MAKE YOUR FREE Nebraska Eviction Notice
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What is a Nebraska Eviction Notice or Notice to Quit?
When to use a Nebraska Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- The lease or rental agreement has expired and the tenant has remained on the property.
- You want to terminate a month-to-month tenancy.Please Note:
- You may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Nebraska Eviction Notice
The terms in your document will update based on the information you provide
3 DAY NOTICE TO QUIT
, Nebraska
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Nebraska
PLEASE TAKE NOTICE that the tenancy dated
THIS IS INTENDED AS A THREE (3) DAY NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH NEBRASKA REVISED STATUTE § 76-1431(2).
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF NEBRASKA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
Dated:
By:______________________________
, , |
Nebraska Eviction Notice FAQs
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Can I legally evict a tenant for past-due rent in Nebraska?
Generally speaking, the answer is yes. You can use a Nebraska Eviction Notice (specifically called a 7-Day Notice to Quit) to kick off the process. That said, as a result of the pandemic, a few limitations and protections have been established for tenants who can't pay rent. While the eviction moratorium was struck down by the United State Supreme Court at the federal level, the state of Nebraska is able to maintain its own standards for residential evictions. Stay up to date with the consult a local lawyer , if you are unsure.
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Should a property owner use an Eviction Notice in Nebraska?
If you wish to evict tenants from your rental property, you are required to always give them a Notice of Eviction. Here are some reasons why you might need one:
- The tenant is continuously late to pay their rent or payments have fallen behind schedule
- The tenant creates a nuisance or disturbs the quiet enjoyment of their neighbors
- The tenant is using their unit illicitly
- The tenant violates the no-pets policy of your rental agreement
- The tenant gets a subletter in breach of the rental terms
- The tenant has caused considerable damage to the unit
Outside of these violations, a tenant generally may be evicted by their landlord for other reasons unrelated to their conduct, such as when the property owner needs to move in. Please note that the list presented above is not absolutely exhaustive and the legally acceptable reasons for evicting tenants can be different by city or municipality. If you've got any particular hesitations or questions with regard to Nebraska eviction laws, you can ask a lawyer.
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What is typically required in a Nebraska Notice to Vacate?
You can tap or click the "Make document" button to check out our Nebraska Eviction Notice sample. Generally speaking, the key details that you should plan to include in a Notice to Vacate for Nebraska are:
- The address and description of your property
- The legal name of each inhabitant
- How much time the tenant has to address the situation
- Which of the policies in the lease have not been upheld
- How much of the rent is currently overdue (if applicable)
If the tenants aren't at fault, you may want to provide more context. With the Rocket Lawyer document tool, you are able to implement more adjustments and edits, as well. You'll need to make sure that any policies and terms that you make note of are spelled out in the fully signed lease contract.
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How do Nebraska eviction laws affect me as a property owner?
Laws often change over time and the actual eviction process and restrictions can be somewhat complex for a first-timer. In some cases, there are different notice periods and other requirements based on what the reason is for the tenant's eviction and how long they have occupied the unit. As a result, it is recommended that all landlords consult an eviction lawyer when writing a Notice of Eviction to any tenant.
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Can I draft a Nebraska Eviction Notice form online?
With Rocket Lawyer, your Nebraska Eviction Notice will be tailored to you. Simply click on the button labeled "Make document" and respond to a few questions. This method, in many cases, will be much less time-consuming than working with the average law firm.
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On average, how much would I usually need to pay to evict a tenant in Nebraska?
The fees associated with working with a lawyer to generate a Notice of Eviction could be between a few hundred dollars per hour and thousands. Unlike many other eviction template websites that you might find, Rocket Lawyer offers Premium membership holders up to a 40% discount when hiring a lawyer, so an Rocket Lawyer network attorney can act on your behalf if you proceed with a lawsuit. If you want to know what the total cost of an eviction might be, you'll need to take into consideration the cost of filing court documents, lawyer fees, the value of unrecovered payments, storage or cleaning fees, and the time and money you will spend on finding a new tenant.
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How much time does the Nebraska eviction process normally take from start to finish?
The length of the eviction process for Nebraska renters will usually depend on the notice period required, along with the overall volume of lawsuits being held at the same time. Below, you'll find a basic overview of Nebraska notice periods:
- Rent-related: 7-day notice
- Rental contract violations: 14-day notice to fix the issue or 30 days to move out
- No direct fault: 30-day notice
When the notice period is over, the actual eviction can still take anywhere from 3 weeks to 2 months. It is important to note that in certain types of housing, for instance where rent is subsidized by the government, the mandatory notice period may be even longer.
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Do I need to work with an attorney when evicting someone in Nebraska?
While you can opt to create a Notice to Vacate without assistance, many landlords who go to court are represented by a lawyer. Hiring a legal professional to review your Nebraska Eviction Notice can be fairly time-intensive. A more cost-effective way to double-check your document is via attorney services at Rocket Lawyer. If you become a Premium member, you can get your document reviewed or ask specific legal questions. Whether you decide to create additional copies of your NE Eviction Notice or other documents for property owners, we'll be by your side.
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Am I required to do anything else after I write a Notice of Eviction/Notice to Quit in Nebraska?
Upon completing a Nebraska Eviction Notice with Rocket Lawyer, you'll be able to review it anytime, on any device. You also can engage with the document by making edits, downloading it in PDF format or as a Word document, printing it out, and/or making copies of it. You must sign it before serving it on the tenant. You have a few different options available for serving the notice:
- Deliver it by hand
- Use a third-party process server
- Send it through certified mail with a return receipt
It is important to remember that "self-help" evictions are illegal in Nebraska. Property owners shouldn't shut off utilities and services, change the locks, remove belongings, or attempt to intimidate tenants in any way to force them out. Acting lawfully leading up to and throughout the eviction process will give you the best chance of removing tenants successfully under a court order.