How Can I Evict a Tenant in Nebraska for Failure to Pay Rent?
Full Question:
Answer:
Generally, Nebraska statutes require a landlord to give a tenant 30 days' written notice to vacate when terminating a lease for failure to pay rent. In some cases, the lease allows a tenant to make repairs and deduct the costs from the rent. If rent is unpaid when due and the tenant fails to pay rent within three days after written notice by the landlord of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement. If the tenant doesn't vacate, an action for possession according to the NE statutes below may be brought.:
76-1423 Access.
(1) The tenant shall not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the
premises, make necessary or agreed repairs, decorations, alterations,
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workmen, or contractors.
(2) The landlord may enter the dwelling unit without consent of the
tenant in case of emergency.
(3) The landlord shall not abuse the right of access or use it to
harass the tenant. Except in case of emergency or if it is
impracticable to do so, the landlord shall give the tenant at least
one day's notice of his intent to enter and enter only at reasonable
times.
(4) The landlord has no other right of access except by court order,
and as permitted by subsection (2) of section 76-1432, or if the
tenant has abandoned or surrendered the premises.
76-1441 Complaint for restitution; filing; contents.
The person seeking possession shall file a complaint for
restitution with the clerk of the district or county court. The
complaint shall contain (a) the facts, with particularity, on which he
or she seeks to recover; (b) a reasonably accurate description of the
premises; and (c) the requisite compliance with the notice provisions
of the Uniform Residential Landlord and Tenant Act. The complaint may
notify the tenant that personal property remains on the premises and
that it may be disposed of pursuant to section 69-2308. The complaint
may also contain other causes of action relating to the tenancy, but
such causes of action shall be answered and tried separately, if
requested by either party in writing.
76-1442 Summons; contents; issuance; service; when; affidavit of
service.
The summons shall be issued and directed, with a copy of the
complaint attached thereto, and shall state the cause of the
complaint, the time and place of trial of the action for possession,
answer day for other causes of action, and notice that if the
defendant fails to appear judgment shall be entered against him or
her. The summons may be served and returned as in other cases or by
any person, except that the summons shall be served within three days,
excluding nonjudicial days, from the date of issuance and shall be
returnable within five days, excluding nonjudicial days, from the date
of issuance. The person making the service shall file with the court
an affidavit stating with particularity the manner in which he or she
made the service. If diligent efforts have been made to serve the
summons in the manner provided in sections 25-505.01 to 25-516.01 but
such efforts were unsuccessful, the summons may be served in the
manner provided in section 76-1442.01.
76-1442.01 Summons; alternative method of service; affidavit;
contents.
When authorized by section 76-1442, service of a summons issued
under such section may be made by leaving a copy of the summons at the
defendant's last-known address and mailing a copy by first-class mail
to such address. The plaintiff shall file an affidavit with the court
showing that an attempt was made to serve the summons in the manner
provided in sections 25-505.01 to 25-516.01, the reasons why such
service was unsuccessful, and that service was made by posting the
summons at the last-known address of the defendant and mailing a copy
by first-class mail to the defendant.
76-1446 Trial; judgment; limitation; writ of restitution;
issuance.
Trial of the action for possession shall be held not less than ten
nor more than fourteen days after the issuance of the summons. The
action shall be tried by the court without a jury. If the plaintiff
serves the summons in the manner provided in section 76-1442.01, the
action shall proceed as other actions for possession except that a
money judgment shall not be granted for the plaintiff. If judgment is
rendered against the defendant for the restitution of the premises,
the court shall declare the forfeiture of the rental agreement, and
shall, at the request of the plaintiff or his or her attorney, issue a
writ of restitution, directing the constable or sheriff to restore
possession of the premises to the plaintiff on a specified date not
more than ten days after issuance of the writ of restitution. The
plaintiff shall comply with the Disposition of Personal Property
Landlord and Tenant Act in the removal of personal property remaining
on the premises at the time possession of the premises is restored.
76-1431 Noncompliance; failure to pay rent; effect.
(1) Except as provided in the Uniform Residential Landlord and
Tenant Act, if there is a noncompliance with section 76-1421
materially affecting health and safety or a material noncompliance by
the tenant with the rental agreement or any separate agreement, the
landlord may deliver a written notice to the tenant specifying the
acts and omissions constituting the breach and that the rental
agreement will terminate upon a date not less than thirty days after
receipt of the notice if the breach is not remedied in fourteen days,
and the rental agreement shall terminate as provided in the notice
subject to the following. If the breach is remediable by repairs or
the payment of damages or otherwise and the tenant adequately remedies
the breach prior to the date specified in the notice, the rental
agreement will not terminate. If substantially the same act or
omission which constituted a prior noncompliance of which notice was
given recurs within six months, the landlord may terminate the rental
agreement upon at least fourteen days' written notice specifying the
breach and the date of termination of the rental agreement.
(2) If rent is unpaid when due and the tenant fails to pay rent within
three 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.
(3) Except as provided in the Uniform Residential Landlord and Tenant
Act, the landlord may recover damages and obtain injunctive relief for
any noncompliance by the tenant with the rental agreement or
section 76-1421. If the tenant's noncompliance is willful, the
landlord may recover reasonable attorney's fees.