How Evictions Work in Nebraska
A renter's worst nightmare is falling behind on rent and facing eviction from the landlord. While Nebraska landlords can evict tenants, they can only do so for specific reasons and must follow procedures established by state law. Talk to a Nebraska attorney if you need legal advice about your rental eviction.
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Basis of Eviction
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A landlord can evict you if you violate the terms of your lease. Typically, evictions happen because the tenant has failed to pay rent, though the landlord can begin an eviction for any violation of the rental agreement. However, Nebraska also allows landlords and tenants to enter into a verbal lease. A landlord can terminate verbal lease at any time and must give you 30 days to vacate the property. This order to vacate is not an eviction and is not afforded the same requirements as an eviction.
Three-Day Notices
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Most evictions begin when the tenant fails to pay rent on time. When a Nebraska tenant fails to pay on time, the landlord sends the tenant a three-day notice, sometimes known as a "3-day notice to quit." This is a letter that states the landlord wants the rent within three days or he will terminate your rental agreement. The landlord can send you the letter through the mail, deliver it in person or leave it at your door.
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After Three Days
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If you pay the full amount of owed rent after three days of receiving the notice, your landlord cannot evict you. If you fail to pay or only partially pay, the landlord can terminate the lease and begin eviction proceedings. The landlord has to file a lawsuit in the county courthouse where the rental property is located. The lawsuit states that you have violated the terms of your lease and asks the court to remove you from the property.
Hearing
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The landlord must notify you a lawsuit has been filed and tell you the date when the hearing is scheduled. You have the right to attend the hearing and defend against the landlord's claims. If the landlord wins, the court will order you to pay the due rent, plus any late fees, and order the sheriff to remove you from the property.
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References
- Photo Credit Nebraska state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
