How much notice do I give a Nebraska tenant who has not paid rent?

A written notice of nonpayment that gives seven calendar days to pay (Neb. Rev. Stat. 76-1431(2)). A written notice to leave must also be served at least three days before you file (25-21,221).

Can I shut off utilities or change the locks in Nebraska?

No. Under 76-1430 the tenant can recover possession or end the lease and recover three months' rent as liquidated damages plus attorney fees.

Nebraska Eviction Steps and Timeline

In Nebraska you give a written notice first: seven calendar days to pay unpaid rent, or a notice that ends the lease in 30 days if a breach is not fixed in 14. If the tenant stays, you give a written notice to leave at least three days before you file, the court sets a trial 10 to 14 days after the summons issues, and a sheriff or constable carries out the writ. You may not lock the tenant out or shut off essential services yourself.

What notice does Nebraska require for unpaid rent or a lease breach?

Under Nebraska Revised Statute 76-1431(2), if rent is unpaid when due and the tenant does not pay within seven calendar days after your written notice of nonpayment and your intention to end the rental agreement if the rent is not paid in that time, you may terminate the rental agreement.

For another material breach of the lease, or a breach that affects health and safety, 76-1431(1) calls for a written notice that names the acts or omissions and says the agreement ends on a date not less than 30 days after the tenant receives it if the breach is not remedied in 14 days. If the breach can be fixed by repairs or payment and the tenant fixes it before the date in the notice, the agreement does not end. If substantially the same breach that you gave notice of recurs within six months, you may end the agreement on at least 14 days' written notice.

Subsection (4) allows a shorter path for violent criminal activity, the illegal sale of a controlled substance, or other activity that threatens the health or safety of others: five days' written notice of termination, with no right to cure. Subsection (5) limits that path when the activity is by someone other than the tenant or a household member and the tenant takes steps such as seeking a protective order or reporting it to law enforcement, so read the full text before you use it.

To end a month-to-month tenancy without a breach, 76-1437(2) requires written notice at least 30 days before the periodic rental date named in the notice. A week-to-week tenancy takes seven days.

Do you also need a notice to leave before you file?

Yes. Section 25-21,221 makes it the duty of the party who wants to start the action to notify the other side to leave the premises. The notice must be served at least three days before you commence the action, by leaving a written copy with the tenant or at the tenant's usual place of abode if the tenant cannot be found. If the tenant or the abode cannot be found in the county where the premises sit, you may leave or post the notice at the premises. Section 76-1431(4) refers to this section, and a Nebraska appeals court has treated the three-day notice to quit as necessary to an order of restitution. Whether the three-day notice may run at the same time as the seven-day notice is a question for your court clerk or attorney, so do not assume it can.

How does the court case work and how fast is it?

Under 25-21,220 you can bring the action against a tenant who is holding over, and a tenant is treated as holding over whenever rent was not paid when due. You file a written complaint that describes the premises (25-21,222). The summons must be served within three days, excluding nonjudicial days, of the date it issues and is returnable within five days, excluding nonjudicial days. Trial on possession is held not less than 10 nor more than 14 days after the summons issues (25-21,223). If the tenant cannot be served with reasonable diligence, service may be made by leaving a copy at the premises and mailing a copy first class, with an affidavit to the court.

The court or jury looks at the rent owed and any damage to the premises and enters judgment (25-21,219 and 25-21,228). A judgment for restitution does not bar a later action by either side (25-21,232).

Who removes the tenant and when?

After a judgment of restitution, the court issues a writ of execution when you ask (25-21,230). The officer, a constable or sheriff, must carry it out within ten days after receiving it by restoring you to possession (25-21,231). An appeal does not automatically stop this: under 25-21,235 the court may let the judgment be enforced after the tenant appeals if you post a bond with sufficient surety or a cash bond that covers the tenant's costs and damages if you lose in the end.

Which mistakes cost a Nebraska landlord time?

Accepting rent after you know of a default. Section 76-1433 says acceptance of rent with knowledge of a default is a waiver of your right to terminate for that breach unless you agree otherwise after the breach.
Skipping the three-day notice to leave. The appeals court treats it as necessary before a restitution order.
Using the five-day path in 76-1431(4) without reading subsection (5), which lists the cases where you may not use it.
Counting days from the wrong date. Seven calendar days run from the notice, and the trial window runs from the day the summons issues, not the day you file.

Example a made-up landlord hands the nonpayment notice to the tenant on Monday, November 9, 2026. The seven calendar days end on Monday, November 16. If the tenant has not paid, the landlord serves the three-day notice to leave that day and may file no earlier than Thursday, November 19. If the summons issues that day, trial falls between Sunday, November 29 and Thursday, December 3, 2026, and the court picks the exact date. Once judgment is entered and the writ is in the officer's hands, the officer has ten days to carry it out.

What can a Nebraska landlord never do?

Section 76-1430 says that if a landlord unlawfully removes or excludes the tenant from the premises, or willfully and wrongfully interrupts electric, gas, water or another essential service, the tenant may recover possession or end the rental agreement and, either way, recover three months' periodic rent as liquidated damages plus a reasonable attorney's fee. Use the court process, not the locks or the meter.

How DoorKeeping handles it

DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

Nebraska Revised Statute 76-1431 (Noncompliance; failure to pay rent), read Oct 30, 2026
Nebraska Revised Statute 76-1430, 76-1433 and 76-1437 (unlawful ouster, waiver, periodic tenancy), read Oct 30, 2026
Nebraska Revised Statute 25-21,221 (Notice to leave premises), read Oct 30, 2026
Nebraska Revised Statute 25-21,223 (Summons; trial date), read Oct 30, 2026
Nebraska Revised Statute 25-21,230 and 25-21,231 (Writ of execution), read Oct 30, 2026

Questions

How much notice do I give a Nebraska tenant who has not paid rent?: A written notice of nonpayment that gives seven calendar days to pay (Neb. Rev. Stat. 76-1431(2)). A written notice to leave must also be served at least three days before you file (25-21,221).
How long after I file does a Nebraska eviction trial happen?: The trial on possession is held not less than 10 nor more than 14 days after the summons issues (25-21,223).
Can I shut off utilities or change the locks in Nebraska?: No. Under 76-1430 the tenant can recover possession or end the lease and recover three months' rent as liquidated damages plus attorney fees.