Nebraska's restitution procedure moves efficiently with proper notice. Filing fees are among the lower in the country.
Nebraska's eviction process is called Restitution of Premises and is governed by the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. 76-1401 et seq.). Cases are filed in county court at the county level. Nebraska is generally landlord-friendly with reasonably efficient procedures. Uncontested cases typically conclude within four to six weeks of filing.
Restitution cases are filed in the county court of the county where the property is located. Nebraska's 93 counties each have county courts that handle landlord-tenant matters. Douglas County (Omaha) and Lancaster County (Lincoln) handle the highest case volumes.
For non-payment of rent, Nebraska requires a 7-day written notice to pay or vacate (Neb. Rev. Stat. 76-1431). The notice must state the amount owed and inform the tenant that the lease will terminate if payment is not made within seven days. If the tenant pays in full within seven days, the lease continues.
For material lease violations, Nebraska requires a 14-day notice to cure or quit, with the tenancy terminating after 30 days if the violation is not cured. For repeat violations of the same type within six months, the cure opportunity may not apply.
For month-to-month tenancies without cause, Nebraska requires 30 days written notice. Deliver notices by personal service, posting and mailing, or certified mail. Document delivery thoroughly.
After the notice period expires, file a complaint for restitution of premises in the county court. Filing fees in Nebraska are typically $40 to $90 depending on the case value. Service is performed by the sheriff or process server.
The tenant must answer or appear by the date set on the summons. Nebraska county courts schedule restitution hearings within 10 to 21 days of filing.
Nebraska county court hearings in restitution cases are formal but accessible. Bring your lease, the notice you served, proof of service, your rent ledger, and any documentation. The judge will hear both sides and typically issue a ruling at the hearing.
If you prevail, the writ of restitution is issued. Tenants can appeal to district court but appeals require posting bond.
Douglas County, anchored by Omaha, is Nebraska's most populous county. Douglas County eviction filings go to the Douglas County Court at the Omaha-Douglas Civic Center. Omaha is Nebraska's largest city and primary rental market with consistent eviction case volumes driven by both downtown apartments and surrounding suburban units.
Lancaster County, anchored by Lincoln, is Nebraska's second-largest county and home to the state capital and University of Nebraska's main campus. The student rental market plus general residential rentals drive substantial eviction case activity. Lancaster County filings go to the Lancaster County Court in Lincoln. For detailed landlord-tenant law specific to each county — including local court contacts, filing logistics, and procedural details — see Douglas County landlord-tenant law and Lancaster County landlord-tenant law.
Nebraska's restitution procedure is straightforward when the notice is correct. Filing fees are among the lower in the country and county court schedules tend to move efficiently. See the full Nebraska landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 93 Nebraska counties.
Once the writ of restitution is issued, the sheriff executes the writ. Execution typically occurs within 7 to 14 days. Be present with a locksmith and document the unit's condition with photographs.
Nebraska law provides procedures for handling tenant property left behind. Provide notice and reasonable opportunity for retrieval before disposal. Keep an inventory and photographic record.