Eviction Notice and Complaint for Restitution Package - Nebraska

EVICTION NOTICE AND COMPLAINT FOR RESTITUTION PACKAGE — NEBRASKA

TABLE OF CONTENTS

1. Pre-Filing Compliance Checklist
2. Document A — Seven-Day Notice to Pay Rent or Quit
3. Document B — Fourteen-Day / Thirty-Day Notice of Material Noncompliance
4. Document C — Five-Day Notice of Termination (Violent / Criminal Activity)
5. Document D — Affidavit / Proof of Service of Notice
6. Document E — Complaint for Restitution of Premises
7. Document F — Summons
8. Document G — Proposed Judgment and Writ of Restitution
9. Nebraska Practice Notes
10. Sources and References

1. PRE-FILING COMPLIANCE CHECKLIST

☐ Confirm URLTA applies (residential, not exempt under § 76-1408).
☐ Confirm lease (written or oral) and rent amount.
☐ Confirm rent ledger; account for any partial payments and rental assistance.
☐ Confirm the correct notice period (7-day nonpayment / 14-day material breach / 5-day violent criminal activity).
☐ Confirm proper service under § 76-1439 (personal delivery or certified mail).
☐ For § 76-1431(4) actions, confirm subsection (5) domestic-violence exceptions do NOT apply.
☐ Confirm no protected status (SCRA, federally subsidized housing requirements).
☐ Calendar cure period and date of intended filing.

2. DOCUMENT A — SEVEN-DAY NOTICE TO PAY RENT OR QUIT

(Neb. Rev. Stat. § 76-1431(2))

TO: [TENANT FULL NAME]
AND ALL OTHER OCCUPANTS OF: [________________________________]
[STREET ADDRESS, UNIT NUMBER]
[CITY], NEBRASKA [ZIP CODE]

FROM: [LANDLORD / AGENT NAME]
[LANDLORD MAILING ADDRESS]
[CITY], NEBRASKA [ZIP CODE]
Telephone: [____________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is unpaid when due for the residential dwelling unit located at the address above. Pursuant to Neb. Rev. Stat. § 76-1431(2), you must pay the full amount of rent due, in good funds, within SEVEN (7) CALENDAR DAYS after written notice of nonpayment, or the rental agreement will be terminated.

Itemization of Rent and Charges Due

Cure Option

You may avoid termination of the rental agreement by paying the full amount due, including late fees, within seven (7) calendar days of the date of this Notice. If you pay the full amount within those seven days, the landlord MUST accept the payment. If you pay only part, or pay after seven days, the landlord may accept or reject the payment at the landlord's discretion. Acceptance of partial rent requires the landlord to serve a new seven-day notice before pursuing eviction.

Payment must be made in the form of [CASH / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / ELECTRONIC PAYMENT] to:

[PAYEE NAME]
[STREET ADDRESS]
[CITY], NEBRASKA [ZIP CODE]
between the hours of [____] a.m. and [____] p.m., Monday through [____].

Consequence of Failure to Pay

If you fail to pay the total amount due within seven (7) calendar days, the rental agreement will terminate and the Landlord will commence an action for restitution of the premises pursuant to Neb. Rev. Stat. § 76-1437 and § 25-21,219 et seq., seeking possession of the premises, unpaid rent, late fees, court costs, and reasonable attorney's fees if your noncompliance is willful (§ 76-1431(3)).

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

3. DOCUMENT B — FOURTEEN-DAY / THIRTY-DAY NOTICE OF MATERIAL NONCOMPLIANCE

(Neb. Rev. Stat. § 76-1431(1))

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with Neb. Rev. Stat. § 76-1421 (Tenant's obligations) and/or the rental agreement in the following respect(s):

Description of Breach

[GUIDANCE: Specifically identify the lease provision or statutory tenant obligation breached, with date, time, conduct, and witnesses.]

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Cure Required

Pursuant to Neb. Rev. Stat. § 76-1431(1), you have FOURTEEN (14) DAYS from receipt of this Notice within which to remedy the breach. If you remedy the breach within fourteen (14) days, the rental agreement shall not terminate.

If the breach is not remedied within fourteen (14) days, the rental agreement shall terminate not less than THIRTY (30) DAYS after your receipt of this Notice, namely on [__/__/____], or such later date as the statute requires.

Specific Acts Required to Cure

☐ [____________________________________________]
☐ [____________________________________________]
☐ [____________________________________________]

Repeat Violation Warning

If substantially the same act or omission constituting this noncompliance recurs within six (6) months, the Landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination, WITHOUT any further opportunity to cure (§ 76-1431(1)).

Consequence of Failure to Cure

If you fail to remedy the breach within fourteen (14) days and continue to occupy the premises after the termination date stated above, the Landlord will commence an action for restitution of the premises pursuant to Neb. Rev. Stat. § 76-1437.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

4. DOCUMENT C — FIVE-DAY NOTICE OF TERMINATION

(Violent / Criminal Activity — Unconditional Quit)

(Neb. Rev. Stat. § 76-1431(4))

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the Landlord is terminating the rental agreement effective FIVE (5) DAYS after service of this Notice, without the right to cure, pursuant to Neb. Rev. Stat. § 76-1431(4).

Grounds for Termination

The Landlord alleges that you, an occupant, a member of your household, a guest, or a person under your control or present with your consent, engaged in one or more of the following on the premises:

☐ Violent criminal activity, including threat of physical assault
☐ Illegal sale of a controlled substance
☐ Illegal use of a firearm or other weapon, or the threat thereof
☐ Possession of a controlled substance (excluding lawful prescription)
☐ Other activity threatening the health or safety of other tenants, the Landlord, or the Landlord's employees or agents

Facts Supporting the Allegation

[Date, time, location, conduct, witnesses, police report number, criminal case caption (if any)]
[____________________________________________________________]
[____________________________________________________________]

Domestic Violence Exception (§ 76-1431(5))

You may have a defense to this Notice if the alleged activity was conducted by someone other than you or a household member, and you or a household member has (i) sought a protective order against the perpetrator; (ii) reported the activity to law enforcement; or (iii) for acts of domestic violence, received certification from a qualified third party under the federal Violence Against Women Reauthorization Act of 2013.

Demand for Possession

You are directed to vacate and surrender possession of the premises on or before [__/__/____] (five days from service). If you fail to do so, the Landlord will commence suit for restitution under § 76-1437.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

5. DOCUMENT D — AFFIDAVIT / PROOF OF SERVICE OF NOTICE

STATE OF NEBRASKA )
) ss.
COUNTY OF [_______] )

I, [NAME OF SERVER], being first duly sworn, depose and state:

1. I am over the age of eighteen (18) and not a party to this action.

2. On [__/__/____], at approximately [____] [a.m. / p.m.], I served the foregoing [check one]:

☐ Seven-Day Notice to Pay Rent or Quit
☐ Fourteen-Day / Thirty-Day Notice of Material Noncompliance
☐ Five-Day Notice of Termination

upon [TENANT NAME], with respect to the premises located at [________________________________], in the following manner pursuant to Neb. Rev. Stat. § 76-1439:

☐ Personal Delivery to the named tenant.
☐ Substituted Delivery by leaving with a person of suitable age and discretion at the dwelling unit.
☐ Certified Mail, return receipt requested, mailed to [ADDRESS] on [__/__/____]; tracking number [____________].
☐ Posting at a conspicuous place on the premises AND mailing by first-class mail on [__/__/____].

Server's Name: [________________________________]
Capacity: ☐ Landlord ☐ Agent ☐ Process Server ☐ Other [______]
Signature: _________________________________

Subscribed and sworn before me this [____] day of [____________], 20[__].

_________________________________
Notary Public — State of Nebraska
My commission expires: [__/__/____]

6. DOCUMENT E — COMPLAINT FOR RESTITUTION OF PREMISES

IN THE COUNTY COURT OF [____________] COUNTY, NEBRASKA

Case No. CI [________________________________]

COMPLAINT FOR RESTITUTION OF PREMISES

(URLTA / Forcible Entry and Detainer — Neb. Rev. Stat. § 76-1437; § 25-21,219 et seq.)

Plaintiff, for cause of action against Defendant(s), alleges as follows:

1. Plaintiff is the owner / authorized agent of the residential rental property located at [STREET ADDRESS, UNIT], [CITY], [COUNTY] County, Nebraska [ZIP].

2. Defendant entered into possession of the premises as a tenant under a [☐ written ☐ oral] rental agreement dated on or about [__/__/____]. Monthly rent is $[__________] payable on the [____] day of each month.

3. This Court has jurisdiction and venue under Neb. Rev. Stat. § 24-517(4) and § 25-21,221 because the premises are located in [____________] County, Nebraska.

4. Grounds for Restitution. (Check all that apply.)

☐ Nonpayment of rent. Defendant has failed to pay rent in the amount of $[__________] due for the periods of [________________________________]. Plaintiff served a seven-day Notice to Pay Rent or Quit on [__/__/____] pursuant to § 76-1431(2). Defendant failed to pay within seven days. (Exhibit A.)

☐ Material noncompliance. Defendant has materially breached § 76-1421 and/or the rental agreement by [________________________________]. Plaintiff served a fourteen-day / thirty-day Notice on [__/__/____] pursuant to § 76-1431(1). Defendant failed to cure within fourteen (14) days. (Exhibit B.)

☐ Repeat noncompliance within six months. Plaintiff served the prior Notice on [__/__/____] for the same act, and Defendant repeated the conduct on [__/__/____]. Plaintiff served a fourteen-day no-cure Notice on [__/__/____].

☐ Violent / criminal activity. Defendant engaged in conduct described in § 76-1431(4), specifically [________________________________]. Plaintiff served a five-day Notice on [__/__/____]. (Exhibit C.)

☐ Holdover after termination. The tenancy was a [month-to-month / fixed-term] tenancy, terminated effective [__/__/____] by Notice served on [__/__/____] pursuant to § 76-1437 (30-day notice for month-to-month) or § 25-21,221 (3-day notice to holdover).

5. Defendant's continued possession of the premises is wrongful and unlawful.

6. Amounts due as of the filing date:

Additional rent accrues at the per diem rate of $[__________] until possession is restored.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Restitution of the premises with immediate possession to Plaintiff;
B. Money judgment in the amount stated above, plus per diem rent and additional damages proven at trial;
C. Writ of Restitution directing the Sheriff of [____________] County to remove Defendant and all occupants from the premises;
D. Costs of suit and reasonable attorney's fees (if applicable); and
E. Such other relief as the Court deems just and equitable.

Dated: [__/__/____]

_________________________________
[ATTORNEY / PLAINTIFF NAME], NSBA No. [____]
[FIRM NAME]
[ADDRESS]
[CITY], NEBRASKA [ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff [or Plaintiff Pro Se]

VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the facts therein are true to my own knowledge, except those alleged on information and belief, which I believe to be true.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me this [____] day of [____________], 20[__].

_________________________________
Notary Public — State of Nebraska
My commission expires: [__/__/____]

7. DOCUMENT F — SUMMONS

IN THE COUNTY COURT OF [____________] COUNTY, NEBRASKA

Case No. CI [________________________________]

SUMMONS (RESTITUTION OF PREMISES)

TO THE DEFENDANT: [TENANT NAME]

A civil action has been filed against you in the County Court of [____________] County, Nebraska. You are hereby summoned to appear and answer the attached Complaint for Restitution of Premises at the time and place stated below.

HEARING DATE: [__/__/____]
TIME: [____] [a.m. / p.m.]
LOCATION: [COURT ADDRESS]
COURTROOM / JUDGE: [____________]

The hearing shall be held within ten to fourteen (10–14) days from the date this Summons is issued (Neb. Rev. Stat. § 25-21,221).

IF YOU FAIL TO APPEAR at the time and place stated, judgment by default may be entered against you for possession of the premises, money damages, and costs.

You may file a written answer or defense before or at the hearing. You have the right to be represented by an attorney. Free or low-cost legal assistance may be available through Legal Aid of Nebraska (1-877-250-2016).

Issued: [__/__/____]

_________________________________
Clerk of the County Court

RETURN OF SERVICE

I served this Summons and the attached Complaint on [DEFENDANT NAME] on [__/__/____] at [____] [a.m. / p.m.], at [ADDRESS], by:

☐ Personal delivery
☐ Residence service (leaving with person of suitable age at usual place of residence)
☐ Certified mail (return receipt no. [________________])
☐ Posting (where personal/residence service not possible)

_________________________________
[SERVER NAME / SHERIFF / DESIGNATED PROCESS SERVER]

8. DOCUMENT G — PROPOSED JUDGMENT AND WRIT OF RESTITUTION

IN THE COUNTY COURT OF [____________] COUNTY, NEBRASKA

Case No. CI [________________________________]

JUDGMENT FOR RESTITUTION

THIS MATTER came before the Court on [__/__/____]. The Court, having reviewed the pleadings and considered the evidence, FINDS:

1. The Court has jurisdiction over the parties and the subject matter.
2. Defendant was duly served with the statutory notice and the Summons and Complaint.
3. Plaintiff has proven the grounds for restitution stated in the Complaint.
4. Plaintiff is entitled to immediate possession of the premises.

IT IS ORDERED, ADJUDGED, AND DECREED:

A. Judgment of restitution is entered in favor of Plaintiff and against Defendant for the premises located at [________________________________];
B. Plaintiff is awarded a money judgment of $[__________] for unpaid rent, $[__________] for late fees, $[__________] for damages, $[__________] for costs, and $[__________] for attorney's fees, for a TOTAL of $[__________];
C. A Writ of Restitution shall issue forthwith.

DATED: [__/__/____]

_________________________________
Judge, County Court

WRIT OF RESTITUTION

TO THE SHERIFF OF [____________] COUNTY:

YOU ARE COMMANDED, pursuant to Neb. Rev. Stat. § 25-21,222, to remove Defendant [NAME] and all other occupants from the premises located at [________________________________], and to restore peaceful possession to Plaintiff [NAME].

This Writ shall be executed not less than ten (10) days following issuance, unless a longer time is required by stay or appeal bond filed under Neb. Rev. Stat. § 25-21,233.

Issued: [__/__/____]

_________________________________
Clerk of the County Court

9. NEBRASKA PRACTICE NOTES

9.1 Statutory Authority Snapshot

9.2 Service of Notices (§ 76-1439)

Notices under URLTA may be served by personal delivery, certified mail (return receipt), or a method reasonably calculated to provide actual notice. Posting alone is insufficient unless preceded by good-faith attempts at personal service.

9.3 Late Fees

Nebraska does NOT statutorily cap late fees, but lease provisions must be reasonable and not constitute a liquidated-damages penalty. Late fees must be specified in the rental agreement.

9.4 Attorney's Fees

Attorney's fees may be recovered only if the tenant's noncompliance is willful (§ 76-1431(3)) OR if expressly provided by lease for cases not involving willfulness. Boilerplate "prevailing party" clauses do not override the willfulness requirement under URLTA.

9.5 Tenant Defenses

☐ Defective notice (form, period, service)
☐ Retaliation (§ 76-1439(2))
☐ Habitability defense (§ 76-1419)
☐ Acceptance of full rent after notice
☐ Domestic-violence exception (§ 76-1431(5))
☐ Servicemembers Civil Relief Act
☐ Federal subsidized-housing termination requirements (e.g., HUD, LIHTC)

9.6 Mobile Home Parks

For mobile home park evictions, use the Mobile Home Landlord and Tenant Act, Neb. Rev. Stat. § 76-1450 et seq., NOT this template.

10. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 76-1401 et seq. (URLTA): https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=76
• Neb. Rev. Stat. § 76-1431 (Noncompliance; failure to pay rent): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1431
• Neb. Rev. Stat. § 25-21,219 et seq. (Forcible Entry and Detainer)
• Legal Aid of Nebraska, Landlord-Tenant Handbook: https://legalaidofnebraska.org/file_download/2595770f-9acb-4623-b5e2-c3b98d5fb01a
• Nebraska County Courts: https://supremecourt.nebraska.gov/courts/county-courts