Eviction Process In Nebraska

Summary

In Nebraska, if a tenant remains after the lease expires and refuses to leave after a 30-day notice, you can proceed with an eviction. File a Forcible Entry and Detainer action in your local county court and serve a 7-day notice to vacate. Posting the notice on the door may not be sufficient; personal delivery or certified mail is recommended. Check with your local county court for specific service requirements.

Full Conversation

I have a renter in my basement she is on the Nebraska rental help. but her lease has expired. i gave her a 30 day notice to quit, but she refuses to leave. I'm told I have to star the 7 day notice to evict. but most evictions are for back rent. what should I do
Hi ****,
In Nebraska, if a tenant remains after the lease expires and refuses to leave after a *-day notice, you can proceed with an eviction. Here’s what you can do:
- File a "Forcible Entry and Detainer" action in your local county court.
- Serve a *-day notice to vacate.
Would you like contact details for the nearest court to you?
no would you be able to provide that kind of 7 day notice
Hi ****,
Yes, you can provide a *-day notice to vacate in Nebraska. This notice should inform the tenant that they have seven days to leave the premises. If they do not comply, you can then file for eviction in the local county court.
Would you like a sample template for this notice?
yes
Hi ****,
Sure, here’s a sample template for a *-day notice to vacate in Nebraska:
---
***-Day Notice to Vacate**
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date]
[Tenant's Name]
[Tenant's Address]
[City, State, ZIP Code]
Dear [Tenant's Name],
This notice serves to inform you that you must vacate the premises located at [Property Address] within seven (*) days of this notice. Your lease expired on [Lease Expiration Date], and you have been given a *-day notice to quit, which you have not complied with.
If you fail to vacate the premises within seven (*) days, I will take legal action to evict you.
Sincerely,
[Your Name]
[Your Contact Information]
---
Would you need any further assistance with this process?
yes how do I go to court and file eviction notice
Hi ****,
To file an eviction notice in Nebraska, follow these steps:
*. **Prepare the Documents:**
- Complete a "Complaint for Forcible Entry and Detainer" form.
- Attach the *-day notice to vacate and any other relevant documents.
*. **File at the Court:**
- Go to your local county court and file the complaint.
- Pay the required filing fees.
*. **Serve the Tenant:**
- Have the court issue a summons.
- Ensure the tenant is served with the court documents.
Would you like more detailed information on any of these steps?
YES If I put Notice on door And Since She's only here * to 3 days every * weeks is that acceptable
Hi ****,
In Nebraska, posting the notice on the door may not be deemed sufficient. Typically, you should try to deliver the notice personally or send it via certified mail. It's best to check with your local county court for specific service requirements.
Do you need assistance finding your local county court's contact details?
Don't know how I can send certified letter when I don't know where she is or know where she's at. I put it on the door and sent her a picture don't even know if she still has a phone.
Hi ****,
I understand your concern. In Nebraska, personal delivery or certified mail is generally required. Since you’re unsure of her current address and phone, you may need to proceed with the steps you’ve taken and inform the court about your efforts.
Would you like information on how to explain this to the court?
please
Hi ****,
When explaining your situation to the court, you should detail the steps you took to serve the notice. Here's what you can include:
- **Efforts to Serve Notice:** Describe how you posted the notice on the door and sent a picture.
- **Tenant's Absence:** Explain that the tenant is only present *-3 days every * weeks and that you are unaware of her current address or phone number.
Would you like a sample statement for your court filing?
please
Hi ****,
Sure, here's a sample statement for your court filing:
---
**Sample Statement for Court Filing**
Your Honor,
I am writing to inform the court of the efforts I have made to serve notice to my tenant, [Tenant’s Name], who resides in my basement. The tenant's lease expired on [Lease Expiration Date], and I have provided a *-day notice to quit, which was not complied with. Consequently, I served a *-day notice to vacate by:
*. **Posting the Notice:** I posted the notice on the door of the tenant’s residence on [Date].
*. **Photographic Evidence:** I took a photograph of the posted notice and sent it to the tenant’s last known phone number. However, I am unsure if the tenant received the message, as I am unaware of her current phone number or address.
*. **Tenant's Absence:** The tenant is only present at the property *-3 days every * weeks, making it challenging to serve the notice in person.
I have made every possible effort to comply with legal requirements for notice delivery under the circumstances.
Sincerely,
[Your Name]
---
Would you need any more assistance with this process?
which court do I go to district or county
Hi ****,
In Nebraska, eviction cases are generally handled by the county court. You should file your "Forcible Entry and Detainer" action in the county court where the rental property is located.
Would you need any further assistance with this process?
yes what is forceable entry and detainer
Hi ****,
In Nebraska, a "Forcible Entry and Detainer" (FED) action is a legal process used to regain possession of rental property when a tenant refuses to leave after a lease has expired or has violated lease terms. It involves:
- Filing a complaint in county court.
- Serving the tenant with eviction notice.
- Attending a court hearing where a judge decides the case.
Would you need more details on any part of this process?
yes
Hi ****,
Sure, here are more details about the "Forcible Entry and Detainer" (FED) process in Nebraska:
*. **Filing a Complaint:**
- Complete a "Complaint for Forcible Entry and Detainer" form.
- Include the *-day notice to vacate and any other relevant documents.
- File the complaint at your local county court and pay the required filing fees.
*. **Serving the Tenant:**
- After filing, the court will issue a summons.
- Ensure the tenant is served with the court documents, typically through a process server or sheriff.
*. **Court Hearing:**
- Attend the scheduled court hearing.
- Present your evidence and explain the steps you took to serve the notice.
- The judge will decide whether to grant the eviction.
*. **Post-Hearing:**
- If the court grants the eviction, the tenant will be given a specific period to vacate.
- If the tenant still does not leave, you may request a writ of restitution from the court, allowing law enforcement to remove the tenant.
Would you like more information on any specific step or assistance with preparing documents?
if the tenant hasn't been seen for * weeks can I just do abandoned property
Hi ****,
In Nebraska, you generally need to follow specific procedures to declare a property abandoned. Here are the steps:
- **Attempt to Contact Tenant:** Send a notice to the tenant’s last known address.
- **Wait Period:** Typically, you must wait a certain period (e.g., 7 days) after sending the notice.
- **File for Eviction:** If the tenant does not respond, you may need to proceed with an eviction to legally reclaim the property.
Would you like more details on how to file for an eviction based on presumed abandonment?
so can I file eviction on 7th day or do I have to wait till 8th day
Hi ****,
In Nebraska, you can proceed with filing an eviction on the 7th day after serving the *-day notice to vacate if the tenant has not complied. Ensure you have documented your efforts to serve the notice.
Would you need help with any specific forms or further steps in the process?
yes please
Hi ****,
To proceed with filing an eviction in Nebraska, follow these steps:
*. **Prepare the Forms:**
- Complete a "Complaint for Forcible Entry and Detainer" form.
- Attach your *-day notice to vacate and any other relevant documents.
*. **File at the County Court:**
- File the complaint at your local county court where the rental property is located.
- Pay the required filing fees.
*. **Serve the Tenant:**
- The court will issue a summons.
- Ensure the tenant is served with the court documents, typically through a process server or sheriff.
Would you like a link to the forms or additional guidance on preparing the documents?
how do I file form at county court
Hi ****,
To file a form at the county court in Nebraska, follow these steps:
*. **Prepare the Documents:**
- Complete a "Complaint for Forcible Entry and Detainer" form.
- Attach your *-day notice to vacate and any other relevant documents.
*. **Visit the County Court:**
- Go to the local county court where the rental property is located.
- Submit your documents and pay the filing fees.
*. **Serve the Tenant:**
- The court will issue a summons.
- Ensure the tenant is served with the court documents, typically through a process server or sheriff.
Would you like a link to the forms or additional guidance on preparing the documents?
Her parents have offered to come get her stuff can I allow them to do that
Hi ****,
Yes, you can allow her parents to collect her belongings. However, it's a good idea to document this process to avoid any disputes later. Here are some steps you can follow:
- **Get Written Permission:** Obtain written consent from the tenant, if possible.
- **Inventory:** Make an inventory list of the items being collected.
- **Witness:** Have a witness present during the collection.
Would you need a sample permission letter or any further assistance with this process?
Her parents don't even Know where she is. do I have to go as far as a Sheriff there
Hi ****,
If her parents don't know her whereabouts and you can't serve the notice personally or by certified mail, you may need to use a process server or sheriff to serve the eviction notice. This ensures you comply with Nebraska's legal requirements.
Would you need contact details for the local sheriff's office for assistance?
I mean do i have to have sheriff here when take her stuff. or is it good enough to just have a witness
Hi ****,
In Nebraska, having a witness present when her parents collect her belongings is generally sufficient. However, documenting the process thoroughly is essential.
- **Get Written Permission:** Obtain written consent from the tenant, if possible.
- **Inventory:** Make an inventory list of the items being collected.
- **Witness:** Have a witness present during the collection.
Would you need a sample inventory list template?
please
Hi ****,
Sure, here’s a sample inventory list template for when her parents come to collect her belongings:
---
**Inventory List for Tenant Belongings Collection**
**Date:** [Date]
**Tenant's Name:** [Tenant’s Name]
**Property Address:** [Property Address]
**Collector's Name:** [Parent's Name]
**Witness’s Name:** [Witness’s Name]
**Items Collected:**
*. **Item Description:** [Description]
**Condition:** [Condition]
**Quantity:** [Quantity]

*. **Item Description:** [Description]
**Condition:** [Condition]
**Quantity:** [Quantity]
*. **Item Description:** [Description]
**Condition:** [Condition]
**Quantity:** [Quantity]
*[Add more items as necessary]*
**Signatures:**
**Collector’s Signature:** _______________________
**Witness’s Signature:** _________________________
**Landlord’s Signature:** ________________________
---
Would you need any further assistance with this process?
no thank your very helpful
You're welcome, ****! I'm glad I could assist you. If you have any more questions in the future, feel free to reach out. Good luck with your situation!
she thinks she don't have to leave because her rent is paid by the state
Hi ****,
Even if the tenant's rent is paid by the state, she must comply with the terms of the lease, including vacating the property when the lease expires. Since her lease has expired and you have given a *-day notice, you can proceed with the eviction process if she refuses to leave.
Would you like more information on the legal grounds for eviction in Nebraska?
what to do next if she refuses to leave
Hi ****,
If she refuses to leave after the *-day notice, proceed with filing for eviction in the county court. Here's what to do next:
- **File a Complaint:** Submit the "Complaint for Forcible Entry and Detainer" form at your local county court.
- **Serve the Tenant:** Ensure the tenant is served with the court documents.
- **Attend Court:** Present your case at the scheduled court hearing.
Would you like a link to the forms or additional guidance on preparing the documents?
what if still don't leave after court
Hi ****,
If your tenant still refuses to leave after the court has granted the eviction, you can request a writ of restitution from the court. This allows law enforcement to remove the tenant from the property.
Would you like details on how to request a writ of restitution?
yes
Hi ****,
Here's how to request a writ of restitution after the court grants the eviction:
*. **Obtain the Writ Form:**
- Visit your local county court to get the "Writ of Restitution" form.
*. **Complete the Form:**
- Fill out the form with the necessary details, including the court case number and the judgment for eviction.
*. **Submit the Form:**
- Submit the completed form to the county court clerk.
- Pay any required filing fees.
*. **Law Enforcement Involvement:**
- The court will issue the writ to the sheriff or constable, who will then enforce the eviction by removing the tenant.
Would you need any more assistance with this process?
what if tenant is never here
Hi ****,
If your tenant is rarely present, you can still proceed with the eviction process. Document your attempts to serve notices and present this evidence to the court. Here’s what you can do:
- **File for Eviction:** Proceed with filing the "Complaint for Forcible Entry and Detainer" in county court.
- **Inform the Court:** Explain the tenant's absence and your efforts to serve the notice.
Would you like more details on how to explain the tenant's absence to the court?
thank you
You're welcome, ****! If you have any more questions or need further assistance in the future, feel free to reach out. Good luck with your situation!
do i need this when i file the eviction notice at the court house
Hi ****,
When you file an eviction notice at the courthouse, you’ll generally need the following documents:
- **Complaint for Forcible Entry and Detainer** form.
- ***-Day Notice to Vacate**.
- Any **evidence of your attempts** to serve the notice (photos, witness statements, etc.).
- **Lease agreement** and ***-day notice to quit**.
Would you like a link to any specific forms or further details on preparing these documents?
complaint form
Hi ****,
To file an eviction in Nebraska, you'll need the "Complaint for Forcible Entry and Detainer" form. Here's a link to the form and steps to prepare it:
[Nebraska Complaint for Forcible Entry and Detainer Form](https://supremecourt.nebraska.gov/sites/default/files/CC-DC-*-*.pdf)
**Steps to Prepare:**
*. **Complete the Form:**
- Fill in your details, tenant’s details, and property information.
- Attach your *-day notice to vacate and *-day notice to quit.
*. **File at the County Court:**
- Submit the completed form and attachments at your local county court.
- Pay the filing fees.
*. **Serve the Tenant:**
- The court will issue a summons.
- Ensure the tenant is served with the court documents.
Would you like more details on any of these steps or assistance with filling out the form?
went to court house they said i have to hire a attorney
Hi ****,
In Nebraska, while you have the right to represent yourself in an eviction case, some courts may recommend hiring an attorney due to the complexity of eviction laws. Here’s what you can do:
- **Self-Representation:** Explain to the court that you wish to represent yourself.
- **Legal Aid:** Consider seeking assistance from legal aid organizations that may offer free or low-cost legal help.
Would you like information on local legal aid organizations that can assist you?
yes
Hi ****,
Here are some legal aid organizations in Nebraska that can assist you with your eviction case:
~Nebraska Legal Aid~
**Phone:** (*) *-*
**Address:** * S 19th St #*, Omaha, NE *
**Website:** [www.legalaidofnebraska.org](https://www.legalaidofnebraska.org)

~Legal Aid of Nebraska~
**Phone:** (*) *-*
**Address:** * O St, Suite *, Lincoln, NE *
**Website:** [www.legalaidofnebraska.org](https://www.legalaidofnebraska.org)

Would you like more information on how to contact them or additional assistance?