How to Evict a Tenant in Nebraska (2026)
The legal steps for landlords in Nebraska — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Nebraska a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Source: Neb. Rev. Stat. § 76-1431(2) |
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| Lease violation | 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. |
| Ending a month-to-month tenancy (no fault) | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Source: Neb. Rev. Stat. § 76-1437 |
Local rent-control or just-cause rules can limit evictions: Preempted statewide: cities, villages, counties and their subdivisions may not enact or enforce local laws controlling rent on private property, including home-rule cities; conflicting local laws are void.
Step 2: Write and deliver the notice correctly
| What the notice must say | A written notice stating that rent is unpaid and that the landlord intends to terminate the rental agreement if rent is not paid within 7 calendar days. Delivery to the tenant: in hand; mailed to the place the tenant designated for notices (or the last-known residence); or by electronic means if the tenant affirmatively consented after receiving the statutory disclosures about withdrawing consent and getting paper copies. |
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| How it must be delivered | Notice to a tenant counts as received when it comes to the tenant's attention, or is delivered in hand, or is mailed to the address the tenant named (or the tenant's last-known residence), or is delivered electronically. Electronic delivery means email to an address the tenant consented to use, or posting on a portal with a separate notice of the posting. A landlord may send notices electronically only if the tenant affirmatively consented after getting a clear disclosure of the right to paper copies and the right to withdraw consent. The landlord may not require electronic delivery as a condition of a lease or renewal. Source: Neb. Rev. Stat. § 76-1413 |
Notice forms:
- Nebraska notice to pay rent or quit — requirements and free draft
- Nebraska notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Nebraska 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)
Court timing: Trial is set 10 to 14 days after the summons issues; no separate written answer deadline was identified in the URLTA sections reviewed.
Source: Neb. Rev. Stat. §§ 76-1440 to 76-1447
How long it takes to evict a tenant in Nebraska
For unpaid rent, the notice period is 7 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Nebraska
Court filing and service fees are set locally. Verified fees in the largest Nebraska counties:
| County | Filing and service fees |
|---|---|
| Douglas County (Omaha) | $62.00-$82.00 county court civil filing (varies with amount in controversy: $62 up to $1,500, $72 to $7,500, $82 above); writ of restitution $5.00 docket fee |
| Lancaster County (Lincoln) | $62.00-$82.00 county court civil filing (varies with amount in controversy: $62 up to $1,500, $72 to $7,500, $82 above); writ of restitution $5.00 docket fee |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Source: Neb. Rev. Stat. § 76-1437 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | 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. Source: Neb. Rev. Stat. § 76-1430 |
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| Retaliation | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a government agency about a housing-code violation affecting health and safety, or organized/joined a tenants' union. Tenant may use § 76-1430 remedies and raise retaliation as a defense. Source: Neb. Rev. Stat. § 76-1439 |
| Accepting rent after the notice | Yes. If the landlord accepts rent knowing the tenant is in default, the landlord waives the right to end the lease for that breach. The same applies if the landlord accepts performance that differs from the lease or rules. The exception: the parties can agree otherwise AFTER the breach happens. Source: Neb. Rev. Stat. § 76-1433 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Nebraska eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How much does it cost to evict a tenant in Nebraska?
Court fees are set locally — for example, Douglas County (Omaha): $62.00-$82.00 county court civil filing (varies with amount in controversy: $62 up to $1,500, $72 to $7,500, $82 above); writ of restitution $5.00 docket fee.
Can a landlord change the locks to evict a tenant 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.
How do you evict a tenant without a lease in Nebraska?
Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice.
← All Nebraska landlord-tenant rules · Notice deadline calculator
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.