remove any remaining property. A vendor must be contracted to perform this function. Tenants are physically removed if necessary and advised that any return would constitute trespassing. Officials will not enforce an eviction order on the weekend or on a holiday. Monetary awards are separate from the eviction process. Never attempt any self-eviction methods as this can harm the legal case. By following these steps, it becomes possible to reclaim a rental unit from a tenant who is unable or unwilling to pay rent or follow the rules outline in the lease.


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