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FILING
AN EVICTION - Nebraska
Notice To Quit
The first step in this process initiated by the
landlord can be a three or thirty day notice. The
landlord may desire to have the Sheriff's Office
serve this writ. Fees for this are the same as
standard service fees for other types of writs.
However, there are no statutes that dictate a
particular type of service or return day. Sheriff's
Office policy is to attempt service as soon as
practical, and service could be either personal,
residential or may be accomplished by posting a
notice at the residence. The Sheriff's Office does
not provide forms for these notices, nor give advice
as to their content.
Summons
If the tenant fails to move, the landlord may then
commence suit in one of the courts. The Summons, or
notice of suit, may be sent to the Sheriff's Civil
Division for service. It contains a time and date
for trial and must be returned to the court within 5
days of its issuance. Service may be personal or
residential. If the landlord prevails at trial, a
Writ of Restitution may be issued.
Writ of Restitution
A Writ of Restitution directs the Sheriff to remove
the defendant and restore the premises to the
plaintiff. It is the policy of the Sheriff's Office
to execute such writs by attempting to obtain
voluntary compliance from the defendant in a fashion
which minimizes any unnecessary hardship. In the
absence of compliance, the Office will execute the
writ by removing the occupants personally and/or by
changing the locks on the premises. The Office will
remove personal property only when specifically
directed to do so by court order.
The Writ of Restitution must be executed within
ten days of issuance. Because of this relatively
narrow window, it will be executed without delay. Service
will not be made, however, until the plaintiff has
deposited sufficient funds with the Sheriff's Office
to cover the reasonably anticipated costs and fees.
To expedite the process, the plaintiff should
provide a contact name and phone number.
Lockout Procedure
Unless some other type of action is specified in the
writ, a Writ of Restitution will be executed as
follows:
- Deputies will contact the plaintiff or the
plaintiff's attorney to set up a time/date for
restoring the premises to the plaintiff.
Deputies will determine whether the plaintiff
desires to change the locks himself/herself or
if the Sheriff's Office Civil Division will
contact its locksmith to do the work. It is
required that the plaintiff or its
representative be present at the time of the
lockout to take possession of the premises.
Should the plaintiff choose to change the locks,
the Sheriff's Office is not obligated to stand
by while the residence is being secured.
- Deputies will go to the residence listed on
the writ and serve the defendant's copy. This
may be by personal, residential, or posting
service. If no one is home or doesn't answer,
the paper may be posted prominently on the
residence, most often on the front door. In
addition to the Writ, a separate form provided
by the Sheriff's Office, or a hand written
notice on the back of the Writ, will designate a
lockout date/time and a brief explanation of
consequences if compliance is not met.
- By Sheriff's Office policy, three day's
notice, barring exigent circumstances, is given
to allow the defendant time to vacate the
premises with his/her property. Three days is
generally recommended to prevent the plaintiff
from having to dispose of property under the
Disposition of Personal Property Landlord and
Tenant Act. Generally, the Sheriff's Office will
not execute Writs of Restitution on weekends or
holidays.
- On the date/time of the lockout, the deputy
will arrive at the location and remove any
occupants from the premises. Occupants will be
advised of trespassing violations they could be
subject to if they return. Persons still having
property in the residence will have to contact
the plaintiff to arrange for removal of the
property. Deputies will not take part in the
disposal of property. Provisions for such are
set out in the Disposition of Personal Property
Landlord and Tenant Act.
- Whenever deputies have removed occupants from
a premise, they shall supply the occupant with a
short period of time to obtain vital personal
effects, or obtain such effects for the
occupant. Deputies will take action to protect
the person removed, if necessary, due to age,
infirmity, mental or emotional condition,
illness or disability as provided by law.
- If the premises involved is a rental property
such as a house or an apartment, and the
premises have been turned over to the plaintiff,
the deputy has no further obligation. If the
Sheriff's Office has arranged for a locksmith to
change locks, a bill will be obtained from the
locksmith before the deputy leaves. The
plaintiff will have placed a deposit at the
Sheriff's Office or have enough money in an
attorney account to cover the lock change. The
deposit is generally $150.00.
- If the Writ is for a mobile home not owned by
the mobile home park, a sale of the property
will be set up. Keys for the mobile home will
remain with the mobile home park in the event
that emergency entry needs to be made during the
time prior to the sale. In the sale of mobile
homes, the bill of sale only reflects the
transfer of the defendant's interest in the
property, and is not an implied or actual title
to the property.
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