Nebraska eviction notice and late fee rules

Notice for unpaid rent

7 days — If rent is unpaid when due, the landlord may terminate the rental agreement if the tenant fails to pay within seven calendar days after a written notice of nonpayment and of the landlord's intention to terminate if rent is not paid in that period.

Ending a month-to-month tenancy

Either party may end a month-to-month tenancy with written notice given at least thirty days before the periodic rental date specified in the notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

If rent is unpaid when due, the landlord may terminate the rental agreement if the tenant fails to pay within seven calendar days after a written notice of nonpayment and of the landlord's intention to terminate if rent is not paid in that period.

“(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.”
Neb. Rev. Stat. § 76-1431(2)

Paying to stop an eviction

If the breach is remediable and the tenant adequately remedies it before the date in the notice, the rental agreement does not terminate.

“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.”
Neb. Rev. Stat. § 76-1431(1)

Notice for other lease violations

For a qualifying breach, the landlord may deliver a written notice specifying the breach and stating that the rental agreement will terminate on a date not less than thirty days after receipt if the breach is not remedied in fourteen days.

“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.”
Neb. Rev. Stat. § 76-1431(1)

If substantially the same noncompliance recurs within six months after a prior notice, the landlord may terminate on at least fourteen days' written notice specifying the breach and termination date.

“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.”
Neb. Rev. Stat. § 76-1431(1)

For violent criminal activity, illegal sale of a controlled substance, or other activity threatening health or safety on the premises, the landlord may file suit after five days' written notice of termination, without a right to cure (subject to exceptions in subsection (5)).

“a landlord may, after five days' written notice of termination of the rental agreement and without the right of the tenant to cure the default, file suit and have judgment against any tenant or occupant for recovery of possession of the premises”
Neb. Rev. Stat. § 76-1431(4)

Ending a month-to-month or other periodic tenancy

Either party may end a week-to-week tenancy with written notice given at least seven days before the termination date in the notice.

“(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.”
Neb. Rev. Stat. § 76-1437(1)

Either party may end a month-to-month tenancy with written notice given at least thirty days before the periodic rental date specified in the notice.

“(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.”
Neb. Rev. Stat. § 76-1437(2)

Lockouts and utility shutoffs

If the landlord unlawfully removes or excludes the tenant, or willfully interrupts essential services such as electric, gas, or water, the tenant may recover possession or terminate the agreement and recover three months' periodic rent as liquidated damages plus a reasonable attorney's fee.

“If the landlord unlawfully removes or excludes the tenant from the premises or willfully and wrongfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent as liquidated damages, and a reasonable attorney's fee.”
Neb. Rev. Stat. § 76-1430

Retaliation

Except as provided in the section, a landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening an action for possession after the tenant engages in the protected activities listed in the statute.

“(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:”
Neb. Rev. Stat. § 76-1439(1)

A tenant subjected to prohibited retaliation is entitled to the remedies in section 76-1430 and has a defense to an action for possession.

“(2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession.”
Neb. Rev. Stat. § 76-1439(2)

What the notice must say and how it is delivered

Under the forcible entry and detainer statutes, the notice to leave must be served at least three days before the action by leaving a written copy with the adverse party or at the usual place of abode; if neither can be found in the county, it may be left at or posted on the premises.

“This notice shall be served at least three days before commencing the action by leaving a written copy with such adverse party, or at his usual place of abode, if he cannot be found. Where the defendant or his usual place of abode cannot be found in the county where the premises are located, such notice may be served by leaving such notice at or posting it on the detained premises.”
Neb. Rev. Stat. § 25-21,221

The summons in an action for possession must be served within three days (excluding nonjudicial days) of issuance and is returnable within five days (excluding nonjudicial days).

“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.”
Neb. Rev. Stat. § 76-1442

Court deadlines and the eviction case

Trial of the action for possession is held not less than ten nor more than fourteen days after the summons issues, and is tried by the court without a jury.

“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.”
Neb. Rev. Stat. § 76-1446

After judgment for restitution, the writ directs the sheriff or constable to restore possession on a specified date not more than ten days after the writ issues.

“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.”
Neb. Rev. Stat. § 76-1446

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Nebraska rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Nebraska have to give for unpaid rent?

If rent is unpaid when due, the landlord may terminate the rental agreement if the tenant fails to pay within seven calendar days after a written notice of nonpayment and of the landlord's intention to terminate if rent is not paid in that period. (Neb. Rev. Stat. § 76-1431(2)).

How much notice is needed to end a month-to-month tenancy in Nebraska?

Either party may end a month-to-month tenancy with written notice given at least thirty days before the periodic rental date specified in the notice. (Neb. Rev. Stat. § 76-1437(2)).