Housing & Tenant · Eviction Notice
Eviction Notice in Nebraska
How many days of written notice a landlord must give before filing an eviction in Nebraska, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Nebraska
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Nebraska | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay7 calendar days | The notice must state the landlord intention to terminate if the rent is not paid within seven calendar days (Neb. Rev. Stat. 76-1431(2)). Paying within the period keeps the tenancy. |
| Material noncompliance with the agreement | Can fix and stay30 days | A material noncompliance, or one materially affecting health and safety under 76-1421, gives 14 days to remedy and terminates not less than 30 days after receipt (Neb. Rev. Stat. 76-1431(1)). |
| Violent criminal activity on the premises | 5 days | Violent criminal activity by the tenant, a household member, a guest, or another person present with the tenant consent supports a 5-day notice expressly without the right to cure (Neb. Rev. Stat. 76-1431). |
| No cause, month-to-month | 30 days | A no-cause end of a month-to-month tenancy takes 30 days (Neb. Rev. Stat. 76-1437). A week-to-week tenancy takes 7 days. |
| After the notice | Court | Written notice, then a restitution action. The violent criminal activity track is expressly a no-cure route. Only a court can order a tenant removed. |
| Statute | Neb. Rev. Stat. §76-1431; §76-1437 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Nebraska. This is legal information, not legal advice.
- Count seven calendar days
Nebraska is explicit that the rent notice runs seven calendar days, so weekends and holidays count. Note the date you received it and pay within the week if you can, keeping proof of payment.
- Use the cure window for lease violations
For a material lease violation you have 14 days to remedy it, and the tenancy does not end for 30 days after the notice. The violent criminal activity track is different, giving 5 days with no cure, so respond to that one immediately.
- Respond to the restitution case
If you do not resolve it, the landlord files a restitution action and you are served with a court date. Appear with your lease, receipts, and any messages. A tenant who does not show up can lose by default.
- Get local legal help
A local Nebraska legal aid office can explain the notice and, in particular, the reach of the violent criminal activity ground. Search for legal aid in your area and act before the court date.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Nebraska renters get wrong
Nebraska is explicit that the seven days are calendar days, which removes the ambiguity that trips renters up in states that count business days. The more consequential Nebraska rule is the reach of the violent criminal activity notice. It runs five days, carries no chance to cure, and it applies not only to the renter but to household members, guests, and anyone else on the property with the renter consent (Neb. Rev. Stat. 76-1431). A renter can lose the tenancy over conduct they did not commit and may not have known about. For ordinary situations the clocks are more familiar: unpaid rent gets a 7-calendar-day notice to pay, and a material lease violation gives 14 days to remedy with the tenancy not ending for 30 days. Ending a month-to-month tenancy without cause takes 30 days under Neb. Rev. Stat. 76-1437, and a week-to-week tenancy takes seven. After the notice, a restitution action follows, and only a court can order a tenant out.
Common questions
Are Nebraska seven days calendar days or business days?
Calendar days. Neb. Rev. Stat. 76-1431(2) says seven calendar days, so weekends and holidays count. That removes the ambiguity that arises in states which count business days, and it means the deadline is exactly one week from the notice.
Can I be evicted in Nebraska for what a guest did?
For violent criminal activity, potentially yes. Neb. Rev. Stat. 76-1431 reaches conduct by the tenant, a household member, a guest, or anyone present with the tenant consent, on a 5-day notice with no cure. That is a broad reach, so get legal advice quickly if you receive such a notice.
Why is the Nebraska lease violation notice 30 days when rent is only 7?
They answer different questions. Unpaid rent is a fast 7-calendar-day matter, while a material lease violation under Neb. Rev. Stat. 76-1431(1) gives 14 days to remedy and does not end the tenancy for 30 days after the notice.
Can I fix a lease violation on day 14 in Nebraska?
For a material noncompliance, the statute gives 14 days to remedy the breach. Fixing it within that window keeps the tenancy even though the termination date on the notice is at least 30 days out. Keep written proof that you cured it.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.