Basic Rights in the Event of an Eviction

Basic Rights in the Event of an Eviction

Basic Rights in the Event of an Eviction Provided by Legal Aid of Nebraska.


You Have A Right To:

•  Live in decent, safe and sanitary housing with running water, including hot water, and heat
•  Have repairs made in a timely manner, upon request
•  Be given reasonable notice, in writing, of any non-emergency inspection or other entry into your house or apartment

In Nebraska, a landlord can evict a tenant for a variety of reasons. The most common reasons for eviction are not paying rent and violating the lease agreement.

Your Basic Rights When Your Landlord Tries To Evict You:

•  If a landlord wants to evict you for nonpayment of rent, you must first receive a written three-day notice from the landlord giving you three days to pay rent. The landlord cannot file an eviction lawsuit against you unless you fail to pay the rent within 3 days.

•  If a landlord wants to evict you for violating the lease, generally you must first receive a 14 day notice from the landlord to fix the lease violation. The landlord cannot file an eviction lawsuit against you unless you fail to fix the lease violation within 14 days. If you fail to fix the lease violation within 14 days, the landlord can file the eviction lawsuit with the court 30 days after the date on the notice.

•  A landlord cannot use “self-help” to evict you. In Nebraska, a landlord may only evict you through court action and must get a court order allowing the eviction against you. The landlord cannot shut off your utilities or change the locks to the rental property if you have not been evicted by a court.

•  A landlord cannot evict you based upon your race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability.

*This is general information only and not intended as legal advice. If you have a legal issue involving your housing or eviction, you should speak with an attorney. To apply for services with Legal Aid of Nebraska, please visit www.legalaidofnebraska.org.