Nebraska Eviction Laws
Nebraska rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2)
The rules in Nebraska
| Notice for unpaid rent | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Lengthened from 3 days to 7 calendar days by Laws 2021, LB320 (per section history). Some secondary sites still say 3 days. Source: Neb. Rev. Stat. § 76-1431(2) |
|---|---|
| Notice for lease violations | Written notice of a material breach or breach affecting health and safety: tenant has 14 days to remedy, and the agreement terminates on a date at least 30 days after receipt of notice if not remedied. Repeat of substantially the same breach within 6 months: termination on at least 14 days' written notice (no cure). Violent criminal activity, illegal drug sales, or other activity threatening health/safety: 5 days' written notice, no right to cure. Subsection (5) bars use of the 5-day remedy against a tenant for a non-household person's activity where the tenant/household member sought a protection order, reported to police, or (domestic violence) obtained qualified third-party certification. |
| Lockouts & utility shutoffs | Prohibited. If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate, and recover an amount equal to three months' periodic rent as liquidated damages plus a reasonable attorney's fee. On termination the landlord must return prepaid rent and recoverable security. Source: Neb. Rev. Stat. § 76-1430 |
How an eviction case works in Nebraska
Eviction cases are heard in: County court or district court (Nebraska trial courts; URLTA possession actions follow §§ 76-1440 to 76-1447).
- Written termination notice under § 76-1431 (7 calendar days for nonpayment; 14-day cure/30-day termination for material breach; 5 days for violent/drug activity) or § 76-1437 (30 days, month-to-month)
- File complaint for restitution stating the statutory basis, specific facts, premises description, and proof of notice compliance (§ 76-1441)
- Summons issued stating trial date; served within 3 days of issuance and returnable within 5 days, excluding nonjudicial days (§ 76-1442)
- Bench trial (no jury) held 10 to 14 days after the summons is issued (§ 76-1446); continuance only for good cause, later continuances only by agreement or extraordinary cause, with possible rent deposit (§ 76-1443)
- Judgment terminating the rental agreement
- Writ of restitution issued at landlord's request; sheriff or constable restores possession within 10 days of issuance (§ 76-1446)
Landlords: how to evict a tenant in Nebraska — steps, costs, timeline and forms.
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- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
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Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
Nebraska vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| Nebraska | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2) | Written notice of a material breach or breach affecting health and safety: tenant has 14 days to remedy, and the agreement terminates on a date at least 30 days after receipt of notice if not remedied. Repeat of substantially the same breach within 6 months: termination on at least 14 days' written notice (no cure). Violent criminal activity, illegal drug sales, or other activity threatening health/safety: 5 days' written notice, no right to cure. Neb. Rev. Stat. § 76-1431(1), (4) | Prohibited. If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate, and recover an amount equal to three months' periodic rent as liquidated damages plus a reasonable attorney's fee. Neb. Rev. Stat. § 76-1430 |
| Colorado | 10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. For a "covered dwelling" under the federal CARES Act (for example, housing with a federal subsidy or a federally backed mortgage), the landlord must also follow the notice rule in 15 U.S.C. § 9058(c) as enacted on March 27, 2020 (a 30-day notice to vacate), even if federal law later changes (C.R.S. § 38-12-1502, since May 29, 2025). C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4); 38-12-1502 (added by HB 25-1240) | 10-day written notice to comply with the violated condition or covenant, or deliver possession (5 days for exempt residential agreements, 3 days for employer-provided housing). A repeat violation of the same covenant after a prior notice allows termination 10 days after written notice, with no cure. Substantial violations, such as certain violent or drug-related criminal acts, are handled under § 13-40-107.5. C.R.S. §§ 13-40-104(1)(e), (1)(e.5), 13-40-107.5 | Unlawful for a landlord to remove or exclude a tenant without court process, including by willfully cutting utilities or removing doors, windows, or locks. Exceptions are abandonment, mutual consent, and meth-lab cleanup rules. The tenant is awarded statutory damages equal to actual damages plus the higher of three times monthly rent or $5,000, plus attorney fees and costs, and the court may restore possession. C.R.S. § 38-12-510 |
| Iowa | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) | 7 days' written notice specifying the breach; the lease terminates if the breach is not remedied within 7 days. A repeat of substantially the same breach within 6 months allows termination on 7 days' notice without a right to cure. For a clear and present danger to others, a single 3-day notice of termination and notice to quit. Iowa Code § 562A.27(1); § 562A.27A | If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential services, the tenant may recover possession (or terminate the lease) and recover actual damages, punitive damages up to twice the monthly rent, and reasonable attorney fees. Iowa Code § 562A.26 |
| Kansas | 3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice. K.S.A. 58-2564(b); K.S.A. 61-3803 | Written notice that the lease will terminate on a date at least 30 days after receipt unless the breach is remedied within 14 days. If the same or a similar breach recurs after the 14-day period, the landlord may give a 30-day termination notice with no opportunity to cure. K.S.A. 58-2564(a) | If the landlord unlawfully removes or excludes the tenant or willfully interrupts electric, gas, water or other essential services, the tenant may recover possession or terminate the lease and recover the greater of 1.5 months' rent or actual damages. K.S.A. 58-2563 |
| Missouri | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. RSMo 535.020 | 10 days' notice to vacate for breach of a written lease condition, unauthorized assignment/sublet, or waste (violations of 441.030), and for illegal use under 441.020 (gambling, bawdyhouse, controlled substances). The statute provides no right to cure. RSMo 441.030, 441.040, 441.020 | Prohibited. A landlord who removes or excludes a tenant or the tenant's property without judicial process and court order, or removes doors or locks, is guilty of forcible entry and detainer. The same applies to willfully interrupting essential services (electric, gas, water, sewer) unless done for health or safety reasons. Tenant can sue under Ch. 534, which awards double damages and double monthly rents/profits until restitution. RSMo 441.233; 534.330 |
| South Dakota | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) | No statutory notice or cure period. An FED action lies when the tenant commits waste or does or fails to do an act that terminates the lease under its terms. The landlord may also end the lease early if the tenant uses the premises contrary to the lease or does not make required repairs within a reasonable time after a request. SDCL 21-16-1(7); SDCL 43-32-18 | If the landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may sue for an injunction, recover possession, or end the lease. In any of these cases the tenant also recovers damages equal to two months' rent plus return of any advance rent and deposit. SDCL 43-32-6 |
| Wyoming | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 | 3-day notice to quit, with no statutory right to cure. FED is available against renters who violate the duties in W.S. 1-21-1204 or the prohibitions in 1-21-1205 (damage, interfering with others' peaceful enjoyment, unreasonably denying access). W.S. 1-21-1002(a)(vi), 1-21-1003, 1-21-1204, 1-21-1205 | No statute — Wyoming has no law that expressly bans landlord lockouts or utility shutoffs. The statutes provide a court process instead: a landlord who wants a tenant out files a forcible entry and detainer (FED) case, and after judgment an officer executes the writ of restitution; only then may the sheriff remove the renter's belongings and prevent reentry. W.S. 1-21-1001 to 1-21-1017, 1-21-1211(a) (Title 1, Ch. 21, Arts. 10 and 12 checked) |
City rules that may add to state law
More Nebraska rental law
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- Nebraska Rent Increase & Late Fee Laws
- Breaking a Lease in Nebraska
- Squatters' Rights in Nebraska
- Nebraska Rental Fee Rules
- Nebraska Section 8, Records & Right to Counsel
- Nebraska Mold, Pests, Heat & AC Rules
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- Nebraska Landlord Selling the House
- Nebraska Lockouts, Utility Shutoffs & Retaliation
- Nebraska Subletting, Lease Endings & Tenant Death
- All Nebraska landlord-tenant rules
- Free legal help in Nebraska
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Nebraska Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in Nebraska?
7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. (Neb. Rev. Stat. § 76-1431(2))
How much notice is required to evict for a lease violation in Nebraska?
Written notice of a material breach or breach affecting health and safety: tenant has 14 days to remedy, and the agreement terminates on a date at least 30 days after receipt of notice if not remedied. Repeat of substantially the same breach within 6 months: termination on at least 14 days' written notice (no cure). Violent criminal activity, illegal drug sales, or other activity threatening health/safety: 5 days' written notice, no right to cure. (Neb. Rev. Stat. § 76-1431(1), (4))
Can a landlord change the locks or shut off utilities in Nebraska?
Prohibited. If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate, and recover an amount equal to three months' periodic rent as liquidated damages plus a reasonable attorney's fee. (Neb. Rev. Stat. § 76-1430)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.