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Eviction

Eviction is the legal process by which a landlord terminates the lease and removes a tenant from the rental unit. A landlord MUST go through the county court to remove a tenant from the rental unit. In Nebraska, it is ALWAYS illegal for the landlord to physically remove a tenant from the unit, to lock the tenant out of the unit, or to cancel utility service to drive a tenant out of the unit.

Most of the time, eviction can be prevented if the tenant is responsive to the landlord’s concerns and proactive in addressing problems that arise. Before the landlord files an eviction petition, the landlord MUST give the tenant a notice that says what the problem is and what the tenant must do to avoid eviction. Depending on the situation, this notice may be a 3-day notice to pay rent or a 14-day/30-day notice for any other violation of the lease. For more information about these notices, see 3 Day Notice and 14-Day/30-Day Notice to Tenant. If the tenant is unable to resolve the situation, the tenant may be able to avoid eviction by seeking a mutual termination.

Often, tenants confuse a 3-day notice of late rent, a 14/30-day notice, or a 30-day notice to vacate as eviction notices.  If you receive one of these noticies, you are not being evicted at that time.  It is not until the landlord has filed for an eviction at the court that the eviciton process has begun.  If you are a tenant, you want to avoid eviction at all costs.  A rental history with an eviciton can make it more difficult for a tenant to find a new place to rent, receive certain benefits, or harm your credit score.  The tenant should seek a mutual termination as an alternative to eviction if the landlord is willing. For more information about mutual terminations, see Mutual Termination.

Nebraska Statutes 76-1440 through 76-1447