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Eviction Process: When Can You Serve an Eviction Notice in Nebraska?

Eviction Process: When Can You Serve an Eviction Notice in Nebraska?

Rental properties might be a popular investment choice right now. But it's not always smooth sailing.

Sometimes, things can turn sour, like when a tenant fails to pay you rent. It's a growing problem in Nebraska, with eviction rates on the rise this year.

Fortunately, Nebraskan state law can provide a helping hand. Here is how to evict a tenant, including the steps, timescales, and when you issue an eviction notice in Nebraska.

Understand the Legal Grounds for an Eviction Notice in Nebraska

State law governs evictions. You'll need to understand the latest law in Nebraska before pursuing an eviction process.

In this state, you must have specific grounds for an eviction. The most common reason is non-payment of rent. You can also evict someone who breaks specific written terms in your lease, like pet ownership.

More common causes include excessive noise or illegal activities on the premises.

But like with any state laws, these change all the time. So, before starting an eviction proceeding, check your lease agreement and current state regulations.

Evictions and Notice Periods

Tenants have a right to a notice period before you can evict them. This period is a chance for the tenant to remedy the situation before leaving their home.

For example, if you are evicting for non-payment of rent, it gives your tenant time to pay the debt to avoid an eviction.

Notice periods are also set at the state level and covered by the law, so you must abide by these rules when giving notice.

In Nebraska, you must give tenants at least seven days' notice for a non-payment of rent breach.

If they have broken specific tenancy rules, you must offer a 30-day notice period. However, the tenant must rectify the breach within 14 days of that notice.

The Eviction Process

The eviction process begins with the landlord issuing a formal eviction notice. This includes a timescale for the tenant to remedy the situation. If they fail to comply, the next step is for the landlord to go to law.

That means filing an unlawful detainer lawsuit. Both parties will present their case during the hearing, and a judge will rule.

If the landlord wins the case, the tenant will get an eviction order from the courts to remove them from the property.

Tenant Rights In Nebraska

The law protects tenants, so always familiarise yourself with their rights. These rights will be their defense if you don't follow due process during an eviction proceeding.

In court, a tenant has a chance to challenge an eviction. It's worth providing evidence to support your case. For example, if you are evicting on the grounds of property damage, show photos of the damage.

Nebraska Eviction Laws: Protecting Your Property

Evictions are never fun for tenants or landlords and should always be a last resort. However, it's a vital protection for you and your property. When launching an eviction notice in Nebraska, ensure you have the law on your side.

If you need help with evictions and other tenant issues, contact our team at Aksarben Property Management to discover more about our landlord services.