If you own rental property in Lincoln and Lancaster County, Nebraska you might have had to deal with an eviction. If you have not been through the process yet, the general process is set out below. The process is based on the Nebraska Landlord Tenant Act, which is available here.
Notice
If the eviction is based on a breach of the lease because the tenant has failed to pay rent, you will need to do a three day notice of failure to pay rent. An example of a three day notice to quit is available here.
The notice could also be for breach of another condition. If the condition can be remedied the tenant should be given a chance to fix it. If the breach is of a provision related to activity that is not allowed to occur, no fix is available. So the tenant has thirty (30) days to vacate the premises. This is pursuant to Nebraska Statute 76-1431
The notice should be left in the tenant's mailbox and one taped to the tenant's door.
File a Complaint for Restitution
This means you are asking for the court to return the premises to you. You can and should ask for attorneys fees. You will need to file an Affidavit with the Complaint talking about how the three day notice was served. The lease agreement and notice will need to be on the door. Nebraska Statute 76-1441 sets out what must be included.
File a Pracipe for Summons
The Lancaster County Court will issue a Summons letting the tenant know of the hearing. The Summons will normally set the hearing for fourteen (14) days after the Summons is issued. An example Pracipe for summons is available here. You will likely want to ask that the Lancaster County Sheriff serve the Pracipe. Make sure to immediately call the Lancaster County Sheriff after filing the Pracipe to pre-pay the service fees. You can contact their office at (402) 441-6500.
Hearing on Restitution
The initial hearing which is set will likely be about the failure to pay rent, or the other breach of the lease which caused the notice. If an extensive evidentiary hearing is necessary the Judge will likely set the case for a later hearing date. However, you should have evidence available about the rent that is due. If the tenant does not show up the Judge will issue a Writ of Restitution indicating that the tenant is ordered to leave the premises.
The Writ of Restitution must be executed within ten days of issuance. Because of this relatively narrow window, it will be executed without delay. Service will not be made, however, until the plaintiff has deposited sufficient funds with the Sheriff's Office to cover the reasonably anticipated costs and fees. So again, you should contact the Lancaster County Sheriff's office to pre-pay the service fees. To expedite the process, the plaintiff should provide a contact name and phone number. More information is available from the Lancaster County Sheriff's website here.
DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and Madathil Law Office LLC and website publisher. No information contained in this post should be construed as legal advice from Madathil Law Office LLC , or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Notice
If the eviction is based on a breach of the lease because the tenant has failed to pay rent, you will need to do a three day notice of failure to pay rent. An example of a three day notice to quit is available here.
The notice could also be for breach of another condition. If the condition can be remedied the tenant should be given a chance to fix it. If the breach is of a provision related to activity that is not allowed to occur, no fix is available. So the tenant has thirty (30) days to vacate the premises. This is pursuant to Nebraska Statute 76-1431
The notice should be left in the tenant's mailbox and one taped to the tenant's door.
File a Complaint for Restitution
This means you are asking for the court to return the premises to you. You can and should ask for attorneys fees. You will need to file an Affidavit with the Complaint talking about how the three day notice was served. The lease agreement and notice will need to be on the door. Nebraska Statute 76-1441 sets out what must be included.
File a Pracipe for Summons
The Lancaster County Court will issue a Summons letting the tenant know of the hearing. The Summons will normally set the hearing for fourteen (14) days after the Summons is issued. An example Pracipe for summons is available here. You will likely want to ask that the Lancaster County Sheriff serve the Pracipe. Make sure to immediately call the Lancaster County Sheriff after filing the Pracipe to pre-pay the service fees. You can contact their office at (402) 441-6500.
Hearing on Restitution
The initial hearing which is set will likely be about the failure to pay rent, or the other breach of the lease which caused the notice. If an extensive evidentiary hearing is necessary the Judge will likely set the case for a later hearing date. However, you should have evidence available about the rent that is due. If the tenant does not show up the Judge will issue a Writ of Restitution indicating that the tenant is ordered to leave the premises.
Writ of Restitution
A Writ of Restitution directs the Lancaster County Sheriff to remove the defendant and restore the premises to the plaintiff. It is the policy of the Sheriff's Office to execute such writs by attempting to obtain voluntary compliance from the defendant in a fashion which minimizes any unnecessary hardship. In the absence of compliance, the Sheriff's Office will execute the writ by removing the occupants personally and/or by changing the locks on the premises. The Office will remove personal property only when specifically directed to do so by court order.The Writ of Restitution must be executed within ten days of issuance. Because of this relatively narrow window, it will be executed without delay. Service will not be made, however, until the plaintiff has deposited sufficient funds with the Sheriff's Office to cover the reasonably anticipated costs and fees. So again, you should contact the Lancaster County Sheriff's office to pre-pay the service fees. To expedite the process, the plaintiff should provide a contact name and phone number. More information is available from the Lancaster County Sheriff's website here.
If you are a landlord in Lincoln, Nebraska you may want to speak to an attorney about handling your eviction. Contact Madathil Law Office for a free initial consultation.
Angela Y. Madathil
Madathil Law Office LLC
Nebraska Landlord-Tenant Eviction Attorney
T: 402.807.3174
DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and Madathil Law Office LLC and website publisher. No information contained in this post should be construed as legal advice from Madathil Law Office LLC , or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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