Nebraska (NE) eviction guide
Quick answer
To evict a tenant in Nebraska, serve the correct written notice (7 days for nonpayment, 5 days for illegal activity, 30 days for lease violations), then file an eviction complaint in county court if the tenant does not comply. A hearing is typically scheduled within 10 to 14 days of serving the summons, and the entire process from notice to lockout usually takes 4 to 8 weeks.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity, holdover after lease ends |
|---|---|
| Minimum notice | 5 days (illegal activity) |
| Where to file | County Court (most cases) or District Court (damages over $57,000) |
| Filing fee | About $52 to $100 (county court) |
| Typical timeframe | 4 to 8 weeks |
For nonpayment of rent; tenant has 7 days to pay in full or vacate before the landlord can file in court.
For lease violations; tenant has 14 days to fix the violation and a total of 30 days before the landlord may sue.
For illegal activity on the premises; tenant has no right to cure and must vacate within 5 days.
For month-to-month tenancies with no specific cause; landlord must give at least 30 days before filing.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve Written Notice | 5 to 30 days | Deliver the correct notice type in writing; the clock starts the day after delivery, and mailed notice adds 3 extra days. |
| 2. File Complaint in Court | 1 to 3 days | If the tenant does not comply, file a petition for restitution at the county court (or district court for claims over $57,000) and pay the filing fee. |
| 3. Serve Summons on Tenant | 1 to 5 days | The county sheriff or a process server delivers the summons and complaint to the tenant, giving them notice of the hearing. |
| 4. Attend Court Hearing | 10 to 14 days after service | A judge reviews evidence from both sides; if the landlord wins, the court issues a judgment for possession. |
| 5. Obtain Writ of Restitution | 1 to 3 days after judgment | The landlord requests the writ from the court clerk; the tenant then has up to 10 days to vacate voluntarily. |
| 6. Sheriff Executes Lockout | Within 10 days of writ | If the tenant remains, the sheriff removes them; only law enforcement may physically remove a tenant. |
Filing an eviction complaint in Nebraska county court costs about $52 to $100 in filing fees, plus a separate $18 fee to execute the writ of restitution under Neb. Rev. Stat. section 33-117. Additional costs can include sheriff service fees and, if you hire an attorney, legal fees that typically run $500 to $2,000 for a straightforward case.
Once the judge rules for the landlord, the court issues a writ of restitution giving the tenant up to 10 days to vacate on their own. If they do not leave, only the county sheriff may execute the writ and physically remove the tenant; a landlord who removes a tenant personally (changing locks, shutting off utilities) commits an illegal self-help eviction and can be sued for three months' rent plus attorney fees under Neb. Rev. Stat. section 76-1430.
General information, not legal advice. Governing statute: Nebraska Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. sections 76-1401 to 76-1449. Self-help eviction is illegal everywhere; always follow the court process.
Nebraska eviction FAQ
Most Nebraska evictions take **4 to 8 weeks** from the day the notice is served to the day the sheriff executes the lockout. Simple uncontested cases can finish closer to 4 weeks; contested hearings or appeals push the timeline toward 8 weeks or longer.
Plan on at least **$70 to $120** in court and writ fees alone: roughly $52 to $100 to file the complaint in county court plus an $18 writ-of-restitution execution fee. Attorney fees, sheriff service charges, and any unpaid rent you choose to pursue add to that total.
No. Nebraska law requires a court judgment before any tenant can be forced out. Skipping court and removing a tenant yourself, changing the locks, or shutting off utilities is an illegal self-help eviction that exposes you to a lawsuit for **three months' rent** plus the tenant's attorney fees.
Common legal grounds include nonpayment of rent, a material lease violation, repeated violations within 6 months, criminal or illegal activity on the property, and holding over after a lease expires. Nebraska's URLTA (Neb. Rev. Stat. section 76-1401 et seq.) governs all of these.
It depends on the violation. For most lease violations the landlord must give **14 days to cure** within the 30-day notice period. For nonpayment of rent the tenant has **7 days to pay**. For illegal activity the tenant has no right to cure and must vacate within **5 days**.
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