Nebraska Eviction Process

Eviction Process in Nebraska

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Post a 3 Day Notice on the tenants door and put a copy in their mailbox.  Here’s a template with things you’ll want to customize in yellow.  Simple copy and paste into a Word Doc.

If the 3 day notice has passed without response, you may want to enter the property to evaluate it for damages.  Take photos.  I recommend doing this during the day and to avoid causing any confrontation if someone is at the house.  Be nice and ask to see the property.  Do not accept a partial payment of rent.  I’m not exactly sure why, but I had two different attorneys tell me that accepting partial payments slows down the process.

After spending a frustrating morning Googling how to evict someone in Nebraska, three phone calls to attorneys, and more Googling, I finally figured out how to evict someone in Nebraska and all the documents you need in order to do it.  You are not required to hire an attorney to do this, but as I’ve found with most legal issues in Nebraska it’s difficult to get anyone to explain to you how to do them.  I found it incredibly annoying that there wasn’t better information available on how to do this, so I spent an hour writing up the steps I went through and including examples of all the forms used so that it might be of help to the next person. Thank you to NationalEvictions for this information.

 

 

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Find other Legal Forms – Select the State you need forms in find thousands of legal forms.

 

DOWNLOAD FORMS YOU WILL NEED FOR THE EVICTION IN NEBRASKA

Nebraska Landlord Notices for Eviction / Unlawful Detainer Forms Package

NEBRASKA EVICTION FORMS

 

 

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The Nebraska Rental Agreement

Nebraska Residential Landlord Tenant Rental Lease Forms and Agreements Package

 

 

 

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Below I have detailed the steps to successfully get an eviction case filed Nebraska.

I recommend starting these steps as soon as possible since from start to finish the process is around 20 days, and the longer you wait to get started, the longer it will take to complete.  I know two of the most pressing questions I had when I got started with this process were:

 

How long does it take to evict someone in Nebraska?

Best case scenario it takes about 18 days.  Here’s how it breaks down:  3 days written notice, 10-14 days to get a court case date, and then possible a few additional days to arrange with the sheriff to have your tenants belongings physically removed.

 

How much does it cost to evict someone in Nebraska?

If you do it yourself  it costs $45 to file the paperwork and $25 to hire a constable to deliver the summons.  If you have a lawyer do this for you, expect to pay $400 – $1,000.

 

 

Step 1: 3 Day Notice

Post a 3 Day Notice on the tenants door and put a copy in their mailbox.  Here’s a template with things you’ll want to customize in yellow.  Simple copy and paste into a Word Doc.

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NOTICE

To:       Jane Doe

Put her address here

 

Pursuant to Section 76-1401 et seq. R.R.S. 1943 (Reissue 1976) you are hereby notified that the rent on the premises you presently occupy at the above-referenced address is unpaid, although due and owing, $________ for the unpaid balance forOctober, 2012, plus $50 late fee since the October 5^th, that if you fail to pay said rent and late fee within 3 days (three days) of receipt of this notice, the landlord shall terminate, the owner is entitled to possession of the property you presently occupy, and the owner may have a claim for rent and a separate claim for actual damages for breach of the rental agreement, together with reasonable attorneys’ fees and court cost.

This letter also serves notice that your name may enter the property within the next six days for a property inspection.  Please call your name at (XXX) XXX-XXXXif you would like to be notified prior to the inspection.

I served this Notice on this 11^th day of October 2012, by delivering or mailing a true copy of the same to the above described premises in Omaha, Douglas County, Nebraska.

By,

Your Name

Your address

Your phone number

 

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Step 2:

If the 3 day notice has passed without response, you may want to enter the property to evaluate it for damages.  Take photos.  I recommend doing this during the day and to avoid causing any confrontation if someone is at the house.  Be nice and ask to see the property.  Do not accept a partial payment of rent.  I’m not exactly sure why, but I had two different attorneys tell me that accepting partial payments slows down the process.

 

 

Step 3: Nebraska Eviction Petition Example 

Create a petition to file with the court.  Here is an example of the petition that I used.  The Douglas County office does not have any forms for you to use to do this.  If you are seeking damages for any late rent or damage to the property it can be included here as well.  From what I could tell, there was no difference in the filing process if you were or were not seeking damages for past rent or property, so I personally included them.

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Petition for Eviction Based on Non-Payment of Rent and Money Damages

 

Case No. __________________________________                         In the Justice Court of

Douglas County, Nebraska

Precinct _____, Place _____

Your Name

Plaintiff

vs.

Your Tenants Name

Defendant

1. COMPLAINT.  Plaintiff files the complaint against the above-named Defendant to evict Defendant from Plaintiff’s premises, which is located in the above precinct and which is described:  address of property.

2. SUIT FOR MONEY.  RENT and PROPERTY DAMAGE.  Plaintiff does seek a judgment for rent.  Rent is due on the 5^th day of the month.  The rent is $650 per month.  The Defendant’s rent is not subsidized by the government.  Plaintiff seeks judgment for property damage to the interior door of the premises per the CONDITION OF PREMISES section of the lease agreement.  Seeking damages for the door and installation at a quoted price of $XXX.

3. SERVICE OF CITATION.  Plaintiff requests service of citation on Defendant by personal service at the above described premises.  Other addresses of Defendant listed in the written lease agreement are as follows:  None.

4. GROUND FOR EVICTION.  Defendant has violated the rental agreement between Plaintiff and Defendant dated __________________ and has refused to vacate after Notice to Quit from Plaintiff placed in mailbox and posted on door of premises on Thursday, October 12, 2012.  The rental agreement violation involved Defendant’s failure to pay the rent for the period beginning the 5^th day of October 2012, and running through the present, which is still due and unpaid.

5. JUDGEMENT REQUESTED.  Plaintiff requests judgment for Plaintiff and against Defendant for possession of premises and for issuance of a Writ of Possession, and all court costs.  Additionally, Plaintiff requests judgment for the Plaintiff and against Defendant for the following:

1. Rent.  If the eviction is based on the breach of an agreement to pay rent, Plaintiff requests judgment for unpaid rent in the amount of $650, as calculated at time of filing, and Plaintiff also seeks judgment for rent accruing from the date of filing and becoming due thereafter.
2. Attorney’s Fees.  If Plaintiff decides to engage an attorney, Plaintiff requests judgment for attorney’s fees because a written agreement binding on Defendant contains a provision entitling Plaintiff to attorney’s fees.
3. Post-judgment interest.  If Plaintiff is granted a judgment, Plaintiff requests post-judgment interest as allowed by statute or the rental agreement.

The Court may send any notice to Plaintiff via U.S. mail, telephone, or email, as follows:

Your Address

Your Phone Number

Your Email

PLAINTIFF:     Your Name

By _______________________________________

Signature

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Printed Name of Person Signing

Subscribe and Sworn to before me on this the ____________ day of ________________________2012.

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Step 4: How to Summon your Tenant to Court

Fill out the form: Summons for Restitution of Premises Under Residential Landlord and Tenant Act of Forcible Entry and Detainer.  You can find a copy at the followinglink.  If this link doesn’t work, check the Nebraska Supreme Court website in the forms section.  It is forn no cc:3:3.  Since you are not using a lawyer, anywhere it says attorney you can fill in your name and then put Plaintiff Pro Se in parenthesis.  Using this form you can select whether you want the sheriff or a constable to deliver for you.  I was told that your summons is delivered much faster by a constable than the sheriff.  The clerk at the Douglas County had the phone numbers of several constables and called them on my behalf, which was much appreciated.  I’m not sure if this standard practice.  He was able to find a constable to deliver the summons the same day for $25.

 

Step 5:

Fill out the form called Praecipe.  There were a bunch of different forms that included the word Praecipe, but you’ll want the one that only says Praecipe.  Form number C/SC 123 (6/96).

Here is a link to the Praecipe document someone sent me: Link to Praecipe C/SC 123

On the form their is a section that says “To the Clerk of the Court said.  Please issue” and then a bunch of lines where you are supposed to put instructions on the summons.  You can write something like this:

Please issue a summons to Renter’s Name at the Douglas County Corrections Facilitylocated at address at the earliest convenience.  Deliver summons via Constable’s Name (or you could put Sheriff here if delivering by Sheriff).

 

Step 6: 

Include a copy of your original lease and 3 Day Notice with the rest of the paperwork above and give it to the Clerk in the Civil/Small Claims division at the Douglas County Courthouse.  You’ll need to have cash or check to pay the court filing fee ($45) and to pay the constable or sheriff ($25).  You also need two copies of all forms.  The clerk will then look over all the forms and will provide you a receipt that includes your case number and hearing date and time.  In Douglas County, the hearings will usually be set at 9:00 am in Courtroom 20.  They are usually set 10-14 days from the filing date.  If your renter does not show up to the court date, I you win the case by default.

See the following comment added by Lucas about the court process:  When my case was called by the judge, I gave the judge my affidavit which basically says I gave them a 3 day notice and mailed them my letter of complaint… then he asked me for an “affidavit of judgment”. I didn’t have one so he pulled out a form, made me swear that I gave them a 3 day notice and that they failed to pay rent and basically filled out the affidavit on the spot. Watching the other court cases before me, the affidavit of judgment was filled out my most of the plantiffs and basically speeds up the court hearing process because then the judge doesn’t have to make you swear under oath that you gave them a 3-day notice. I recommend asking the clerk when you file for the court case for an example of an affidavit and they can provide an example.

 

Other notes:

• I asked everyone I talked to if there was any faster process besides the eviction process.  Everyone I asked told me the laws are very strict and there is no faster way to evict someone.
• Douglas County Court phone number is 402-444-5386 and address is 1819 Farnam St, Omaha, NE.  It is on the “civil” side of the courthouse.
• If you are required to do anything or fill out any forms that are not included in this document, please add a comment and I will include this for the next person.  Good karma for contributing!
• If the tenant pays their rent, turns over the keys, and voluntarily vacates the property you can dismiss the lawsuit and not attend your court date.  I would have the tenant sign a lease termination agreement as I was told if you do not handle properly they can sue you for an improper eviction.  Here’s a sample termination letter:

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LEASE TERMINATION AGREEMENT

 

This Lease Termination Agreement (“Agreement”) is entered into between___________________________., (“Landlord”) and _________________., (“Tenant”).

WHEREAS, Landlord and Tenant’s predecessor in interest are parties to that certain Lease dated  ________________,    for the property located at address (“Premises”); and

WHEREAS, the parties now desire to provide for the termination of the Lease, and the return of the Leased Premises to Landlord, prior to the current expiration date of the Lease.

NOW, THEREFORE, in consideration of mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follow:

1. Termination.   The parties agree that in lieu of the original expiration date of_______________________, the Lease shall terminate on ___________________(“Termination Date”).  Prior to the Termination Date, Tenant shall quit the Premises and surrender and return the Premises to Landlord, in clean condition.

2. Lease Termination Fee.   In consideration for Tenant being relieved of further obligations under the Lease after the Termination Date, Tenant and Landlord agree that Tenant shall____________________________________________________________________________________________________________________________________by ______________, 2012.

3. Liability of Termination.  Termination of said Lease, however, shall not release Lessee from any acts or obligations there under, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to termination date or thereafter in case by the terms of the said Lease it is provided that anything shall or have to be done after termination date.

4. Binding upon Successors and Assigns.  This Agreement shall be for the benefit of and be binding upon, the parties hereto and their respective successors and assigns.

5. Final Agreement.  This Agreement shall constitute the final agreement and understanding of the parties on the subject matter hereof.  This Agreement may be modified only by a further writing signed by the parties.

6. Attorney Fees.  If any legal action is commenced to enforce or interpret the terms of this Lease Termination Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which the prevailing party may be entitled.

7. Nebraska Law; Illegality.  This Agreement shall be governed by the laws of the State of Nebraska.  In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the _____ day of _____________, 2012.

LANDLORD:                                                                           TENANT:

____________________________                   _____________________________________

Date:_________________________            Date:_________________________________

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One of the most frequently asked about civil procedures is the eviction process. The information contained on this page is for informational use only. For detailed information or legal advice, please contact an attorney, or research the references provided at the end of this article.

There are three steps involved in a legal eviction in Nebraska. Services the Sheriff’s Office provides in the eviction process are listed below in their respective order.

Notice to Quit
The first step is for a plaintiff/landlord to provide a written notice demanding the tennants vacate the property. The plaintiff will prepare a document referred to as a “notice to quit” and may choose to have the Sheriff’s Office serve this writ. There are no statutes that dictate a particular type of service or return day for a notice to quit. The Sheriff’s Office policy is to attempt service as soon as practical, and service can be either personal, residential or may be accomplished by posting the notice on the door of the residence. The Sheriff’s Office does not provide forms for these notices, nor give advice as to their content. The notice to quit is NOT a court document and does not order removal of the occupants. It is simply a notice for the tenant to vacate the property by a specific date or the case will be taken to the court for eviction.

 

Summons – Forcible Entry and Detainer
After the service of a notice to quit, should the tenant fail to move, the plaintiff may then commence suit in a court with jurisdiction. A Summons, a notice of the suit, may be sent to the Sheriff’s Civil Division for service. The summons contains a time and date for trial and must be returned to the court within 3 days of its issuance. Service of the summons may be personal or residential. If the landlord prevails at trial, a Writ of Restitution may be issued.

 

Writ of Restitution
A Writ of Restitution orders the Sheriff to remove the defendant and restore the premises to the plaintiff. It is the policy of the Sheriff’s Office to execute such writs by attempting to obtain voluntary compliance from the defendant in a fashion which minimizes any unnecessary hardship. In the absence of compliance, the Office will execute the writ by removing the occupants and subsequently turning over the premises to the plaintiff. The Office will remove personal property only when specifically directed to do so by court order.A Writ of Restitution must be executed and returned to court within ten days of issuance. Because of this relatively narrow window, it will be executed without delay. To expedite the process, the plaintiff should provide a contact name and phone number for their representative.

 

Eviction Procedure
Unless some other type of action is specified in the Writ of Restitution, service will be executed as follows:

• Deputies will contact the plaintiff, plaintiff’s attorney, or authorized agent to set up a time/date for restoring the premises to the plaintiff. The Sheriff’s Office requires the plaintiff or their authorized agent to take possession of the premises at the time of the eviction. Should the plaintiff choose to change the locks on the residence, the Sheriff’s Office is not obligated to stand by while the residence is being secured.
• Deputies will serve the defendant’s copy by personal, residential, or posting. An additional notice from the Sheriff’s Office will be served/posted indicating that the resident(s) have a specific time frame to vacate the property.
• By Sheriff’s Office policy, three day’s notice is given whenever reasonably possible to allow the defendant time to vacate the premises and remove their personal property. This time frame also aids the plaintiff from having to dispose of property under the Disposition of Personal Property Landlord and Tenant Act. Generally, the Sheriff’s Office will not execute Writs of Restitution at night or on weekends or holidays.
• At the time of the eviction, the deputy will arrive at the location and remove any occupants from the premises, if necessary. Occupants will be advised of trespassing violations they could be subject to if they return. Tenants with personal property remaining in the residence must contact the plaintiff to arrange for removal. Deputies will not take part in the disposal or removal of personal property. Provisions for such are set out in the Disposition of Personal Property Landlord and Tenant Act.
• Whenever deputies have removed occupants from a premise, they shall supply the occupant with a short period of time to obtain vital personal effects, or obtain such effects for the occupant. Deputies will take action to protect the person removed, if necessary, due to age, infirmity, mental or emotional condition, illness or disability as provided by law.
• If the premises involved are rental properties such as a house or an apartment, and the premises have been turned over to the plaintiff, the deputy has no further obligation.
• If the Writ of Restitution is for a mobile home owned by the defendant, the mobile home may be levied and set for Sheriff’s auction. Keys, if available, for the mobile home will remain with the land owner in the event that emergency entry needs to be made during the time prior to the sale. In the auction sale of mobile homes, a bill of sale issued by the Sheriff only reflects the transfer of the defendant’s interest in the property, and is not an implied or actual title to the property. All auctions take place in the exit vestibule of the Justice and Law Enforcement Center, 575 So. 10th Street, Lincoln, NE 68508.

All services by the Sheriff’s Office require a prepaid deposit before service will be attempted. Deposits for eviction services are:
$ 25.00 – Notice to Quit, Summons, or Writ of Restitution within Lincoln city limits
$ 50.00 – Notice to Quit, Summons, or Writ of Restitution outside Lincoln city limits and within Lancaster County
$ 150.00 – Writ of Restitution on Mobile Homes Levied for Sheriff’s Sale

 

 

Statute Information

Following is a list of statutes that are applicable to these proceedings. They are in no way all-inclusive to this subject and are not to be construed as legal advice.

Nebraska Statutes are available at the Nebraska Law Library or online at http://nebraskalegislature.gov.
25-21,219 through 25-21,235 : – Forcible entry and detainer
76-1401 through 76-1449 : – Landlord and Tenant Act
76-1450 through 76-14,111 : – Mobile Home Landlord and Tenant Act
69-2301 through 69-2314 : – Disposition of Personal Property Landlord and Tenant Act