Nebraska Renters’ Rights During Foreclosure

If you’re renting a home or apartment in Nebraska, it’s important to understand your rights if your landlord’s property goes into foreclosure. While foreclosure can feel overwhelming, there are strong legal protections in place for tenants like you. Knowing what to expect can help you plan ahead and protect your home.

What Happens If Your Rental Is Foreclosed?

In Nebraska, foreclosure means the lender (often a bank) is taking legal action to regain ownership of a property because the owner has fallen behind on their mortgage. As a renter, you have rights under both state law and federal rules, even when your landlord loses the property.

Your Right to Receive Notice

Before you’re required to move, you must receive written notice. Under the federal Protecting Tenants at Foreclosure Act (PTFA), in most cases, a new owner (such as a bank) must give you at least 90 days’ notice to vacate after a foreclosure sale.

• If you have a signed lease, the new owner is usually required to honor it until the lease ends—unless they intend to move in themselves.
• If you have a month-to-month lease or no written lease, you must be given at least 90 days’ written notice before eviction.
• All notices must be delivered in writing and clearly state the date by which you must move out.

Will You Have to Move Out Right Away?

No. Even if the property is sold at foreclosure, you cannot be forced to move immediately. The new owner must still follow Nebraska eviction procedures and provide adequate notice.

Eviction Process After Foreclosure

Eviction in Nebraska after foreclosure is handled through the courts. The new owner must file a complaint and you will receive official papers (called a summons and complaint) instructing you of the court date. This process is managed by the Nebraska Judicial Branch, specifically the county courts.

You have the right to attend your eviction hearing, present your side, and, if needed, seek legal aid. Only a court order can make you leave, not just a written notice from the landlord or lender.

What About Your Security Deposit?

The new owner must follow Nebraska’s laws regarding the return of security deposits. You should provide a forwarding address in writing. Usually, the previous landlord or property owner is responsible for returning your deposit, unless otherwise specified in the court order or sale agreement.

Key Forms Nebraska Renters Should Know

• Eviction Summons and Complaint (No specific form number):
  Petition for Eviction (Nebraska Judicial Branch) – This is filed by the new owner if they move to evict. You’ll be served officially by a process server or sheriff. Example: If your building is sold in a foreclosure, the new owner files this form to begin an eviction case; you will be notified and given a court date.
• Answer and Counterclaim (Answer to Petition (Nebraska Judicial Branch)): If you disagree with the eviction, you may file this form with the court before your hearing. For instance, if you believe you have not received proper notice or the eviction is unlawful.

Relevant Nebraska Laws and Agencies

• Nebraska Uniform Residential Landlord and Tenant Act – Governs all landlord-tenant relationships in the state.
• Nebraska Judicial Branch – Handles eviction cases and housing law matters.
• HUD: Nebraska Tenant Rights – Helpful federal housing resource.

Action Steps for Renters Facing Foreclosure

• Keep paying rent to the rightful owner unless notified otherwise by a court.
• Watch for official notices about foreclosure or eviction. Save copies of all documents.
• Seek legal help if you get an eviction summons or are asked to leave without a court order.
• If relocating, request your security deposit back in writing from the former landlord.
• File an Answer form if you wish to dispute the eviction at court.

Frequently Asked Questions

1. Does the bank or new owner have to honor my lease in Nebraska?
   In most cases, yes. If you signed a fixed-term lease before the foreclosure, the new owner must honor it until it expires unless they intend to move in themselves.
2. How much notice must I receive before eviction after a foreclosure?
   You must receive at least 90 days’ written notice under the federal Protecting Tenants at Foreclosure Act, unless you’re being evicted for other reasons (like lease violations).
3. Should I keep paying rent after my rental is foreclosed?
   Yes. Continue paying rent to the appropriate party (the new owner or as directed by the court) to avoid giving legal grounds for eviction.
4. Who returns my security deposit after a foreclosure?
   Usually, the previous owner should return your deposit, unless the court or sale agreement specifies otherwise. Always provide a forwarding address in writing.
5. What court handles residential evictions in Nebraska?
   Nebraska county courts, part of the Nebraska Judicial Branch, oversee eviction cases.

Key Takeaways for Nebraska Renters During Foreclosure

• You have the right to stay in your home until proper notice and court eviction process are followed.
• Federal and state laws protect renters from immediate removal after foreclosure.
• Know the relevant forms and seek help early to defend your rights.

Need Help? Resources for Renters

• Nebraska Judicial Branch Self-Help: Landlord-Tenant
• Legal Aid of Nebraska – Free legal services for low-income residents facing eviction or foreclosure issues
• Nebraska Department of Health and Human Services: Housing Assistance

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1. Nebraska Uniform Residential Landlord and Tenant Act
2. Nebraska Judicial Branch: Petition for Eviction
3. U.S. Department of Housing and Urban Development: PTFA Protections
4. Nebraska Judicial Branch

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