Seven-Day Notice to Pay Rent or Quit (Nebraska)

SEVEN-DAY NOTICE TO PAY RENT OR QUIT — NEBRASKA

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Basis
3. Premises
4. Statement of Rent Due
5. Demand and Cure Period
6. Consequences of Noncompliance
7. Tenant Rights and Defenses (Notice)
8. Method of Payment
9. Reservation of Rights
10. Signature
11. Proof of Service
12. Nebraska Practice Notes
13. Sources and References

1. CAPTION AND PARTIES

TO: [TENANT NAME(S)], and all other persons in possession of the Premises identified in Section 3.

FROM: [LANDLORD NAME], by and through [LANDLORD'S AGENT / PROPERTY MANAGER, IF ANY].

DATE OF NOTICE: [__/__/____]

2. STATUTORY BASIS

This Notice is given pursuant to Neb. Rev. Stat. § 76-1431(2) of the Nebraska Uniform Residential Landlord and Tenant Act (the "URLTA"), Neb. Rev. Stat. §§ 76-1401 to 76-1449. Under § 76-1431(2), if rent is unpaid when due and the tenant fails to pay rent within seven (7) calendar days after written notice by the landlord of nonpayment and of the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement and pursue possession.

3. PREMISES

The Premises subject to this Notice are described as follows:

• Street Address: [STREET ADDRESS, UNIT/APT NUMBER]
• City / County: [CITY], [COUNTY] County, Nebraska
• ZIP Code: [ZIP]
• Rental Agreement Date: [__/__/____]
• Type of Tenancy: ☐ Written lease ☐ Oral month-to-month ☐ Other: [________________________________]

4. STATEMENT OF RENT DUE

You are hereby notified that rent for the Premises is past due and unpaid in the following amounts:

The above amount represents rent only and does not include any late fees, utility charges, damages, or attorney fees, which the Landlord expressly reserves the right to pursue separately.

5. DEMAND AND CURE PERIOD

YOU ARE HEREBY REQUIRED, within SEVEN (7) CALENDAR DAYS after receipt of this Notice, to:

☐ PAY the total rent due set forth in Section 4 in full; OR

☐ QUIT AND DELIVER POSSESSION of the Premises to the Landlord.

The seven-day cure period begins upon your receipt of this Notice and expires at 11:59 p.m. on [__/__/____] (the "Cure Deadline").

If you pay the full amount of rent due before the Cure Deadline, the rental agreement will not terminate and your tenancy will continue subject to its existing terms.

6. CONSEQUENCES OF NONCOMPLIANCE

If you fail to pay the full rent due or vacate the Premises by the Cure Deadline, the Landlord intends to terminate the rental agreement pursuant to Neb. Rev. Stat. § 76-1431(2) and to commence a forcible entry and detainer action under Neb. Rev. Stat. §§ 25-21,219 et seq. and § 76-1441 in the County Court of [COUNTY] County, Nebraska, seeking:

1. Restitution of the Premises (a writ of restitution);
2. Judgment for all unpaid rent and rent that accrues through the date of judgment;
3. Court costs;
4. Reasonable attorney fees as permitted by the rental agreement or by law; and
5. Any other relief the Court deems just and proper.

You are further advised that under Neb. Rev. Stat. § 25-21,223, trial in a forcible entry and detainer action is held not less than ten (10) nor more than fourteen (14) days after issuance of the summons. Eviction filings appear in publicly searchable court records.

7. TENANT RIGHTS AND DEFENSES (NOTICE)

Nebraska law affords tenants several rights and potential defenses that may apply to this matter. This summary is provided for your information; you should consult an attorney or Legal Aid of Nebraska to evaluate any defense to your particular situation.

• Implied Warranty of Habitability — Neb. Rev. Stat. § 76-1419. The Landlord is required to maintain the Premises in a fit and habitable condition, comply with applicable housing codes materially affecting health and safety, maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in good and safe working order, and supply running water and reasonable amounts of hot water and reasonable heat.
• Retaliation Prohibited — Neb. Rev. Stat. § 76-1439. A landlord may not bring or threaten an action for possession, increase rent, or decrease services in retaliation for a tenant's good-faith complaint to a government agency about a housing-code violation, or for joining or organizing a tenants' union.
• Self-Help Bar — Neb. Rev. Stat. § 76-1441 / § 76-1430 / § 76-1436. The Landlord MAY NOT lock you out, remove your belongings, or shut off utilities to force you to leave. A tenant unlawfully excluded or whose essential services are willfully interrupted may recover possession or terminate the rental agreement and recover three (3) months' periodic rent as liquidated damages, plus reasonable attorney fees.
• Security Deposit — Neb. Rev. Stat. § 76-1416. Upon termination, the Landlord must return the security deposit (less itemized lawful deductions) within fourteen (14) days. A willful failure entitles the tenant to liquidated damages equal to one month's rent or twice the security deposit, whichever is less, plus attorney fees.
• Fair Housing — Neb. Rev. Stat. §§ 20-301 to 20-344 and the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. It is unlawful to discriminate in the terms, conditions, or termination of a tenancy on the basis of race, color, religion, sex, familial status, national origin, or disability (and additional classes protected by local ordinance, where applicable).
• Local Protections — Omaha and Lincoln. Some municipalities, including Omaha, have local ordinances and tenant-resource programs (e.g., the Omaha Tenant Coalition) that supplement state law. Tenants should check with their city or county for any source-of-income, voucher, or notice-period ordinances that may apply.
• Right to Counsel. Tenants are entitled to retain counsel and to assert any defense in writing or at the hearing. Free legal assistance may be available through Legal Aid of Nebraska (1-877-250-2016).

8. METHOD OF PAYMENT

Payment must be tendered in full by one or more of the following methods on or before the Cure Deadline:

• ☐ Personal delivery to: [ADDRESS / OFFICE], [OFFICE HOURS]
• ☐ U.S. Mail to: [MAILING ADDRESS] (postmark on or before the Cure Deadline)
• ☐ Electronic payment via: [PORTAL / METHOD] at [URL OR ACCOUNT]
• ☐ Certified funds, money order, or cashier's check (no personal checks): ☐ Required ☐ Not required

Acceptance of a partial payment does not waive the Landlord's right to terminate the rental agreement and proceed with eviction unless the Landlord expressly agrees in writing to such waiver.

9. RESERVATION OF RIGHTS

Nothing in this Notice waives or limits any right or remedy the Landlord may have under the rental agreement, the URLTA, or Nebraska law, including the right to recover unpaid rent, late fees, damages, court costs, and attorney fees, whether or not the tenant cures within the seven-day period. The Landlord expressly reserves all such rights.

10. SIGNATURE

Executed this [____] day of [MONTH], [YEAR].

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed Name: [________________________________]

Title / Capacity: [________________________________]

Mailing Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. PROOF OF SERVICE

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of Nebraska that on [__/__/____] at approximately [____] [a.m./p.m.], I served the foregoing Seven-Day Notice to Pay Rent or Quit on the above-named Tenant in the manner indicated below:

☐ Personal delivery to the Tenant at the Premises.

☐ Substituted service by leaving a copy with a person of suitable age and discretion residing at the Premises (name: [________________________________]) AND mailing a copy by first-class U.S. Mail to the Tenant at the Premises.

☐ Posting and mailing: by conspicuously posting a copy at the front entrance of the Premises AND mailing a copy by first-class U.S. Mail to the Tenant at the Premises.

☐ Certified mail, return receipt requested, addressed to the Tenant at the Premises (tracking number: [________________________________]).

Server Signature: [________________________________]

Printed Name: [________________________________]

Address: [________________________________]

12. NEBRASKA PRACTICE NOTES

• Period. Seven (7) calendar days, counting the day after receipt as day one. Where the seventh day falls on a Saturday, Sunday, or legal holiday, the cure period extends to the next business day under Neb. Rev. Stat. § 25-2221.
• Computation. Service is effective upon receipt; absent proof of receipt, courts often apply a mailbox rule (date of mailing plus a reasonable receipt period) but proof-of-service evidence governs.
• Multiple tenants. Serve each tenant named on the lease individually; serving only one co-tenant risks invalidating the notice as to the others.
• Subsidized housing. If the tenancy is HUD-subsidized (Section 8 voucher, public housing, LIHTC, or USDA Rural Development), federal regulations (24 C.F.R. Parts 247, 880, 966, etc.) impose additional notice requirements that supersede or supplement this Notice. Confirm program-specific notice rules.
• Holdover after cure period. If the tenant pays in full within the seven days, the Landlord is generally barred from proceeding with eviction on the rent claim covered by this Notice. Acceptance of any subsequent rent without express written reservation may constitute a waiver of the breach.
• Eviction-record visibility. Nebraska does not yet have a comprehensive eviction-sealing statute analogous to other states' acts; verify current law with the Nebraska Judicial Branch before advising on record consequences.
• Mobile-home tenancies. Use the Mobile Home Landlord and Tenant Act (Neb. Rev. Stat. § 76-1450 et seq.), which has different notice rules; this template does NOT apply.

13. SOURCES AND REFERENCES

• Neb. Rev. Stat. § 76-1431 (Noncompliance; failure to pay rent; effect): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1431
• Neb. Rev. Stat. § 76-1419 (Landlord to maintain fit premises): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1419
• Neb. Rev. Stat. § 76-1416 (Security deposits; prepaid rent): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1416
• Neb. Rev. Stat. § 76-1439 (Retaliatory conduct prohibited): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1439
• Neb. Rev. Stat. §§ 25-21,219 to 25-21,235 (Forcible Entry and Detainer): https://nebraskalegislature.gov/laws/display_html.php?begin_section=25-21,219&end_section=25-21,235
• Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Uniform Residential Landlord and Tenant Act): https://nebraskalegislature.gov/laws/display_html.php?begin_section=76-1401&end_section=76-1449
• Nebraska Real Estate Commission — URLTA reference: https://nrec.nebraska.gov/legal/landlordacttoc.html
• Legal Aid of Nebraska — Landlord Tenant Handbook: https://legalaidofnebraska.org/file_download/2595770f-9acb-4623-b5e2-c3b98d5fb01a
• Nebraska Equal Opportunity Commission — Fair Housing Act: https://neoc.nebraska.gov/sites/default/files/2024-06/NebraskaFairHousingAct.pdf
• Nebraska Judicial Branch — Self-Help / Landlord-Tenant: https://nebraskajudicial.gov/self-help/renterlandlord/landlord