Nebraska Laws on Illegal Self-Help Evictions

If you're renting a home in Nebraska, it's important to know your rights when facing any eviction situation. Self-help eviction, where a landlord takes action to remove a renter without a court order, is illegal in Nebraska. This guide explains what self-help eviction means, your rights as a tenant, and what steps you can take if your landlord tries something unlawful.

What is a Self-Help Eviction?

A self-help eviction happens when a landlord tries to force a tenant out without going through the legal eviction process. Typical examples include changing the locks, shutting off utilities, or removing your belongings. In Nebraska, the law strictly prohibits these actions.

Which Self-Help Eviction Actions Are Illegal in Nebraska?

Nebraska’s Uniform Residential Landlord and Tenant Act makes it illegal for landlords to:

• Change or remove locks without a court order
• Shut off water, electricity, gas, or other essential utilities to force you out
• Remove windows, doors, or your personal property from the dwelling
• Threaten or use force to remove a renter

If your landlord takes any of these actions, you have the right to stay in your home and may even be entitled to recover damages.

The Legal Eviction Process in Nebraska

A landlord must use the official court process for evictions. Typically, this involves:

• Giving you formal written notice (such as a 7-Day Notice to Quit)
• Filing the correct paperwork in county court if you don’t leave
• Attending a court hearing where you can present your side
• If the court rules for eviction, only a law enforcement officer can remove you

The Nebraska County Courts handle landlord-tenant eviction cases.

Official Forms and When to Use Them

• 7-Day Notice to Quit Form (No official statewide form): Used if a landlord claims you violated the lease or didn’t pay rent. You should receive this in writing before any court action is taken. If you get this notice but want to contest the eviction, keep a copy and seek legal help.
• Complaint for Restitution of Premises: This is the legal form a landlord files in court to request your removal if you do not leave after written notice. Tenants do not file this form, but you have the right to respond in court. Forms can be accessed via the Nebraska Judicial Branch Evictions Self-Help page.
• Tenant’s Complaint Form (No dedicated state form): If you believe your landlord has conducted an illegal self-help eviction (like locking you out), you can file a complaint with the Nebraska Attorney General's Consumer Protection Division. Details on the submission process are available on their website.

What Should Renters Do if Their Landlord Attempts Self-Help Eviction?

If you experience any form of illegal eviction, such as being locked out or losing access to utilities, here’s what you can do:

• Document everything – take photos, keep texts/emails, and write down what happened
• Contact law enforcement if you’re locked out without a court order
• File a complaint with the Nebraska Attorney General (file a consumer complaint)
• Consider seeking legal advice or call a local tenants’ rights group

Your Rights and Remedies

If a landlord tries an illegal eviction, Nebraska law allows you to:

• Regain possession of your rental unit
• Sue the landlord for actual damages plus up to three months’ rent, or three times your damages, whichever is greater (see Nebraska Revised Statute 76-1430)

Which Tribunal Handles Eviction Cases?

All eviction (unlawful detainer) cases in Nebraska are handled by your local County Court. You can learn more about their eviction process from the Nebraska Judicial Branch official site.

1. Can my landlord lock me out or turn off utilities if I haven’t paid rent?
   No. In Nebraska, landlords cannot lock you out, remove doors, or shut off utilities to force you to move. They must use the legal court eviction process.
2. What should I do if my landlord locks me out without a court order?
   Call the police, keep all evidence, and file a complaint through the Nebraska Attorney General. You may also sue for damages.
3. Is any notice required before eviction proceedings?
   Yes. Your landlord must provide a written notice, typically a 7-Day Notice to Quit, before filing an eviction lawsuit in court.
4. How can I file a complaint if my landlord is trying an unlawful eviction?
   Complaints can be filed through the Attorney General’s online portal. Make sure to gather all your evidence, such as photos or messages.

Need Help? Resources for Renters

• Nebraska Attorney General — Housing Protection: Information and consumer complaint forms
• Nebraska Judicial Branch — Evictions Self-Help Center: Forms and guides on the legal eviction process
• Nebraska State Bar Association — Find Legal Help: Locate free and low-cost legal assistance
• Nebraska Department of Health & Human Services — Housing: Emergency housing assistance

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1. Nebraska Revised Statutes, Section 76-1430
2. Nebraska Judicial Branch, Evictions Self-Help Center
3. Nebraska Attorney General — Housing Consumer Protection

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