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.
The eviction notice must be clear and compliant with Nebraska laws:
Violation Details: Specify the exact reasons for the eviction, whether it's due to unpaid rent, lease violations, or unlawful occupancy. Reference the relevant lease terms or state laws.
Notice Period: Clearly state the timeframe within which the tenant must resolve the issue or vacate the property. In Nebraska, this is 3 days for non-payment of rent and 14 days for lease violations, calculated in calendar days.
Notice Delivery Methods:
Certified Mail: Send the notice via certified mail with a return receipt.
Personal Delivery: Hire a licensed process server or sheriff's office to personally deliver the notice to the tenant or a family member over 14.
Posting: If personal delivery attempts are unsuccessful, visibly post the notice on the rental property.
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.
Filing the Lawsuit: Submit the complaint form and necessary documents, including the lease agreement and proof of notice delivery, to the appropriate county court and pay the filing fee.
Preparing for Court: Gather evidence, arrange witnesses, and ensure all documentation is ready for the hearing. This includes the eviction notice, evidence of lease violations, and any tenant communication.
Step 3: Court Hearing and Judgment:
The eviction hearing will take place before a judicial officer. Attend the court hearing on the scheduled date. Present your case, including proof of non-compliance and lease violations. The judge will consider arguments from both parties and issue a ruling. If the judge rules in your favor, the writ of restitution will be issued.
Step 4: Issuance of the Writ of Restitution
After obtaining a favorable ruling, landlords must:
Execute the Eviction Order: If the judge rules in favor of eviction, they will issue a Writ of Restitution. Contact the sheriff's office to carry out the eviction and regain possession of the property, usually within 10 days.
Handle Tenant's Belongings: Follow legal procedures for dealing with any tenant belongings left behind, including proper storage for 7 days and notification before disposal.
Special Considerations
Landlords should be aware of special protections and considerations:
Public and Rental Assistance: Tenants receiving Section 8, other public assistance, or supplemental security income may have additional legal protections related to eviction notices and proceedings.
Bankruptcy: If a tenant files for bankruptcy, it may trigger an automatic stay that temporarily halts the eviction process. Additional legal steps may be required.
Domestic Violence: Nebraska provides certain eviction protections for tenants who are victims of domestic violence, such as early lease termination rights.
Tips for Landlords
To minimize the need for eviction:
Conduct Thorough Tenant Screening: Perform background checks, verify income and employment, and contact previous landlords to select reliable tenants.
Foster Open Communication: Build positive relationships with tenants and address concerns promptly to prevent escalation of issues.
- Maintain Detailed Records: Keep meticulous records of rent payments, maintenance requests, lease violations, and all communication with tenants.
How Aksarben Property Management Can Assist You
At Aksarben Property Management, we offer comprehensive support to landlords navigating the eviction process in Nebraska. Here's how we can help:
Evaluate and Handle Eviction Grounds: Determine valid reasons for eviction, such as non-payment of rent or lease violations, and prepare and serve accurate eviction notices that comply with state laws.
File and Manage Court Documents: Prepare and file necessary documents with the appropriate county court, handle court costs and filing fees, and manage any appeals or new trials if required.
Prepare for and Attend Court Hearings: Organize evidence and documentation for the hearing date, ensure readiness for interactions with the judge, and represent your interests in court.
Execute Eviction Orders: Coordinate with the sheriff's office to execute Writs of Restitution and regain property possession. Manage tenant property left behind, including proper storage and lawful disposal.
Address Special Considerations: Navigate issues related to public assistance, domestic violence protections, or tenant bankruptcy, and provide guidance on landlord obligations in these situations.
Provide Expert Advice and Support: Offer ongoing guidance and answers to any questions throughout the entire eviction process to ensure all legal requirements are met.
For expert assistance with eviction and property management, contact Aksarben Property Management. We ensure a smooth and efficient process for managing your rental property and handling tenant evictions in full compliance with Nebraska laws.