A Nebraska eviction notice is better known as a notice to quit. Regardless of its name, the document is created by the landlord or their agent to inform the tenant that they’ve violated their rental agreement. It will give the tenant a certain amount of time, depending on why the eviction notice was issued, to either correct the violation or vacate the property. Nebraska eviction notices must comply with the state’s landlord-tenant laws.
Eviction notices must give the tenant enough information to understand what they need to do and by when they need to do it. The components include:
Let’s take a moment to talk about service. Service is a legal process. In Nebraska, the landlord may choose to either deliver the notice personally to the tenant or send the eviction notice through certified mail with return receipt requested.
3-Day Notice to Quit for Non-Payment of Rent
A 3-day notice to quit for non-payment of rent is used to alert the tenant to the fact that they did not pay their rent on time. It gives the tenant three days to pay the full amount past due or vacate the property (§ 76-1431(2)).
This eviction notice should include the full amount past due, the date by which it must be paid, how it may be paid, and where it must be paid.
14-Day / 30-Day Notice to Quit for Non-Compliance
A 14-day / 30-day notice to quit for non-compliance is used when the tenant violates the lease in some way. The reason it is known as a 14-day / 30-day notice to quit is because the tenant is given 14 days to correct the problem or 30 days to vacate the property (§ 76-1431).
This notice should clearly explain the violation that took place. It should give the date by which the violation should be corrected (14 days) and the date by which the tenant should vacate the property should they choose to do so (30 days).
30-Day Notice to Vacate for Month-to-Month Tenancy
A 30-day notice to vacate for a month-to-month tenancy isn’t exactly the same thing as an eviction notice because the tenant doesn’t have to violate the lease to get one. In fact, either the landlord or the tenant may create this notice. Of course, if the tenant refuses to vacate the property if the landlord provides them with this notice, the landlord may begin the legal eviction process. This notice should give the date by which the property should be vacated (30 days). This notice is subject to § 76-1437.
In Nebraska, eviction notices are the first step that must be taken before the landlord can file a lawsuit against the tenant. However, not all evictions are legal. Some landlords choose to ignore the legal necessity of creating and properly serving an eviction notice. Instead, they may decide to change the looks, turn off the utilities, or remove the tenant’s belongings. These methods are referred to as “self-help eviction.” Unless the landlord has a court order, they may not replace the locks, tamper with the utilities, or remove the possessions of the tenant. If they do, they could be sued by the tenant.
It’s also illegal for the landlord to evict someone for their actual or perceived race, color, religion, home country, gender, disability, or family status (this includes pregnancy and minor children). The landlord may not evict the tenant if the tenant reports uninhabitable conditions or code violations on the property.
Receiving an eviction notice is a scary experience. Read it in full to figure out why it was issued, what you need to do to correct the problem, and the deadline by when you need to take action. You cannot be legally evicted because of your race, skin color, religious beliefs, your home country, your gender, your disability, or your family status (including the presence of a minor child or a pregnancy). You also cannot be evicted for reporting code violations or reporting that the property is uninhabitable. You have the right to inhabitable property as a tenant.
You can call your landlord if you have any questions about the eviction notice. If you have questions about the eviction process or if you think that the eviction is illegal, you should talk to a lawyer who practices in landlord-tenant law. They can explain your rights and let you know whether you may have a legal claim against the landlord. You can also contact Creighton University School of Law or University of Nebraska College of Law and ask if they have a legal clinic. A Legal clinic provides low-cost legal help to the public. You can also check with Nebraska Legal Aid. If you meet their income requirements, you may be given free or low-cost legal representation during the eviction process. They will also have other helpful resources that tenants can use even if they don’t qualify for legal assistance.
Nebraska landlords are required to adhere to landlord-tenant laws in the state. It’s important to ensure that the eviction notice has the right components and that it is legally served. Landlords may not evict a tenant for discriminatory reasons or because they reported the property for code violations. The eviction notice must be served before a landlord can sue the tenant. This is important because unless the landlord gets a court order, they may not change the locks, turn off the utilities, or remove the belongings of the tenant from the property.
If you’re a landlord and you’d like to learn more about your rights, your obligations, or the eviction process in Nebraska, make an appointment to speak with a landlord-tenant lawyer.