Skip to content
PayByTown

Eviction notices in Nebraska

Source: Neb. Rev. Stat. § 76-1431; § 76-1413; §§ 76-1440 to 76-1447; § 76-1436 · Checked against the statute

Unpaid rent
7 days (pay or move out)
Lease violation
30 days (fix it or move out)
Serious or repeat violation
14 days

Nebraska eviction notice deadline

Choose the state, the type of notice and the date it was served.

Notice for unpaid rent

If rent is unpaid when due, the landlord must give written notice of nonpayment and of the intent to terminate the rental agreement if the rent is not paid; the landlord may terminate only if the tenant fails to pay within seven calendar days after the notice (Neb. Rev. Stat. § 76-1431(2)). Accepting rent with knowledge of the default waives the right to terminate for that breach unless otherwise agreed after the breach (§ 76-1433).

Can the tenant pay to stop it? The tenant can stop the termination by paying the rent within the 7 calendar days after the written notice.

Type:
Pay or move out
Notice period:
7 days
Law:
Neb. Rev. Stat. § 76-1431(2)

Notice for a lease violation

For a material noncompliance with the rental agreement (or a noncompliance with tenant duties materially affecting health and safety), the landlord may deliver a written notice specifying the breach and stating that the agreement will terminate on a date not less than 30 days after receipt if the breach is not remedied in 14 days (Neb. Rev. Stat. § 76-1431(1)).

Chance to fix it: The tenant has 14 days to remedy the breach; if it is adequately remedied before the termination date, the agreement does not end.

Type:
Fix it or move out
Notice period:
30 days
Law:
Neb. Rev. Stat. § 76-1431(1)

Serious, repeat or illegal-activity violations

If substantially the same act or omission recurs within six months, the landlord may terminate on at least 14 days' written notice specifying the breach and termination date (§ 76-1431(1)). For violent criminal activity, illegal sale of a controlled substance, or other activity threatening the health or safety of other tenants, the landlord or staff on the premises, the landlord may file after 5 days' written notice of termination with no right to cure (§ 76-1431(4)); this does not apply where a non-household person did it and the tenant sought a protective order, reported it to police, or obtained domestic-violence certification (§ 76-1431(5)).

When it applies: Substantially the same breach recurring within 6 months after a prior notice of noncompliance.

Notice period:
14 days
Law:
Neb. Rev. Stat. § 76-1431(1), (4), (5)

How the days are counted

The nonpayment period is stated as seven calendar days after written notice (§ 76-1431(2)); the other periods run from the tenant's receipt of the notice (§ 76-1431(1)). The URLTA notice statute does not say how to treat weekends or holidays. Nebraska's general rule for periods 'in any action or proceeding' excludes the day of the event and extends a period ending on a Saturday, Sunday or court holiday to the next day courts are open (Neb. Rev. Stat. § 25-2221); the statutes do not say whether it applies to pre-filing notices. No extra days for mailing are provided.

How the notice must be delivered

A tenant receives a notice when it comes to the tenant's attention, is delivered in hand, is mailed to the place the tenant designated for notices (or else the last-known residence), or is delivered electronically if the tenant affirmatively consented to electronic delivery (Neb. Rev. Stat. § 76-1413). A landlord may not require consent to electronic delivery as a lease condition (§ 76-1413(9)).

If the tenant doesn't pay, fix it or leave

The landlord files a complaint for restitution in county or district court (Neb. Rev. Stat. § 76-1441). The summons must be served within 3 days (excluding nonjudicial days) of issuance and states the trial date (§ 76-1442); trial is held 10 to 14 days after the summons is issued, and the tenant may appear and answer on or before that day (§§ 76-1445, 76-1446). If the landlord wins, the court issues a writ of restitution directing the sheriff or constable to restore possession on a date not more than 10 days after the writ issues (§ 76-1446). A landlord may not recover possession by any other means, including shutting off utilities (§ 76-1436); unlawful ouster lets the tenant recover possession or terminate and recover three months' rent plus attorney's fees (§ 76-1430). A tenant's appeal stays the writ only if the tenant deposits the judgment and costs with the district court clerk (or gives an appeal bond) and then pays the monthly rent into court (§ 76-1447).

Also good to know

  • Retaliation for code complaints or joining a tenants' union is a defense to an action for possession, except when the tenant is in default in rent (Neb. Rev. Stat. § 76-1439).
  • Changes to electronic-notice rules by Laws 2025, LB185 took effect September 3, 2025 (§ 76-1413(13)).

Related

Sources

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.