Nebraska eviction laws
Notices, deadlines, court and tenant rights in Nebraska — in plain English.
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Overview
- The court case
- Action for restitution of premises (eviction)
- Court
- County Court for the county where the property is located
- Main laws
- Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. §§ 76-1401 to 76-1449 (esp. 76-1413, 76-1431, 76-1437, 76-1441 to 76-1447); Neb. Rev. Stat. §§ 25-21,219 et seq.
Just-cause protection
No statewide law
Nebraska has no just-cause eviction law. A landlord can end a periodic tenancy without a reason with proper notice, except for retaliation or discrimination. (Neb. Rev. Stat. §§ 76-1437, 76-1439)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — 7-Day Notice to Pay Rent or Quit
The landlord serves a written notice of nonpayment giving the tenant 7 calendar days to pay. If the tenant pays in full within 7 days, the tenancy continues; if not, the landlord may terminate and file.
7-Day Notice to Pay Rent or Quit
- Notice period
- 7 days
- Counting
- 7 calendar days after the tenant receives written notice; day of receipt not counted.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and rental address
- Amount of rent owed
- Statement that the rental agreement will terminate if the rent is not paid within 7 calendar days after receipt
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing). Deliver it by hand, or mail it to the tenant's last known address, or send it electronically only if the tenant has affirmatively consented to electronic delivery (LB 185, 2025). If mailed, allow time for receipt because the 7 days run from receipt.
- Law
- Neb. Rev. Stat. §§ 76-1431(2), 76-1413
- The nonpayment notice period was lengthened from 3 days to 7 calendar days; older forms showing 3 days are out of date.
- Accepting rent with knowledge of the default can waive the landlord's right to terminate for that default (§ 76-1432).
The tenant broke the lease or rules — 14/30-Day Notice to Remedy or Quit
For a material violation of the lease or tenant duties, the landlord serves a 30-day notice specifying the breach; if the tenant fixes it within 14 days, the tenancy does not end. A repeat of the same breach within 6 months can be ended with 14 days' notice and no cure.
14/30-Day Notice to Remedy or Quit
- Notice period
- 30 days
- Longer notice
- Repeat of the same act or omission within 6 months: termination 14 days after notice, no right to cure
- Counting
- Tenant has 14 days after receipt to remedy; the termination date must be at least 30 days after receipt. Day of receipt not counted.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant name(s) and rental address
- The specific acts and omissions constituting the breach
- Statement that the rental agreement will terminate on a date not less than 30 days after receipt if the breach is not remedied within 14 days
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing). Hand delivery, mail to the tenant's last known address, or electronic delivery only with the tenant's affirmative consent. Periods run from receipt.
- Law
- Neb. Rev. Stat. §§ 76-1431(1), 76-1413
The lease ended and the tenant stayed — no notice required
A fixed-term lease ends on its end date without further notice. If the tenant stays without the landlord's consent, the landlord may file for restitution (and may recover extra damages for a willful holdover).
- Accepting rent after the lease ends may create a month-to-month tenancy requiring a 30-day notice.
- Double-check with the court: Check the lease for a required notice of non-renewal.
Ending a month-to-month tenancy (no fault) — 30-Day Notice to Terminate Tenancy
A month-to-month tenancy is ended by written notice at least 30 days before the rent due date on which it ends; a week-to-week tenancy by 7 days' notice before the termination date.
30-Day Notice to Terminate Tenancy
- Notice period
- 30 days (week-to-week: 7 days, month-to-month: 30 days)
- Counting
- At least 30 days before the periodic rental date (rent due date) specified as the end of the tenancy; 7 days for week-to-week. Day of receipt not counted.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- Statement that the tenancy is terminated and the termination date (a rent due date)
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing). Hand delivery, mail to the tenant's last known address, or electronic delivery only with the tenant's affirmative consent.
- Law
- Neb. Rev. Stat. §§ 76-1437(1), (2), 76-1413
- Terminating in retaliation for a code complaint or joining a tenant organization is prohibited (§ 76-1439).
Illegal activity, violence or serious damage — 5-Day Notice of Termination (Criminal Activity)
If the tenant, a household member or guest engages in violent criminal activity on the premises, sale or possession with intent of illegal drugs, or other activity threatening the health or safety of others, the landlord may give a 5-day termination notice with no right to cure and then file.
5-Day Notice of Termination (Criminal Activity)
- Notice period
- 5 days
- Counting
- At least 5 days after the written notice; day of service not counted.
- Tenant can fix it?
- No
- Must include
- Tenant name(s) and rental address
- The violent criminal activity, drug activity, or health/safety threat, with facts and dates
- Statement that the rental agreement terminates 5 days after notice without a right to cure
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing). Hand delivery is recommended; mail or consented electronic delivery also allowed.
- Law
- Neb. Rev. Stat. § 76-1431(4)
- The landlord cannot use this ground against a tenant or household member who is the victim of domestic violence committed by someone else, if the victim seeks a protection order, reports to police, or provides a certification (§ 76-1431(5)).
How a tenant responds
The summons sets a trial 10 to 14 days after it is issued. The tenant does not have to file a written answer; they should appear at the trial with any defenses. Continuances are limited. If the tenant does not appear, the landlord usually gets judgment for possession.
Deadline: at the hearing (no fixed written-answer deadline) · Neb. Rev. Stat. §§ 76-1442, 76-1443, 76-1446
City and local rules
- Omaha requires rental registration and inspection for most residential rentals.
Official court forms
Landlords
- CC 3:24 — Praecipe for Writ of Restitution/Execution
Sources
- Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Nebraska Legislature)
- Neb. Rev. Stat. § 76-1431 (Justia, 2025)
- LB 185 (2025) – electronic notices
- Legal Aid of Nebraska – Landlord Tenant Handbook
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.