Nebraska eviction notices and deadlines
Every Nebraska eviction under the Uniform Residential Landlord and Tenant Act starts with the right written notice. For unpaid rent, Neb. Rev. Stat. 76-1431(2) lets the landlord terminate if the tenant doesn’t pay within 7 calendar days after a written notice of nonpayment that states the intent to terminate. Weekends count.
Other material breaches follow a slower path. Under 76-1431(1) the notice must give a termination date at least 30 days after the tenant receives it, and the tenancy survives if the tenant fixes the breach within 14 days. A repeat of substantially the same breach within 6 months can be met with a 14-day notice and no second cure.
Violent criminal activity, the illegal sale of a controlled substance or other conduct that threatens the health or safety of others allows suit after 5 days’ written notice with no right to cure (76-1431(4)). A tenant who is the victim, and who sought a protective order or reported the activity to police, is protected under 76-1431(5).
| Reason | Notice | Cure |
|---|---|---|
| Unpaid rent | 7 calendar days to pay | Yes, by paying in full |
| Material lease breach | 30 days | 14 days to remedy |
| Repeat breach within 6 months | 14 days | No |
| Violent crime or drug sales | 5 days | No |
| End of month-to-month | 30 days before a rent date | No reason required |
How to deliver a Nebraska eviction notice
Under 76-1413, a tenant receives a notice when it is handed to the tenant, mailed to the address the tenant designated or the last-known residence, or delivered electronically. The electronic option was rewritten by LB185 in 2025 and now comes with conditions.
You may email or post notices to a tenant portal only if the tenant affirmatively consented after getting a clear statement of the right to paper copies and the right to withdraw consent. You can’t make electronic delivery a condition of the lease. Where a statute requires proof of receipt, the electronic method must confirm it.
For a 7-day nonpayment notice, hand delivery or mail plus a dated copy in the file is the safest record, since the complaint must show compliance with the Act’s notice rules.
Is there just-cause eviction in Nebraska?
No. Nebraska has no statewide just-cause requirement, and either side can end a month-to-month tenancy with written notice at least 30 days before the periodic rental date named in the notice (76-1437(2)). A fixed-term lease ends on its end date.
The limit is retaliation. Under 76-1439, a landlord may not bring or threaten a possession action because the tenant complained to a code enforcement agency or joined a tenants’ union. That defense falls away when the tenant is in default in rent, so it rarely decides a nonpayment case.
The Nebraska court case, step by step
Nebraska calls the case an action for possession, and 76-1440 to 76-1447 set its procedure. You file a complaint for restitution with the clerk of the county court or district court. It must state the statute you rely on, the facts with particularity, a description of the premises and how you complied with the notice rules (76-1441). Most owners file in county court.
The summons states the time and place of trial, not an answer date. It must be served within 3 days after it issues and is returnable within 5 days, not counting nonjudicial days (76-1442). If diligent attempts fail, you may post it on the unit’s front door and mail a copy first-class, but then the court can’t award you a money judgment (76-1442.01 and 76-1446).
- Serve the 7-day notice and wait for it to run.
- File the complaint for restitution in county court.
- Serve the summons within 3 days of issuance; it is returnable within 5 days.
- The tenant may appear and raise any defense, setoff or counterclaim by the appearance date (76-1445).
- Trial by the judge, no jury, 10 to 14 days after the summons issues (76-1446).
- If the tenant doesn’t appear, the court tries the case as though the tenant were present (76-1444).
- On judgment, the court issues a writ of restitution at your request, directing the sheriff or constable to restore possession on a date no more than 10 days later.
Continuances, appeals and rent deposits
The court may grant one continuance for good cause. A second needs agreement or extraordinary cause, and if a later continuance pushes trial into the next rental period, the court may require the tenant to deposit rent with the clerk (76-1443).
Either side may appeal from county court by filing a notice of appeal and the docket fee within 30 days after the judgment is entered (25-2729). The appeal stays the writ only if the tenant deposits the judgment and costs or posts a bond with surety, then pays the monthly rent into court while the appeal runs (76-1447).
Nebraska eviction timeline
This is the nonpayment track with the rule behind each step. The court can set trial anywhere inside the 10-to-14-day window.
| Step | Deadline | Rule |
|---|---|---|
| Written notice of nonpayment | 7 calendar days to pay | Neb. Rev. Stat. 76-1431(2) |
| Complaint for restitution | After the 7 days run | 76-1441 |
| Serve summons | Within 3 days of issuance | 76-1442 |
| Summons return | Within 5 days of issuance | 76-1442 |
| Trial | 10 to 14 days after issuance | 76-1446 |
| Writ of restitution executed | No more than 10 days after it issues | 76-1446 |
| Appeal from county court | 30 days after entry of judgment | 25-2729, 76-1447 |
Lockouts, retaliation and a tenant’s right to pay
Self-help is expensive in Nebraska. If a landlord unlawfully removes or excludes a tenant, or willfully cuts electricity, gas, water or another essential service, the tenant may recover possession or end the lease and collect three months’ periodic rent as liquidated damages plus a reasonable attorney’s fee (76-1430). Only the sheriff or constable, acting on a writ, can restore possession to you.
The tenant’s chance to pay is the 7-day window. Once it closes, 76-1431(2) lets you terminate. If you later accept money, put in writing whether you are dropping the case or applying the payment to the balance.
After possession is restored, belongings left behind go through the Disposition of Personal Property Landlord and Tenant Act, which 76-1446 requires you to follow.
CARES Act notice and SCRA affidavits
Buildings with a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or in a covered federal housing program, may fall under Section 4024(c) of the CARES Act (15 U.S.C. 9058(c)), which bars requiring a tenant to vacate until 30 days after a notice to vacate. The 120-day moratorium expired in 2020, but the 30-day text remains and courts have split on whether it still applies. At a covered building, giving 30 days is the safer course.
If the tenant doesn’t appear, federal law requires an affidavit on military status before judgment (50 U.S.C. 3931). A Nebraska default case is tried as though the tenant were present, so bring that affidavit to trial.
Worked example: one nonpaying unit in Omaha
Assume a 20-unit Omaha building with a unit at $1,050 a month and a tenant who doesn’t pay on August 1, 2027. Assume a $1,200 flat attorney fee and that each step runs to its statutory limit.
You hand-deliver the 7-day notice on August 2, so the tenant has until August 9. You file on August 10 and the summons issues that day. Service must happen by August 13, and trial falls between August 20 and August 24. Take the outer date: the writ issues August 24 and possession is restored by September 3.
That is 33 days without rent. At $34.52 a day ($12,600 a year divided by 365), lost rent is $1,139. With the $1,200 fee the eviction costs about $2,339, before court costs and turnover.
| Item | Assumption | Amount |
|---|---|---|
| Lost rent | 33 days at $34.52 | $1,139 |
| Attorney fee | Flat fee | $1,200 |
| Total | Before court costs and turnover | $2,339 |
Alternatives to a Nebraska eviction
A payment plan makes sense when a reliable tenant falls behind once. Write down the amounts, due dates and what happens on a missed payment, and decide whether you are pausing or ending the termination.
Cash for keys fits a tenant who can’t catch up. In our example, any move-out agreement that gets the unit back before day 33 for less than about $2,339 saves money, and it avoids a public court record for both sides.
Selling a Nebraska apartment building with an eviction pending
A pending case doesn’t block a sale. The buyer takes the building subject to the leases, and the purchase agreement should assign your claims against the tenant, say who controls the case after closing and who keeps any rent or judgment collected. The buyer’s attorney decides whether to continue or refile in the new owner’s name.
Hand over the notice, proof of delivery, ledger and court filings, and collect tenant estoppel certificates. Our guide to Nebraska landlord-tenant law covers how leases and deposits move to the buyer.
Selling your Nebraska apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across Nebraska, including Omaha, Lincoln and Bellevue, with tenants in place. That includes buildings with nonpaying tenants, notices served or cases already filed.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
