Partial Rent Payments and Eviction Risks in Nebraska

Understanding your rights around partial rent payments and eviction risk is crucial for Nebraska renters. If you've had trouble paying rent in full, knowing how partial payments affect your tenancy and potential eviction proceedings can help you make informed choices. This guide breaks down what Nebraska law says, the official process, relevant forms, and practical steps for renters.

Partial Rent Payments: What Nebraska Law Says

In Nebraska, rent is due as stated in your lease or rental agreement. If you cannot pay the full amount, offering a partial rent payment might feel like a good-faith step, but it can have risks under Nebraska's Uniform Residential Landlord and Tenant Act.^[1]

• Landlords are not required to accept partial payments.
• If a landlord does accept a partial payment, it may affect—but not always stop—an eviction process.
• Landlords should provide written notice before proceeding with an eviction for nonpayment, detailing amounts owed and allowing five days to pay in full to avoid eviction.

If a landlord accepts a partial payment but does not provide a written waiver, they can still start an eviction (called an action for possession) for unpaid rent.^[1]

What Happens If You Make a Partial Rent Payment?

It's important to document every payment you make. Here is how partial payments generally work in Nebraska:

• The landlord may apply your payment toward any outstanding amount.
• If the balance isn’t paid, you can still receive a 5-Day Notice to Quit (official term for eviction notice for nonpayment).
• If you pay the full rent owed—including the remaining balance—within those five days, the eviction process stops.
• If you do not pay the full amount in that period, the landlord can file for eviction at the county court.

Key Form: 5-Day Notice to Quit (Nonpayment of Rent)

This is an official legal document that your landlord must give you before taking additional steps toward eviction for unpaid rent. You do not need to sign this form for it to take effect. The landlord must either hand-deliver it or leave it at your unit plus mail a copy. (See DC 99: Notice to Quit for Nonpayment of Rent)^[2]

• When used: When you owe rent, and the landlord seeks to start eviction for nonpayment.
• How it's used: You have five days to pay the full amount owed to stop the process.

Nebraska Eviction Tribunal: County Court

Eviction cases are handled in the Nebraska County Courts. This is where landlords file eviction lawsuits ("Forcible Entry and Detainer").^[3]

Nebraska's Tenancy Legislation

The main law covering partial payments and eviction is the Nebraska Uniform Residential Landlord and Tenant Act. Review Section 76-1414 on Rent and Section 76-1431 on Nonpayment and Termination for detailed requirements.^[1]

Steps to Take If You Can't Pay Rent in Full

• Contact your landlord as soon as possible and tell them your situation.
• Offer as much of the rent as you can and request a written acknowledgment of any partial payments.
• Seek written agreement if your landlord accepts a partial payment, specifying if it will stop eviction temporarily or not.
• Monitor your mail and door for any 5-Day Notice to Quit.
• If you receive a notice, act within five days to pay the full balance or contact legal aid.

Even if your landlord takes a partial payment, you still risk eviction if the balance isn’t paid within the legal timeframe.

FAQ: Partial Payments and Eviction in Nebraska

1. Does a partial rent payment protect me from eviction in Nebraska?
   Not always. A landlord can still start the eviction process unless you pay the full overdue rent within the time required by the official notice.
2. What official form is used for eviction due to nonpayment?
   The landlord uses the 5-Day Notice to Quit for Nonpayment of Rent (DC 99).
3. Where are eviction cases filed and heard?
   Evictions in Nebraska are handled by the Nebraska County Courts.
4. What should I do if I get a 5-Day Notice to Quit?
   Pay the full amount due within five days to stop the process—or seek legal help if you are unable to pay.
5. Does my landlord have to accept partial payment?
   No. Landlords are not required by Nebraska law to accept partial rent payments.

Key Takeaways for Nebraska Renters

• Partial payments may not stop an eviction unless you pay the full amount owed within the legal notice period.
• Always document every payment and communication with your landlord.
• Know your rights under Nebraska’s tenant laws and seek help early if you’re at risk of eviction.

Need Help? Resources for Renters

• Nebraska Judicial Branch: Landlord/Tenant Self-Help Center – Free guides and official forms
• Nebraska Tenant-Landlord Act (Official Legislation)
• Legal Aid of Nebraska – Free or low-cost legal assistance for qualifying renters
• Nebraska County Courts – Where eviction hearings are held

---

1. [1] Nebraska Uniform Residential Landlord and Tenant Act, Chapter 76
2. [2] Nebraska 5-Day Notice to Quit for Nonpayment of Rent (DC 99)
3. [3] Nebraska County Court: Eviction Information

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations