Landlords file around 3.6 million eviction cases every year. But while eviction statistics are a nationwide concern, the specifics of eviction procedures can differ widely from one state to another.
Evicting tenants in Nebraska can be a challenging and delicate task. If done the wrong way, it can lead to legal repercussions. To protect yourself and your property, you need to be well-informed about the state's eviction laws.
This will help you navigate the process of removing tenants legally and efficiently. Below is a comprehensive guide that explores all you need to know about Nebraska eviction laws.
Grounds for an Eviction in Nebraska
Nebraska law allows landlords to evict tenants for specific reasons. You can evict your tenants on a number of grounds. These include:
Eviction for Nonpayment of Rent
As a landlord, you can start the eviction process due to late rent. However, you must serve the tenant a 7-day late rent notice to quit. This gives the tenant an opportunity to pay the overdue rent or vacate the property.
Eviction for No Lease or End of Lease
You can evict a tenant if they're living on the property without a lease or after the end of the lease. To do so, you must provide the tenant with a 30-day notice to move out.
Eviction for Violation of Lease or Responsibilities
Has your tenant breached the terms of your lease? Or failed to fulfill their responsibilities under the landlord-tenant law?
You can start the eviction process. But first, you need to serve the tenant a 30-day notice to comply or vacate. This gives the tenant a chance to rectify the violation within 14 days or vacate the premises within 30 days.
Eviction for Repeat Lease Violation
If a tenant repeats a similar lease violation within a six-month period, you can evict them. Ensure you serve the tenant a 14-day notice to vacate.
Eviction for Illegal Activity
You can initiate an eviction if a tenant engages in illegal activities on the property. The landlord must provide the tenant with a 5-day notice to vacate. The tenant does not have a chance to correct the violation.
Illegal Evictions in Nebraska
Some eviction practices are illegal in Nebraska. If you unlawfully evict a tenant, you may be held accountable. These include the following.
Self-Help Evictions
You should not forcibly evict tenants by changing locks, shutting off utilities, or removing their belongings. You need to follow the right process discussed below.
Retaliatory Eviction
Tenants can exercise their rights by complaining about housing code violations or joining a tenant's union. Evicting a tenant as a response to them exercising their legally protected rights is illegal. This retaliatory eviction can lead to lawsuits.
How to Evict a Tenant in Nebraska
The eviction process in Nebraska involves several steps. Ensure you follow each step correctly to avoid any delays or legal complications:
Step 1: Serve the Notice to Tenant
Serve your tenant with a written notice. You can deliver the notice in person or by certified mail with a return receipt.
Step 2: Landlord Files Lawsuit with Court
If the tenant fails to comply with the notice, the landlord must file a complaint in the appropriate court. You will have an eviction hearing 10-14 days after the issuance of the summons.
Step 3: Court Hearing and Judgment:
The eviction hearing will take place before a judicial officer. If the judge rules in your favor, the writ of restitution will be issued.
Step 4: Issuance of the Writ of Restitution
The writ of restitution is the tenant's final notice to move out of your property. A law enforcement officer can remove your tenant within ten days of the writ's issuance.
Follow the Appropriate Nebraska Eviction Laws
Abiding by Nebraska eviction laws ensures that you are in full legal compliance. This protects you from potential lawsuits or counterclaims by the tenant.
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