By Type
Pay or Quit – This notice is used when rent has not been paid on time. It informs the tenant that payment is overdue and must be resolved to avoid eviction. If the balance remains unpaid, the landlord may move forward with legal action.
Cure or Quit – A Cure or Quit notice is sent when a tenant violates a lease rule unrelated to rent. It explains what part of the lease was broken and gives the tenant an opportunity to fix the issue. If the problem continues, eviction may follow.
Termination of Month-to-Month Tenancy (30-Day Notice) – This notice is used when a landlord decides to end a month-to-month rental arrangement. It gives advance notice so the tenant has time to plan a move. No lease violation is required.
Notice to Quit for Illegal Activity – Issued when illegal conduct occurs at the rental property. These notices often do not allow the tenant to correct the issue and may move directly toward eviction.
Eviction Laws
- Rent Grace Period: 7 days.[1]
- Non-Payment of Rent: 7 days.[1]
- Non-Compliance: 14 days.[2]
- Illegal Activity: 5 days.[3]
- Substantial Damage to Property: 5 days.[3]
- Termination (Month-to-Month Lease): 30 days.[4]
- Eviction Lawsuit Type: Uniform Landlord and Tenant Act / Forcible Entry and Detainer.[5]
- Utility Shutoff – Nebraska law strictly forbids landlords from intentionally interrupting essential services such as electricity, gas, or water to force a tenant out. A tenant may recover up to three months’ rent in damages for this violation.[6]
- Changing the Locks – Locking a tenant out or otherwise excluding them from the rental unit without a court order is illegal. Tenants subjected to unlawful exclusion may also recover up to three months’ rent in damages.[6]
How to Evict a Tenant in Nebraska (Step-by-Step)
Step 1: Provide Proper Notice
Before filing anything in court, the landlord must give written notice that clearly states the violation and the deadline to comply or vacate.
Step 2: File a Complaint and Summons
If the tenant does not comply within the notice period, the landlord may file a Complaint and Summons for Restitution of Premises in County Court. The filing fee is $50.[7] After filing, the landlord should arrange for the sheriff to serve the complaint and summons on the tenant.
Step 3: Obtain a Writ of Restitution
If the court rules in favor of the landlord and the tenant still does not move out, the landlord may request a Writ of Restitution. This document authorizes the sheriff to physically remove the tenant and return possession of the property to the landlord.
Court Forms & Resources
- Complaint and Summons for Restitution of Premises – Filed by the landlord to start a forcible entry and detainer case after a tenant fails to comply with a valid notice to quit. The summons must be served on the tenant once a hearing date is set.
- Writ of Restitution – Issued by the court after judgment, authorizing the sheriff to remove the tenant if they do not vacate voluntarily.