Nebraska Statewide Rule
Nebraska Eviction Notice Requirements
Key Facts
- Nonpayment notice
- 7 calendar days (76-1431)
- Lease breach
- 14-day cure / 30-day termination (76-1431)
- Violent/drug activity
- 5-day no-cure notice (76-1431)
- Self-help eviction
- Prohibited; court order required
Summary
Under Neb. Rev. Stat. 76-1431, nonpayment of rent requires a 7-day written notice to pay or vacate before a landlord may terminate. A material lease breach requires written notice giving 14 days to cure, with termination no sooner than 30 days after notice. Violent criminal or drug activity allows a 5-day no-cure notice.
(2) If rent is unpaid when due and the tenant fails to pay rent within seven calendar days after written notice by the landlord of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.
Full Breakdown
Neb. Rev. Stat. 76-1431 governs termination for cause. For nonpayment, if rent stays unpaid 'within seven calendar days after written notice by the landlord of nonpayment and his or her intention to terminate,' the landlord may terminate. For other material noncompliance, written notice must state the agreement terminates 'not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days' (14-day cure / 30-day termination). Where violent criminal activity or illegal drug sales occur on the premises, the landlord may give 'five days' written notice' without a right to cure. After notice expires, the landlord must still file a restitution (eviction) action; self-help lockouts are prohibited.
Violations & Penalties
A landlord who uses self-help eviction (lockout or utility shutoff) instead of court process is liable to the tenant for recovery of possession or termination plus damages of up to three months' rent and reasonable attorney's fees under Neb. Rev. Stat. 76-1430 and 76-1438.
Frequently Asked Questions
How many days notice for nonpayment of rent in Nebraska?
How long to fix a lease violation before eviction?
Can my Nebraska landlord lock me out?
Sources
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