What You Need To Know About Eviction in Nebraska

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A Nebraska landlord can’t just evict a tenant on a whim. Nebraska eviction laws state that landlords can only evict tenants for certain reasons, and landlords must follow the proper steps to do so legally.
Even if you’re currently in good standing with your landlord, it helps to know Nebraska landlord-tenant and eviction laws. The more you understand about your rights as a tenant ahead of time, the more prepared you’ll be to defend yourself if you ever do find yourself facing a potential eviction.
That’s why Jerry, the super app that helps you find savings on car and renters insurance, is here to give you a rundown on Nebraska eviction laws and some tips and resources that could help you avoid eviction.
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Nebraska eviction 101: three ways you can be evicted

The Uniform Residential Landlord and Tenant Act dictate the requirements and responsibilities of both landlords and tenants in Nebraska. 
For a legal eviction, Nebraska eviction laws require that your landlord must provide you with a proper written notice giving you a certain amount of time to correct a problem when possible. If the issue is adequately addressed in time, the lease agreement won’t terminate.
The following are reasons tenants can be evicted in Nebraska:
  • Nonpayment of rent: Requires a seven-day notice that the lease will terminate in 30 days, allowing the tenant to pay the amount of rent due within that notice period to avoid eviction
  • Violation of lease agreement: Requires at minimum a 14-day notice that the lease will terminate in 30 days—and the opportunity to correct the problem, like repairing or paying for damages caused by the tenant, within those 14 days
  • Illegal or hazardous activity: If illegal activity on the rental property has occurred, like a violent incident or the manufacturing or selling of illegal drugs, or a tenant’s activity presents a hazard to other tenants’ health and safety, a landlord only needs to give a five-day notice without the right to correct the problem to avoid eviction
For repeat violations that have occurred within the last six months, as long as the tenant was previously notified about the issue, a landlord must provide 14 days’ notice.
If a landlord doesn’t have legal cause to evict you but doesn’t want you to continue living on their rental property, they might choose not to renew your lease once the term has expired. Whether they’ll be required to give you notice depends on what type of lease you have:
  • Week-to-week lease: Requires at least seven days’ notice
  • Month-to-month lease: Requires at least 30 days’ notice
  • Fixed-term lease: Notice of nonrenewal generally isn’t required in Nebraska, but check the details of your lease agreement and check in with your landlord as your lease end date approaches. 
After the required notice period closes, if the problem hasn’t been remedied, your landlord will likely be able to proceed with filing an eviction lawsuit.
Pro Tip Landlord-tenant laws are complicated—not to mention that they can vary from state to state and can be subject to change—so don’t hesitate to seek out legal counsel if you need it for your particular situation.

A timeline of eviction in Nebraska

Exactly how much time does the legal eviction process take in Nebraska? While different factors can affect how long an eviction takes from start to finish, here’s what a typical eviction timeline looks like in Nebraska:
StepHow long it typically takesWhat to expect
Written notice from landlordTypically 5-30 days, depending on circumstancesLandlord will issue written notice requiring action within a certain period
Summons and ComplaintThree daysOnce an eviction lawsuit has been filed, an authorized person will serve you with papers going over the details of the case
Hearing10-14 days after summons issuedA hearing will occur and a judge will evaluate the landlord’s and tenant’s arguments.
Writ of RestitutionVariesIf the judge sides in favor of the landlord, a writ of restitution can be issued. The tenant will be given a deadline to vacate the property.
EvictionTypically 10 daysIf the tenant doesn't vacate the property within ten days of the issuance of the writ of restitution, an authorized law enforcement officer may forcibly remove them.
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How to resist eviction in Nebraska

Just because your landlord has filed a lawsuit doesn’t necessarily mean your eviction is set in stone. 
You might decide that the circumstances of your eviction aren’t worth fighting in court. However, if you believe your eviction isn't justifiable, there are certain actions you can take that might help you avoid an eviction, like:
  • Address the cause of the eviction: The most straightforward way to avoid eviction is to address the problem that caused your landlord to give you your initial written notice. Depending on the situation, if you're able to correct it within the required amount of time, you can't legally be evicted
  • Identify errors: Having a good handle on landlord-tenant laws can also help you identify when a landlord has improperly served a notice, skipped a crucial legal step in the eviction process, or taken illegal measures, like turning off your utilities or changing your locks before you've been evicted. Bring any illegal action up in court can make a difference
  • Consider mediation: If the dispute between you and your landlord can be settled outside of a courtroom, you can save time and money. (If you opt to mediate outside of court, it’s still a good idea to get whatever agreement you come to in writing.) 
  • Prepare for your court date: Be ready to clearly and concisely explain from a legal standpoint why you shouldn't be evicted from your rental. You'll also want to come to your hearing prepared with all the necessary paperwork. This could include your answer, payment records, or other documents needed to make your case
  • Argue that your landlord failed to maintain the rental: If your landlord is evicting you for failing to maintain something on the property that is their responablity to handle, you might be able to avoid an eviction
  • Identify discrimination: If you can provide evidence that the reason for your landlord evicting you is discriminatory based on your race, gender, national origin, or another protected class under fair housing laws, you might be able to get your eviction lawsuit dismissed. You might additionally want to consider filing a complaint at the state level or with the United States Department of Housing and Urban Development (HUD).

How to save money on Nebraska car and renters insurance

Keeping up with the rising costs of rent is a real challenge for many people. If you’re looking for ways to cut down on monthly expenses, the Jerry app can help you search for savings on your car and renters insurance policies.
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FAQ

Whether you can be evicted as a tenant in Nebraska depends on landlord-tenant laws and your lease agreement. As a Nebraska resident, if your circumstances have made it hard to keep up with rent payments, you can dial 2-1-1 or visit ne211.org to learn more about resources that might be applicable to your situation.

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