Sometimes tenants just will not live up to the lease agreement. When that happens in Nebraska, the landlord should take action to evict the tenant.
The Cornhusker State has rules landlords must follow before removing a renter from the property. The main rule that must be followed in a forced eviction is to get a court order and have a law enforcement officer perform the eviction. As the legal information website Nolo puts it, "Only a law enforcement officer with a court order can remove the tenant from the rental unit. Nebraska law has made it illegal for the landlord to try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for trying."
REASONS TO EVICT
A forced eviction in Nebraska is possible only for two reasons:
- Not paying rent
- Breaking the lease agreement
If the tenant does not pay the rent by the due date, the landlord has to give the renter a three-day notice to pay. If the three days pass without payment, the matter goes to court. To streamline collection of rent, landlords can use online rent collection services from VerticalRent that provide renters with the ability to pay by either eCheck or Credit Card. Providing the renter the option to pay by credit card helps them in cash flow pinches and keeps the rent paid on-time, every month.
Breaking the lease agreement depends on the contract terms.
If a lease violation is a cause for eviction, the landlord has to send a letter to the tenant. The letter has to state the problem and give the tenant 14 days to address the matter. The Lancaster County Sheriff's Office says, "There are no statutes that dictate a particular type of service or return day for a notice to quit. The Sheriff's Office policy is to attempt service as soon as practical, and service can be either personal, residential or may be accomplished by posting the notice on the door of the residence. The notice to quit is NOT a court document and does not order removal of the occupants."
Thirty days after the notice is posted, the landlord can go to court and get an eviction notice. For all the Nebraska laws governing landlord-tenant relationships, visit the Nebraska Real Estate Commission website.
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