Nebraska Non-Payment of Rent Notice Overview
Nebraska requires a 3-day notice to pay rent or quit under Neb. Rev. Stat. §76-1431(2) before filing an eviction (restitution of premises) action. Nebraska adopted the URLTA, which provides a structured framework for landlord-tenant relationships. The 3-day notice gives tenants a brief cure window on first offense.
Nebraska eviction cases are filed in County Court. Douglas County (Omaha) and Lancaster County (Lincoln) process the highest volumes. Nebraska's process is relatively fast, with hearings typically scheduled within 7-14 days of filing. The state's repeat-offender provision (14-day unconditional notice on second offense) is one of the stricter in the Midwest.
3 Days
Notice period
$47
Avg. filing fee
Yes
Right to cure
2-3 wks
Court process
Nebraska's 3-Day Notice Requirement
Under Neb. Rev. Stat. §76-1431(2), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Nebraska uses a 3-day notice for non-payment under the Nebraska URLTA. If the same tenant is late again within 6 months, the landlord can issue a 14-day unconditional notice with no right to cure. Nebraska evictions are filed in County Court and process relatively quickly.
Nebraska: Repeat Offender Gets 14-Day Unconditional Notice
Under Neb. Rev. Stat. §76-1431(2), if a tenant fails to pay rent a second time within 6 months of receiving a 3-day notice, the landlord may serve a 14-day unconditional notice to terminate. The tenant has no right to cure on the second offense—they must vacate within 14 days regardless of whether they pay. This provision strongly incentivizes timely rent payment.
Nebraska Legal Requirements (Neb. Rev. Stat. §76-1431)
For the notice to be valid under Nebraska law, it must meet specific requirements established by statute and interpreted by Nebraska courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Nebraska law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Nebraska Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Nebraska's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Nebraska law.
Nebraska Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Acceptance may waive eviction.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Nebraska
Nebraska law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Nebraska courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Nebraska courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Nebraska County Court. Include the original notice and proof of service with your filing.
Nebraska Non-Payment Eviction Timeline
The Nebraska eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Pay or Quit | Day 1 |
| Notice period expires | Day 4 |
| File restitution action in County Court | Day 4-6 |
| Summons served | Day 6-10 |
| Court hearing (7-14 days after filing) | Day 11-20 |
| Judgment for possession | Day 11-20 |
| Writ of restitution executed | Day 14-25 |
Total estimated time: 2-4 weeks uncontested. Douglas and Lancaster Counties may be slightly slower. Contested cases add 2-4 weeks.
Nebraska Eviction Filing Fees & Costs
Filing fees for eviction actions in Nebraska vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| County Court Filing Fee | $42 - $60 |
| Service of Process | $15 - $40 |
| Writ of Possession/Restitution | $20 - $50 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $75 - $200 |
Sample Nebraska 3-Day Non-Payment Notice
Below is a preview of our Nebraska-specific non-payment notice. The final document includes all statutory language required under Neb. Rev. Stat. §76-1431(2) and is formatted for Nebraska court proceedings.
THREE (3) DAY NOTICE TO PAY RENT OR QUIT
STATE OF NEBRASKA
Pursuant to Neb. Rev. Stat. §76-1431(2)
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Nebraska Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
NEBRASKA STATUTORY NOTICE:
You have THREE (3) DAYS from service to pay the full amount of rent due or quit the premises. If you fail to comply, your rental agreement will be terminated and the landlord will file a restitution action in Nebraska County Court to recover possession, rent, and costs.