Tuesday, February 9, 2016

How to Evict Someone in Nebraska: A do-it-yourself resource for landlords

How to Evict Someone in Nebraska Without a Lawyer

This document was originally published October 2012.  I've since updated with a new link to a revised form and additional information as people have sent it to me.  This information was last updated Feb 2016.  If you follow this process and have any issue with the instructions, please leave a comment for the rest of us and I will research and update.

After spending a frustrating morning Googling how to evict someone in Nebraska, three phone calls to attorneys, and more Googling, I finally figured out how to evict someone in Nebraska and all the documents you need in order to do it.  You are not required to hire an attorney to do this, but as I've found with most legal issues in Nebraska it's difficult to get anyone to explain to you how to do them.  I found it incredibly annoying that there wasn't better information available on how to do this, so I spent an hour writing up the steps I went through and including examples of all the forms used so that it might be of help to the next person.

Below I have detailed the steps I personally went through to successfully get an eviction case filed in Douglas County, Nebraska.  I am not a lawyer and this is not legal advice.  I called around to several local attorneys for prices and they ranged from $500 - $1,000.  I had one lawyer break down the charges for me and she explained that most of her time is tied up in the actual eviction hearing since they do these cases all at once (often 50 at a time) and you have to wait for your name to be called.  The attorney also informed me that I'd need to attend the court case, so you're not saving any time there by hiring an attorney.  By continuing to read this you are agreeing to these terms and conditions at the following link.

I recommend starting these steps as soon as possible since from start to finish the process is around 20 days, and the longer you wait to get started, the longer it will take to complete.  I know two of the most pressing questions I had when I got started with this process were:

How long does it take to evict someone in Nebraska?  

Best case scenario it takes about 18 days.  Here's how it breaks down:  3 days written notice, 10-14 days to get a court case date, and then possible a few additional days to arrange with the sheriff to have your tenants belongings physically removed.

How much does it cost to evict someone in Nebraska?

If you do it yourself  it costs $45 to file the paperwork and $25 to hire a constable to deliver the summons.  If you have a lawyer do this for you, expect to pay $400 - $1,000.  

Step 1:

3 Day Notice Example

Post a 3 Day Notice on the tenants door and put a copy in their mailbox.  Here's a template with things you'll want to customize in yellow.  Simple copy and paste into a Word Doc.

__________________________________________________

NOTICE

To:       Jane Doe
            Put her address here

           


            Pursuant to Section 76-1401 et seq. R.R.S. 1943 (Reissue 1976) you are hereby notified that the rent on the premises you presently occupy at the above-referenced address is unpaid, although due and owing, $________ for the unpaid balance for October, 2012, plus $50 late fee since the October 5th, that if you fail to pay said rent and late fee within 3 days (three days) of receipt of this notice, the landlord shall terminate, the owner is entitled to possession of the property you presently occupy, and the owner may have a claim for rent and a separate claim for actual damages for breach of the rental agreement, together with reasonable attorneys’ fees and court cost. 

            This letter also serves notice that your name may enter the property within the next six days for a property inspection.  Please call your name at (XXX) XXX-XXXX if you would like to be notified prior to the inspection.

            I served this Notice on this 11th day of October 2012, by delivering or mailing a true copy of the same to the above described premises in Omaha, Douglas County, Nebraska.


                                                                        By,



                                                                        Your Name
                                                                        Your address
                                                                        Your phone number
                                                                        
__________________________________
Step 2:
If the 3 day notice has passed without response, you may want to enter the property to evaluate it for damages.  Take photos.  I recommend doing this during the day and to avoid causing any confrontation if someone is at the house.  Be nice and ask to see the property.  Do not accept a partial payment of rent.  I'm not exactly sure why, but I had two different attorneys tell me that accepting partial payments slows down the process.

Step 3:

Nebraska Eviction Petition Example 

Create a petition to file with the court.  Here is an example of the petition that I used.  The Douglas County office does not have any forms for you to use to do this.  If you are seeking damages for any late rent or damage to the property it can be included here as well.  From what I could tell, there was no difference in the filing process if you were or were not seeking damages for past rent or property, so I personally included them. 

__________________________________________________

Petition for Eviction Based on Non-Payment of Rent and Money Damages

Case No. __________________________________                         In the Justice Court of
                                                                                                            Douglas County, Nebraska
                                                                                                            Precinct _____, Place _____
Your Name
Plaintiff

vs.

Your Tenants Name
Defendant

1.      COMPLAINT.  Plaintiff files the complaint against the above-named Defendant to evict Defendant from Plaintiff’s premises, which is located in the above precinct and which is described:  address of property.

2.      SUIT FOR MONEY.  RENT and PROPERTY DAMAGE.  Plaintiff does seek a judgment for rent.  Rent is due on the 5th day of the month.  The rent is $650 per month.  The Defendant’s rent is not subsidized by the government.  Plaintiff seeks judgment for property damage to the interior door of the premises per the CONDITION OF PREMISES section of the lease agreement.  Seeking damages for the door and installation at a quoted price of $XXX. 

3.      SERVICE OF CITATION.  Plaintiff requests service of citation on Defendant by personal service at the above described premises.  Other addresses of Defendant listed in the written lease agreement are as follows:  None. 

4.      GROUND FOR EVICTION.  Defendant has violated the rental agreement between Plaintiff and Defendant dated __________________ and has refused to vacate after Notice to Quit from Plaintiff placed in mailbox and posted on door of premises on Thursday, October 12, 2012.  The rental agreement violation involved Defendant’s failure to pay the rent for the period beginning the 5th day of October 2012, and running through the present, which is still due and unpaid. 

5.      JUDGEMENT REQUESTED.  Plaintiff requests judgment for Plaintiff and against Defendant for possession of premises and for issuance of a Writ of Possession, and all court costs.  Additionally, Plaintiff requests judgment for the Plaintiff and against Defendant for the following:

a.       Rent.  If the eviction is based on the breach of an agreement to pay rent, Plaintiff requests judgment for unpaid rent in the amount of $650, as calculated at time of filing, and Plaintiff also seeks judgment for rent accruing from the date of filing and becoming due thereafter. 
b.      Attorney’s Fees.  If Plaintiff decides to engage an attorney, Plaintiff requests judgment for attorney’s fees because a written agreement binding on Defendant contains a provision entitling Plaintiff to attorney’s fees. 
c.       Post-judgment interest.  If Plaintiff is granted a judgment, Plaintiff requests post-judgment interest as allowed by statute or the rental agreement. 
The Court may send any notice to Plaintiff via U.S. mail, telephone, or email, as follows:
Your Address
Your Phone Number
Your Email




PLAINTIFF:     Your Name


By _______________________________________
Signature

__________________________________________
Printed Name of Person Signing




Subscribe and Sworn to before me on this the ____________ day of ________________________2012.

_________________________________________________


Step 4:

How to Summon your Tenant to Court

Fill out the form: Summons for Restitution of Premises Under Residential Landlord and Tenant Act of Forcible Entry and Detainer.  You can find a copy at the following link.  If this link doesn't work, check the Nebraska Supreme Court website in the forms section.  It is forn no cc:3:3.  Since you are not using a lawyer, anywhere it says attorney you can fill in your name and then put Plaintiff Pro Se in parenthesis.  Using this form you can select whether you want the sheriff or a constable to deliver for you.  I was told that your summons is delivered much faster by a constable than the sheriff.  The clerk at the Douglas County had the phone numbers of several constables and called them on my behalf, which was much appreciated.  I'm not sure if this standard practice.  He was able to find a constable to deliver the summons the same day for $25.

Step 5:
Fill out the form called Praecipe.  There were a bunch of different forms that included the word Praecipe, but you'll want the one that only says Praecipe.  Form number C/SC 123 (6/96).

Here is a link to the Praecipe document someone sent me: Link to Praecipe C/SC 123

On the form their is a section that says "To the Clerk of the Court said.  Please issue" and then a bunch of lines where you are supposed to put instructions on the summons.  You can write something like this:

Please issue a summons to Renter’s Name at the Douglas County Corrections Facility located at address at the earliest convenience.  Deliver summons via Constable’s Name (or you could put Sheriff here if delivering by Sheriff)

Step 6: 
Include a copy of your original lease and 3 Day Notice with the rest of the paperwork above and give it to the Clerk in the Civil/Small Claims division at the Douglas County Courthouse.  You'll need to have cash or check to pay the court filing fee ($45) and to pay the constable or sheriff ($25).  You also need two copies of all forms.  The clerk will then look over all the forms and will provide you a receipt that includes your case number and hearing date and time.  In Douglas County, the hearings will usually be set at 9:00 am in Courtroom 20.  They are usually set 10-14 days from the filing date.  If your renter does not show up to the court date, I you win the case by default.  

See the following comment added by Lucas about the court process:  When my case was called by the judge, I gave the judge my affidavit which basically says I gave them a 3 day notice and mailed them my letter of complaint... then he asked me for an "affidavit of judgment". I didn't have one so he pulled out a form, made me swear that I gave them a 3 day notice and that they failed to pay rent and basically filled out the affidavit on the spot. Watching the other court cases before me, the affidavit of judgment was filled out my most of the plantiffs and basically speeds up the court hearing process because then the judge doesn't have to make you swear under oath that you gave them a 3-day notice. I recommend asking the clerk when you file for the court case for an example of an affidavit and they can provide an example.

Other notes:
  • I asked everyone I talked to if there was any faster process besides the eviction process.  Everyone I asked told me the laws are very strict and there is no faster way to evict someone.  
  • Douglas County Court phone number is 402-444-5386 and address is 1819 Farnam St, Omaha, NE.  It is on the "civil" side of the courthouse.
  • If you are required to do anything or fill out any forms that are not included in this document, please add a comment and I will include this for the next person.  Good karma for contributing!  
  • If the tenant pays their rent, turns over the keys, and voluntarily vacates the property you can dismiss the lawsuit and not attend your court date.  I would have the tenant sign a lease termination agreement as I was told if you do not handle properly they can sue you for an improper eviction.  Here's a sample termination letter:
___________________________________________________
LEASE TERMINATION AGREEMENT

This Lease Termination Agreement ("Agreement") is entered into between ___________________________., ("Landlord") and _________________., ("Tenant").

WHEREAS, Landlord and Tenant’s predecessor in interest are parties to that certain Lease dated  ________________,    for the property located at address ("Premises"); and

WHEREAS, the parties now desire to provide for the termination of the Lease, and the return of the Leased Premises to Landlord, prior to the current expiration date of the Lease.

NOW, THEREFORE, in consideration of mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follow:

                1. Termination.   The parties agree that in lieu of the original expiration date of_______________________, the Lease shall terminate on ___________________ ("Termination Date").  Prior to the Termination Date, Tenant shall quit the Premises and surrender and return the Premises to Landlord, in clean condition.

                2. Lease Termination Fee.   In consideration for Tenant being relieved of further obligations under the Lease after the Termination Date, Tenant and Landlord agree that Tenant shall____________________________________________________________________________________________________________________________________by ______________, 2012.

3. Liability of Termination.  Termination of said Lease, however, shall not release Lessee from any acts or obligations there under, whether of indemnity or otherwise, resulting from any acts, omissions, or events happening prior to termination date or thereafter in case by the terms of the said Lease it is provided that anything shall or have to be done after termination date.

4. Binding upon Successors and Assigns.  This Agreement shall be for the benefit of and be binding upon, the parties hereto and their respective successors and assigns.

                5. Final Agreement.  This Agreement shall constitute the final agreement and understanding of the parties on the subject matter hereof.  This Agreement may be modified only by a further writing signed by the parties.

                6. Attorney Fees.  If any legal action is commenced to enforce or interpret the terms of this Lease Termination Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which the prevailing party may be entitled.

7.       Nebraska Law; Illegality.  This Agreement shall be governed by the laws of the State of Nebraska.  In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been contained herein.

                IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the _____ day of _____________, 2012.



LANDLORD:                                                                           TENANT:

____________________________                   _____________________________________

Date:_________________________            Date:_________________________________




________________________________________________

I hope this was helpful to you!

76 comments:

  1. Step 4. The form now has a new number (CC 3:3) and can be found here: http://supremecourt.ne.gov/2938/summons-restitution-premises

    ReplyDelete
    Replies
    1. this link isn't working either - really having trouble finding this form!

      Delete
    2. The new form is (CC:3.24)
      https://supremecourt.nebraska.gov/sites/default/files/CC-3-24.pdf

      Delete

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  2. My grandmother has been trying to get my deadbeat uncle to move out...for 6 years. He was told in the beginning that he had to pay $200 a month in rent. He has never paid a dime. Will the process be the same?

    ReplyDelete
  3. Hey Shanna! I would assume that the process would be exactly the same. You could always consult a lawyer if you had additional question (or just go to the court and ask them). My cousin's wife is a lawyer and she's great and super reasonable. Here's her website: http://www.shannonbenashlaw.com/

    Hope that helps! Amanda

    ReplyDelete
  4. Amanda,

    This was extremely helpful! Thank you for capturing all of the steps in such great detail and proving the templates as examples. We filled for the court case today and the county clerk said that we have to mail a copy of "Summons Restitution of Premises" paper they created for us along with 2 copies of the complaint with an affidavit of first class mail. Did you have to do that as well?
    best,
    Lucas

    ReplyDelete
    Replies
    1. Hi Lucas! Did they just have you send it via first class mail instead of having the sheriff or constable deliver it? Did you have to have them sign for it? If so I'll include that as an option!

      Delete
    2. Did you ever find an answer to this question?

      Delete
  5. Amanda,

    Again, I can't thank you enough on how helpful this was for us. We had our court case today and won by default (defendant did not show up). There were 20 cases before us and only 2 of them actually showed up and in both instances the landlord won "restitution of the premises".

    I sent my the "Summons Restitution of Premises" (the court hearing notification that the clerk printed), 2 copies of the complaint (I think because there were 2 defendants... 2 people on the lease) and the affidavit via first class mail... the clerk said don't do certified mail.

    When my case was called by the judge, I gave the judge my affidavit which basically says I gave them a 3 day notice and mailed them my letter of complaint... then he asked me for an "affidavit of judgment". I didn't have one so he pulled out a form, made me swear that I gave them a 3 day notice and that they failed to pay rent and basically filled out the affidavit on the spot. Watching the other court cases before me, the affidavit of judgment was filled out my most of the plantiffs and basically speeds up the court hearing process because then the judge doesn't have to make you swear under oath that you gave them a 3-day notice. I recommend asking the clerk when you file for the court case for an example of an affidavit and they can provide an example.

    ReplyDelete
    Replies
    1. You are so welcome! I'm glad you won your case!

      I'll include this affidavit of judgment in the steps so people are aware of that. Good information! The next step is trying to get them to actually pay the damages that they owe you. I'm not sure if you can do that through the same process or if you have to go to small claims court for that. I recently went through small claims court on another issue and I found it actually much easier and the people were much more helpful than with the eviction process. I think it's because in small claims there are no lawyers involved so they don't need to protect that industry. If you win your small claims court case and they have a bank account you can have the court garnish their wages right from their bank account, or you can garnish their wages through their employer. If they don't have any money at all (which was the case when I was going through the eviction process) then it's pointless to go to small claims because even if you win you'll never see any money.

      Thanks again for commenting on your experience! Take care!

      Delete
  6. What is the process if the person did not sign a lease? For example, if a person owns a house, the fiance moves in, they breakup and that person won't leave. What is the process because there was never a formal lease?

    ReplyDelete
  7. I, too would be interested in the response to the above question. I rent rooms to boarders in my personal house with a 30 day agreement. They give me 30 days if they want to move out and I give them 30 days if I need them to move out. I have a boarder currently that will not move, even after I gave him 30 days...and then some. I will begin the eviction process tomorrow. And I am so grateful for all the work you've done that will make this process so much easier for me. I will let you know how it goes. Wish me luck.

    ReplyDelete
  8. I filled out all your paperwork just as you instructed, walked into the Courthouse, Room 20 on the Farnam Level and walked out 20 minutes later. It was so slick! Thank you again for all the help. I also grabbed a blank Praecipe Form, scanned it into a .pdf and could send it to you to post on this site if you'd like.

    ReplyDelete
    Replies
    1. Hi Smm1966! So glad that these instructions were helpful for you. It would be great if you could email the blank Praecipe form so I could include it for people in the future. Could you email it to amandajkohler @ gmail dot com (don't want to include my exact email because of spam)? Let me know if there's anything else in the process people should know! Was there any problem that you didn't have a lease or anything different about the steps? Sending good karma your way! Good luck and keep me updated if there's anything else that comes up! -Amanda

      Delete
    2. Can you advise where I can find the Praecipe form? I will be working on this at the courthouse tomorrow morning.

      Delete
  9. Thank you, Amanda. Your blog is extremely helpful! Did you ever get a blank Praecipe form that you can share?
    Thank you!
    Darya

    ReplyDelete
    Replies
    1. So sorry I didn't reply to this earlier! I do have the blank Praecipe form now and have included it on the blog. Thanks!

      Delete
  10. Thank you Amanda.
    Could you please give us your opinion or suggestion, What will be the best way to do all these step from a long distance?
    We live in MN and we are renting our house in NE , and we are in the process to do an eviction but, my husband and I we are thinking that we will need to take some days off from work.
    Thank you again. This information is very helpful.

    ReplyDelete
    Replies
    1. Hi Rosemaris, did you ever find out the answer to your question about whether the landlord is required to personally appear in court? I may be facing a similar situation. Thanks!

      Delete
  11. Thank you, Thank you, Thank you!!!!

    ReplyDelete
  12. Thank you very much Amanda!!! This blog has helped a lot!!
    Question: One of the tenant on the lease has disappear ( she doesn't leave there anymore for 6 months and not where to find her)
    How do I follow the process for eviction? Do I need to serve her too? if that so How?
    Thanks

    ReplyDelete
  13. Amanda,
    I cant thank you enough! There are a couple of differences I found for Kimball County in Nebraska, after the judgement (and the first court case is only determining restitution of premises) you must file a writ of execution and restitution of premises. Here is the format I used: please use it if it will help you-


    IN THE COUNTY COURT OF (__________) COUNTY, NEBRASKA

    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    THE STATE OF NEBRASKA
    KIMBALL COUNTY

    To the Sheriff of Kimball County:

    WHEREAS, in a certain action for the forcible entry and detention of the following described premises, to wit:

    (_____Property address____); lately tried before the County Court of Kimball County, wherein was Plaintiff, and Defendant and all others claiming possessory interest for property address: were the Defendants, judgement was entered on the _____ day of ____________2015. Plaintiff is entitled to restitution of the premises described in the Petition as stated in Kimball Court.

    YOU ARE THEREFORE commanded to cause the Defendants to be forthwith removed from the premises, and the Plaintiff to have restitution of the same; also that you levy the goods and chattels of the Defendants, and make costs aforesaid, and all accruing costs; and of the writ make legal service and due return according to the law.

    WITNESS my hand and seal this __________day of ______________ 2015.



    _______________________________________

    County Judge

    ReplyDelete
    Replies
    1. On the left side of the 'bullets' I placed a text box and worded:
      (_____________________) Plaintiff,

      VS.

      (_____________________) Defendant

      and on the right side I placed in a text box:

      WRIT OF EXECUTION AND
      RESTITUTION OF PREMISES.

      Delete
    2. Thanks so much for sharing this!

      Delete
  14. Thank you. I am helping my mother in law with this process. We appreciate your willingness to share.

    ReplyDelete
    Replies
    1. You are very welcome! Glad it was helpful to you!!

      Delete
  15. I am about to start this process . with you winning the case. Are you able to sue them past rent and submit for garnishments or will this process work and just request for garnishment from the judge for past rent owed?

    ReplyDelete
  16. I think evictions are sad but the law states that if you don't pay you can get evicted from the place that you are renting. I am glad that people have a notice because that gives them time and sometimes they are just running behind schedule on their bills. I think it is important that you get the money to them so that you don't get evicted in the end. https://24hourprocess.com/services.html

    ReplyDelete
  17. I'm buying my house on contract and my uncle moved in 2 years ago on a short term basis. He pays every month but we cannot seem to get along anymore. He let's his dog run wild and she messes all over my furniture, floor, and rugs. Here's my issue. From what I've read in Nebraska you have to serve a 3 day notice to quit in order to get someone out. But if they do pay what they owe the "Landlord" must stop all action to get the "tenant" out. I do not care about the money I just want him out of my house. Please help.

    ReplyDelete
  18. Can you ask the tenant if they would like to terminate their lease?

    ReplyDelete
  19. Amanda wish me LUCK I am using your information to evict my drug addicted son and his girl friend that have not paid a dime or made attempt to relocate after allowing them to stay when the were evicted from low income housing. I told them that they could stay 3 weeks no more than 4 and they had to find a place before the time I gave them ran out. Well here it is 2 months later and because they get mail here even through they pay no rent I now have to evict them from my own home. What the hell is wrong with our society when a man that has paid for his own home and worked hard all his life now has to evict freeloaders from his house. I have learned a very good lesson here, NEVER let anyone stay at your home as they seem to have rights even though they do not work or pay any bills. What a wonderful state we live in. So again thanks for the information about how to evict someone in Nebraska.

    ReplyDelete
    Replies
    1. Hi Leo, I am going through something similar with my son, how did things turn out for you? Were you able to evict your son and girlfriend? If you were did you go through the same process that Amanda shares in her blog?

      Delete
  20. Two things I learned: First, if you have a locked apartment building, make sure to give the sheriff or constable a key so they can get into the building to serve the summons. Second, make sure that the tenant's mailbox clearly has their name on it. That way if the constable can't serve them in person, you are able to move onto the next step of the process and request to be able to have the constable leave it (since the name is on the mailbox it's considered a legitimate address) and for you to mail it as well.

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  21. This comment has been removed by the author.

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  22. Amanda,
    Very very helpful information. Thank you so much!

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  23. If someone breaks the lease by breaking doors and windows, what's your advice?

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  24. So I had court this morning and thanks to this blog and all the help it offered, I won by default because the defendant did not show up. Now waiting for a call from the Constable that he is there ready for me to change the locks, he says it will be this afternoon. Anyone know what I have to do with her belongings, I drove by the house and it looks occupied so I doubt she will be taking much with her.

    ReplyDelete
  25. Question??? Can a landlord serve eviction papers to the tenets place of work??

    ReplyDelete
  26. Question??? Can a landlord serve eviction papers to the tenets place of work??

    ReplyDelete
  27. Amanda, I asked a lawyer friend for information about evictions. He pointed me to your site, said if I followed the steps I wouldn't have any problems. I filed my paperwork today and I was in an out of the courthouse in about 15mins. Thanks for the expert advice.

    ReplyDelete
  28. My uncle let this guy move into my grandmother's house on a verbal contract that he would pay $325 a month rent he has not paid rent in several months and now my grandmother would like him out there anything I can do?

    ReplyDelete
  29. My husband decided to let his friend of many years move into our home. Low and behold his friends girlfriend moved in as well. That was not the agreement. That my husband made. It was suppose to be his friend and friend only. Don't pay rent, argue's everyday. I've given them verbal warning and more verbal warning. I was assulted by my husband's friend girlfriend in front of my 6 month old child now the person won't leave period. So what do I do. They are not on a lease I want these people gone for good
    Please help only looking for peace and safety of my child

    ReplyDelete
  30. Thanks for sharing this. I had a good experience filling forms online and happy to share it with you. BTW, there is an online service through which you can fill out a Fannie Mae 1202, the fillable blank is here https://goo.gl/9dqPPI

    ReplyDelete
  31. Last year my husband and I moved from Nebraska to Arizona and we decided to rent our home in Nebraska. Unfortunately it was to a close friend who we thought was responsible but we found out she was not. Anyway she's been consistently late in the rent. In fact we agreed on $600/month but she's only paid $555 or $565 from Dec - June 2015. In July she started to pay the rent sporadically; never the whole amount. The rent was going to be used to pay the monthly mortgage and since she hasn't paid the full amount since June we haven't been able to pay the mortgage and we cannot maintain two households. This situation is even more difficult since she is such a close friend. I know I could do an order to vacate but I'm sure she wouldn't have the full rent and late fees by a specific due date. I need some advice on how to proceed in this matter.

    ReplyDelete
    Replies
    1. Posting a 3 day evict or quit can get some people's attention. You can simply print and post on their door. There is nothing to file with the courts. After 3 days you can decide to pursue further through the courts.

      Delete
  32. Is there a standardized Writ of Restitution Form for the State of Nebraska? When filing our paperwork for court, the court clerk informed us we would need to bring the Writ of Restitution form the day of court for the judge to sign if we were awarded the judgment. Can't seem to find this Writ available.

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  33. Can the state evit me for not having water or power and u am a homeowner?

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  34. This comment has been removed by the author.

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  35. This comment has been removed by the author.

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  36. Can the state evict me for not having water or power ,and i am a homeowner?

    ReplyDelete
  37. Can the state evict me for not having water or power ,and i am a homeowner?

    ReplyDelete
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  39. I was told that you HAVE to have a lawyer there, if you have an LLC, since the LLCs are actual legal entities and cannot represent themselves.
    Any experience with this?

    Additionally, I have a property manager, and would like him to be able to do this for me.
    We have done this in Iowa with no problem, but heard/experienced that they want you to either be the owner of the LLC or a lawyer.
    We do have a management agreement in place, he is not an owner of the LLC.

    Thanks in advance!

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  40. Hello thanks for sharing the information nice blog.I will go over your personal situation and explain how bankruptcy may affect your debts, assets and property. Chapter 13 NJ

    ReplyDelete
  41. Hello ,
    Am Mrs Cynthia corvin . Am a lady with a great testimony I live in USA and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave happiness to me and my family, i was in need of a loan of $360,000.00 to start my life all over as i am a mother with 2 kids I met this honest and GOD fearing man loan lender that help me with a loan of $360,000.0.Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs cynthia corvin, that refer you to him. contact Mr.Zak,via email:- feroozsuptoo@outlook.com

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  42. Works like a charm. Got my day in court. Now I have to wait for May 30th.

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  43. HELP! I am trying to get my current tenant evicted for Breach of Lease. I followed step 1, but instead of the 3 day notice I gave her a 14-day Notice of Termination For Reocurring Breach Of Residential Lease. Her 14 days will be up tomorrow & she has no intention on leaving. So the next step says to file a Petition for Eviction Based on Non-Payment. Wouldn't I need one that states: Petition for Eviction Based on Breach of Lease? Please respond at your earliest convenience. Thanks, mhill121@cox.net

    ReplyDelete
  44. Hello ,
    Am Mrs Cynthia corvin . Am a lady with a great testimony I live in USA and i am a happy woman today? and i told my self that any lender that rescue my family from our poor situation, i will refer any person that is looking for loan to him, he gave happiness to me and my family, i was in need of a loan of $360,000.00 to start my life all over as i am a mother with 2 kids I met this honest and GOD fearing man loan lender that help me with a loan of $360,000.0.Dollar, he is a GOD fearing man, if you are in need of loan and you will pay back the loan please contact him tell him that is Mrs cynthia corvin, that refer you to him. contact Mr.Zak,via email:- feroozsuptoo@outlook.com

    ReplyDelete
  45. How do you evict a family member who is basically a squatter? My boyfriends mom refuses to move out. She asked to live with him for 1 month and that was 7 years ago. She was asked repeatedly to be out by August 1, 2017 and has had every excuse in the book as to why she can't move out. She has never had a lease with him, never paid rent, utilities, or any compensation. They only have had verbal agreements. She won't even answer his text by text, she will wait and answer him verbally. We are beyond frustrated with her lies and maniplation.

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  46. I'm currently in a similar scenario with my tenants who are unresponsive and refuse to pay on their new lease. The house is in Sarpy so I'm trying to find the differences based on your notes and am coming up short. Any advice? I have already mailed the 3-Day notice and still no response. I'm looking into moving on to the next steps

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    Replies
    1. I forgot to add, I'm currently living in FLorida now, so I'm trying to figure out what can be done from here before I pay for plane tickets back and forth just to file papers and court dates...

      Delete
  47. Thanks for your input -- this saved me over $300 and took about 30 minutes of my time --

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  48. Thank you!!! I used this for Lancaster county and just changed the information.

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    ReplyDelete
  50. Thank you for these instructions!!! The Nebraska eviction process is TERRIBLE!!!!!!!!!!! And the State should have forms in order to make the process easier for landlords. It's repulsive that they make it this difficult to evict non-paying or damaging tenants!!! Thank you Amanda!! This has made my day!!!

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  51. This comment has been removed by the author.

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  52. Nice Post. Thanks for sharing this informative information with us. free legal help for tenant eviction

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  53. trying to get 2 family members out my house

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  54. trying to get 2 family members out my house

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  55. It was wondering if I could use this write-up on my other website, I will link it back to your website though.Great Thanks. pay someone to write my essay

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  56. How does this process work if you live in another state? Can I send someone in my place to represent me?

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  57. Can this process be used when you have a verbal lease agreement with the landlord and have a roommate (who is NOT included in the lease agreement) whom you want to evict, like an ex-boyfriend?

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  58. Corrected link --
    https://devlegalsimpli.blob.core.windows.net/pdfseoforms/pdf-20180219t134432z-001/pdf/Nebraska-Eviction-Summons-Form.pdf?sv=2018-03-28&si=readpolicy&sr=c&sig=MXHnWmn0sXNXztiU%2Bugk2d7DV7KBCOuXF3oBMx0EeEw%3D

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  59. How do evict my girlfriend that does not pay any bills at all and lives off me she has been living with me at this address I'm at for almost three years now and I can't keep supporting her

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