Nebraska Tenants' Rights in Evictions
Nebraska tenants are protected against landlord eviction except for a few specific circumstances, such as staying in the home after a lease has been terminated, missing rent payments and failing to follow all legal lease clauses. The Nebraska eviction process has several opportunities for the tenant to either fix the problem or minimize damage down the road.
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Eviction Reasons
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A Nebraska tenant has the right to use his property and not be evicted without cause. The eviction cause has to be clear-cut and not due to any sort of discrimination or retaliation purposes. Nebraska's landlord tenant statutes permit evictions in the event of rental nonpayment, lease noncompliance and holding over after a lease ends. In most cases, the tenants get evicted due to falling behind on rental payments.
Termination
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A Nebraska rental agreement is terminated prior to the landlord filing an eviction lawsuit. The length of notice before the termination goes into effect is dependent on the specific eviction reason. Nonpayment evictions have a three-day period before termination, while all other reasons use 30 days' notice. The notice is not filed in court, and may be hand delivered by the landlord directly. Proper service is required for this step in the eviction, as it informs you of the eviction as well as any action you can take to stop the process from going further.
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Process
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The Nebraska landlord is legally able to file the eviction lawsuit at the conclusion of the notice period. A complaint form and summons form are used to file the eviction suit. The hearing is scheduled at that time, and it cannot be any sooner than 10 days after the summons and no more than 14 days. The eviction trial usually consists of a single hearing, unless the circumstances are quite out of the ordinary.
Possession
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Should the tenant ignore a judgment that has gone against him in eviction court, the landlord gets a writ of restitution to give to the sheriff. This writ authorizes the sheriff for a physical eviction at the subject property. The tenant is then physically removed from the home, followed by his personal property.
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