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Nebraska Uniform Residential Landlord & Tenant Act

Updates ,

Five-Day Notice to Quit: 

  • Does not apply to tenant if conduct is committed by a person on the premises other than the tenant or household member and the tenant or household member does one of the following:
    • Seeks a protective order, restraining order or other similar relief against the person engaging in the conduct; or
    • Reports such conduct to law enforcement in an effort to initiate a criminal action against the person engaging in the conduct; or
    • If the conduct is an act of domestic violence, the tenant or household member receives certification of the domestic violence from a qualified third party
      • Qualified third party – nonprofit organization with an affiliation agreement with DHHS to provide services to victims of domestic violence and sexual assault
  • If both the victim and perpetrator of domestic violence are leaseholders, the 5-Day Notice only applies to the perpetrator

 

Domestic Violence Protections:

  • A tenant that is a victim of domestic violence, or whose household member is a victim of domestic violence, can terminate the lease without penalty if:
    • Tenant obtains a protective order, restraining order or other similar relief against the perpetrator, or
    • Obtained a certification confirming the domestic violence from a qualified third party
  • Tenant must provide landlord:
    • Copy of protection order, restraining order, or certification from a qualified third party
    • Written notice stating the date tenant wishes to terminate lease and the names of household members to be released from the lease
      • Must be at least 14 days, and no more than 30 days, from the date tenant provided documentation and written notice to the landlord
  • Tenant is liable for rent for the month tenant terminates the lease
  • Other leaseholders are not released from the lease

 

Eviction Lawsuits:

  • All eviction lawsuits must state the statutory authority for the eviction

 

Security Deposit:

    • If the security deposit is returned as undeliverable, or if the returned balance of the security deposit remains outstanding for one year, it shall be considered abandoned property and should be reported and paid to the State Treasurer

 

Notice to Enter Rental Dwelling:

  • Landlord must give tenant 24-hours written notice of intent to enter
    • Provide to every occupant
    • Include intended purpose for entering and reasonable period landlord intends to enter

 

Continuance of Court Hearing on Eviction:

  • Court may grant continuance of court hearing for good cause
  • A subsequent continuance will only be granted if extraordinary cause is shown
  • If a subsequent continuance extends the trial date into the next periodic rental period, the court may require tenant to deposit rental payments to the clerk of the court during the pendency of the eviction lawsuit

 

Service of Summons and Complaint (Eviction Lawsuit):

  • Sheriff/Constable must post copy of summons and lawsuit to the actual door of rental dwelling if can’t serve personally