Facing Eviction in Nebraska: What Can I Do?

1. Your landlord can send you a written notice that rent is unpaid. The notice must say the landlord plans to end the rental agreement if you do not pay. If you do not pay within 7 calendar days after the notice, the landlord may end the rental agreement.

   Nebraska Legislature Neb. Rev. Stat. § 76-1431(2)

   ✓ Sources checked October 2, 2026

2. Your landlord may send a written notice about a material (important) breach of your rental agreement. The notice must list what you did or failed to do. The rental agreement will end at least 30 days after you get the notice. It will not end if you fix the breach within 14 days. The same applies if you break a tenant duty in a way that materially affects health and safety. Those duties include following building and housing codes, keeping your part of the home clean and safe, and not damaging the home.

   Nebraska Legislature Neb. Rev. Stat. § 76-1431(1) Nebraska Legislature Neb. Rev. Stat. § 76-1421

   ✓ Sources checked October 2, 2026

3. After 5 days' written notice, your landlord can sue to get the home back. You have no right to fix the problem first. The notice can be for violent crime, or for illegally selling a controlled substance (a restricted drug). Any other activity that threatens the health or safety of other tenants, the landlord, or the landlord's employees or agents counts too. The rule does not apply if someone other than you or your household does it and you take a step. A step you can take is to seek a protective order (a court order to keep that person away).

   Nebraska Legislature Neb. Rev. Stat. § 76-1431(4)

   ✓ Sources checked October 2, 2026

4. Your landlord can sue to get the home back after 5 days' written notice. You have no right to fix the problem first. The reason can be any activity that puts the health or safety of other tenants, the landlord, or the landlord's workers at risk. Violent crime and illegal drug sales are named in the same rule.

   Nebraska Legislature Neb. Rev. Stat. § 76-1431(4)

   ✓ Sources checked October 2, 2026

5. Your landlord can sue to get the home back after 5 days' written notice. You have no right to fix the problem first. The reason can be violent crime, illegal drug sales, or other acts that put health or safety at risk. It covers acts by you, your household, a guest, or anyone under your control or there with your permission.

   Nebraska Legislature Neb. Rev. Stat. § 76-1431(4)

   ✓ Sources checked October 2, 2026

6. Your landlord may not retaliate (get back at you) after you report a code violation. That means raising your rent, cutting your services, or threatening an eviction case. You make the report to a government agency. The agency must enforce a minimum building or housing code. The violation must materially affect health and safety. An inspector can condemn (close) a very bad home.

   RenterLaw editorial Nebraska Legislature Neb. Rev. Stat. § 76-1439(1)

   ✓ Sources checked October 2, 2026

7. Your landlord may not retaliate (get back at you) by raising rent, cutting services, or bringing or threatening an eviction case. This applies after you complain to a government agency about a code violation (a break of building or housing rules) in your home. The violation must materially (in an important way) affect health and safety. It also applies after you join a tenants' union. If your landlord does this, you have a defense in the eviction case. A defense is a legal reason the landlord should not win. Reasonable rent increases or changes in services are still allowed.

   Nebraska Legislature Neb. Rev. Stat. § 76-1439(1)

   ✓ Sources checked October 2, 2026

8. Your landlord may not raise rent, cut services, or bring an eviction case after you complain. The complaint is to a government agency about a code violation (a broken housing rule) that has a material effect on health and safety. In 3 cases your landlord may still sue. One: you or someone in your household or there with your consent caused the violation mainly by lack of reasonable care. Two: you are in default in rent (behind on rent). Three: fixing the violation needs alteration (building changes), remodeling, or demolition (tearing down) that would effectively take away your use of the home. For very bad conditions, an inspector can condemn the home (order everyone to leave).

   RenterLaw editorial Nebraska Legislature Neb. Rev. Stat. § 76-1439(1)

   ✓ Sources checked October 2, 2026

9. Your landlord starts the case by filing a complaint (a court paper asking for possession). It goes to the clerk of the district or county court. The complaint must name the specific law the landlord relies on. It must give the facts in detail. It must describe the property reasonably accurately. It must show the landlord followed the notice rules of the Uniform Residential Landlord and Tenant Act.

   Nebraska Legislature Neb. Rev. Stat. § 76-1441(1)

   ✓ Sources checked October 2, 2026

10. Your summons comes with a copy of the complaint. It states the time and place of trial. It says that if you fail to appear, judgment (the court's decision) will be entered against you. If you were properly served and do not appear, the court will try the case as though you were there.

    Nebraska Legislature Neb. Rev. Stat. § 76-1442 Nebraska Legislature Neb. Rev. Stat. § 76-1444

    ✓ Sources checked October 2, 2026

11. On or before the day set for your appearance, you may appear and answer. You may assert any legal or equitable (fairness-based) defense, setoff (an amount that lowers what you owe), or counterclaim (your own claim against the landlord).

    Nebraska Legislature Neb. Rev. Stat. § 76-1445

    ✓ Sources checked October 2, 2026

12. Trial is held not less than 10 nor more than 14 days after the summons is issued. The judge hears the case without a jury.

    Nebraska Legislature Neb. Rev. Stat. § 76-1446

    ✓ Sources checked October 2, 2026

13. If judgment (the court's final decision) goes against you for return of the property, the court declares the rental agreement forfeited (ended). The landlord may then ask for a writ of restitution (a court order to return the property). That order tells the constable or sheriff to give the property back to the landlord on a set date. The date is not more than 10 days after the order is issued.

    Nebraska Legislature Neb. Rev. Stat. § 76-1446

    ✓ Sources checked October 2, 2026

14. You may appeal a judgment (the court's final decision in your case) as in other civil actions. An appeal stops the writ of restitution (the court order to give the property back) only if you meet two conditions. First, you deposit the judgment amount and costs with the clerk of the district court, or give an appeal bond with surety (a guarantee). Then you pay into court each month an amount equal to the monthly rent in the rental agreement when the complaint was filed.

    Nebraska Legislature Neb. Rev. Stat. § 76-1447

    ✓ Sources checked October 2, 2026

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