Eviction Process in Nebraska
An eviction process begins in Nebraska by the landlord sending either a three or 30 day notice to the tenet. The landlord often has the sheriff’s office serve this notice. However, there is no statute that dictates whether personal service is required versus hand written notice. When the sheriff’s department does the service, it can be either personal service, or tack notice (tacking a notice in a conspicuous place at the location).
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process in Nebraska
If the tenant is still in possession of the property at the end of the notice period, the landlord then has to file an eviction action in one of the courts available to them. This eviction action is called a summons or notice of suit. The sheriff’s department does the service for the summons. The summons contains a date time and place for the hearing (trial) and has to be returned back to the court within five days after it was issued. At the trial, a writ of restitution may be issued if the landlord wins. If the tenant wins, they are returned to good tenant status under the lease.
The writ of restitution tells the sheriff to remove the defendant’s belongings from the property and return the premises to the possession of the landlord. Sheriff departments attempt to obtain voluntary compliance from the tenant; failing that, they will execute the writ of restitution. The sheriff’s department prefers to remove the tenant individually and change the locks. This is instead of removing the personal property of the tenant from the residence.
Writs of restitution must be performed within 10 days of the issuance date. Once the writ has been issued, the landlord must deposit enough funds with the sheriff’s office to cover their costs and fees of service and execution. Once those funds have been received, the writ of restitution will be executed promptly.
The manner in which the sheriff’s department executes the right of possession is as follows. Sheriff’s deputies speak with the landlord or their attorney to determine a time and date for returning property to the landlord. The landlord has the ability to change the locks himself or the sheriff’s department will have a locksmith do the work but in either case, the landlord must be present at the time of the lockout to take possession. The defendant will be served a copy of the writ of restitution, either personally or by posting a notice on the property a three day notice is given to the tenant to leave the property. These three days ties into an act known as the Disposition of Personal Property Landlord and Tenant Act.
When the time of the lockout occurs, the deputies drive to the property and remove any occupants from the premises, telling them that they will be trespassing if they return to the property. Any property still in the unit will have to be removed by arrangement between property owner and tenant.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, click here.
See paragraph above for context of the notices below. The paragraph begins “The eviction Notice”.
Letter of Eviction Notice
3 Day Notice to Quit
Landlord 30 Day Notice
3 Day Eviction
30 Day Eviction
3 day Eviction Notice
3 Day Notice of Eviction
Tenant Notice to Vacate
Notice to Tenant to Vacate
End Tenancy Letter
30 day Notice of Eviction
Notice to Vacate letter
3 Day Notice to Vacate
Notice to Tenants
Letter of Eviction
30 Day Notice to Vacate
Lease termination letter
Notice to Evict letter
Notice to Vacate
Notice For Eviction
Notice to End Lease
For the eviction process in other states, click the link below