How to Evict a Tenant in Nebraska: Laws, Process, and Timeline
Nebraska Eviction Timeline 2026: Nonpayment Notice Is 7 Days, No Matter the Lease Type
Nebraska’s Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. §§ 76-1401 to 76-1449, runs the eviction lawsuit as an action for possession, started with a complaint for restitution filed with the clerk of the district or county court (§ 76-1441).
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent | 7 calendar days, regardless of whether the tenancy is week-to-week, month-to-month, or a fixed lease | Neb. Rev. Stat. § 76-1431(2) | Yes — the landlord can terminate only if the tenant fails to pay within the 7 calendar days after the written notice |
| Lease violation, or noncompliance with § 76-1421 materially affecting health and safety | 14 days to cure; the agreement terminates on a date at least 30 days after the notice if it isn’t cured | Neb. Rev. Stat. § 76-1431(1) | Yes, within the 14 days |
| Repeat violation of the same issue within 6 months | At least 14 days, without a second cure opportunity | Neb. Rev. Stat. § 76-1431(1) | No |
| Violent criminal activity, illegal sale of a controlled substance, or other activity threatening the health or safety of other tenants, the landlord, or staff | 5 days, unconditional | Neb. Rev. Stat. § 76-1431(4) | No — the statute specifically removes the right to cure for this ground, though § 76-1431(5) bars using it against a tenant when someone else did it and the tenant sought a protective order, reported it to police, or obtained domestic-violence certification |
| No-cause, month-to-month | 30 days before the periodic rental date named in the notice | Neb. Rev. Stat. § 76-1437(2) | N/A |
| No-cause, week-to-week | 7 days | Neb. Rev. Stat. § 76-1437(1) | N/A |
Some guides split the nonpayment notice into 7 days for a month-to-month tenancy and 3 days for a week-to-week one. Section 76-1431(2) as it reads today draws no such line: seven calendar days after written notice, for every tenancy type. The 14-day cure / 30-day termination structure for a general lease violation is also accurate as written — Nebraska’s statute genuinely stacks the two periods in a single notice, and the second occurrence within six months drops the cure but still carries at least 14 days.
The Court Process
- File. Once notice runs without payment or cure, the landlord files a complaint for restitution stating the specific statutory authority relied on, the facts with particularity, a description of the premises, and compliance with the Act’s notice rules; a case under § 76-1431(4) also has to describe the incident or incidents behind it.
- Serve. The summons must be served within 3 days of issuance, excluding nonjudicial days, and is returnable within 5 (§ 76-1442).
- Hearing. Trial is held not less than 10 nor more than 14 days after the summons issues, before a judge without a jury (§ 76-1446); a first continuance needs good cause, and a later one needs agreement or extraordinary cause (§ 76-1443).
- Judgment. A landlord who prevails gets restitution of the premises and a declared forfeiture of the rental agreement.
- Writ and removal. On request, the court issues a writ of restitution directing the constable or sheriff to restore possession on a specified date no more than 10 days after the writ issues (§ 76-1446).
What This Costs
This page doesn’t quote a filing figure. The clerk of the county or district court where the complaint for restitution is filed can give the current filing fee and the sheriff’s or constable’s service charge. Attorney’s fees are not automatic in a Nebraska possession case: the Act awards them in specific situations, such as a willful tenant noncompliance under § 76-1431(3) or a willful, bad-faith holdover under § 76-1437(3).
What a Landlord Cannot Do
Locking a tenant out or cutting off electric, gas, water, or other essential service triggers § 76-1430: the tenant can recover possession or end the lease and collect three months’ periodic rent as liquidated damages plus a reasonable attorney’s fee. Section 76-1439 adds a retaliation bar: a landlord may not raise rent, decrease services, or bring or threaten an action for possession because the tenant complained to a government housing-code agency about a health-and-safety violation or joined a tenants’ union. The statute sets no time window and no presumption, and it still lets a landlord sue for possession when the tenant is in default on rent.
Frequently Asked Questions
Does a week-to-week tenant in Nebraska only get 3 days’ notice for unpaid rent? No. Current law under § 76-1431(2) gives every tenant, regardless of tenancy type, 7 calendar days after written notice before the landlord can terminate for nonpayment.
Can a Nebraska landlord skip the cure period entirely? Only in two situations: a repeat of the same violation within 6 months, or violent criminal activity, illegal drug sales, or other conduct threatening health or safety, which gets a 5-day notice under § 76-1431(4) with no right to cure at all.
How long before a Nebraska eviction for a lease violation actually terminates the tenancy? The notice gives 14 days to fix the problem, but the agreement doesn’t terminate until at least 30 days after the notice was received — the two periods are stacked, not the same window.