Grace period, late fee cap, and pay-or-quit notice rules
In Nebraska, you cannot go straight to court when a tenant misses rent. The Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. 76-1401 to 76-1449) requires a written notice first, and for nonpayment that notice is governed by Neb. Rev. Stat. 76-1431(2). The tenant gets seven calendar days after receiving the notice to pay in full, and paying within that window kills the termination. Get the day count, the content, or the delivery method wrong and a county court judge can dismiss your case, sending you back to serve a corrected notice and start the clock over.
For unpaid rent, Nebraska sets a single, fixed period: the tenant must be given seven calendar days after written notice to pay before you may terminate the rental agreement. The statute counts calendar days, not business days, so weekends and holidays are included. Under 76-1431(2), termination is only available "if the tenant fails to pay rent within seven calendar days after written notice."
Do not confuse this with Nebraska's rule for other lease violations. Non-rent breaches fall under 76-1431(1), which gives the tenant 14 days to remedy and sets termination at not less than 30 days after the tenant receives the notice. Only nonpayment uses the shorter seven-day track.
A bare demand for money is not enough. To be valid under 76-1431(2), the notice should state:
The termination-intent language is the piece landlords most often omit. The statute conditions termination on notice "of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period of time." Keep the demand limited to rent and any charges your lease properly defines as rent; padding it with disputed fees invites a challenge to the whole notice.
Delivery is governed by Neb. Rev. Stat. 76-1413. A tenant is deemed to receive notice when it is:
Because the seven days run from receipt, document how and when you served it. Hand delivery gives you the cleanest start date; mailing is valid but builds in delivery time you should account for before you calculate the deadline.
The seven-day notice is a pay-or-quit, not an eviction. If the tenant pays the full past-due rent within the seven calendar days, the breach is cured and the termination does not take effect. Accepting a full, timely payment ends the matter for that default.
Nebraska also protects against repeat problems, but that provision lives in 76-1431(1) for non-rent breaches: if substantially the same violation recurs within six months, you may terminate on 14 days' notice without a fresh cure period. For straight nonpayment, plan on giving the seven-day cure opportunity each time.
If the tenant neither pays nor moves out, the notice alone does not remove them. You file a complaint for restitution of the premises in county court under Neb. Rev. Stat. 76-1441. The complaint must state the specific statutory authority, the facts with particularity, a description of the premises, and your compliance with the Act's notice provisions, so your served notice becomes an exhibit to the case.
Nebraska moves these cases quickly: trial is set not less than 10 nor more than 14 days after the summons issues, and it is tried by the court without a jury. Only after a judgment for possession, enforced by the court, can the tenant lawfully be removed.
Once rent is late and no grace period applies, the landlord must serve a formal 7-day pay-or-quit notice (Neb. Rev. Stat. § 76-1431) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Nebraska court.
This page summarizes the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. 76-1401 to 76-1449), with primary reliance on 76-1431 (termination for nonpayment and other breaches), 76-1413 (service of notice), and 76-1441 (action for possession). It is general information for Nebraska landlords, not legal advice; statutes and local court practice change, so verify current text on the Nebraska Legislature site or consult a Nebraska attorney before serving a notice or filing.
Seven calendar days. Under Neb. Rev. Stat. 76-1431(2), the tenant must be given seven calendar days after written notice to pay before you can terminate for nonpayment. Weekends and holidays count.
Yes. If the tenant pays the full past-due rent within the seven-day period, the breach is cured and the termination does not take effect. The seven-day notice is a pay-or-quit.
It should state the amount of unpaid rent, that rent is past due, and your intention to terminate the rental agreement if the rent is not paid within seven days. The termination-intent language is required under 76-1431(2).
Under Neb. Rev. Stat. 76-1413, deliver it in hand to the tenant, mail it to the address the tenant holds out or their last-known residence, or send it electronically only if the tenant gave prior affirmative consent. Hand delivery gives the clearest start date.
There is no general federal pay-or-quit period; the seven-day rule is Nebraska's. However, for properties still covered by the federal CARES Act, a 30-day notice to vacate for nonpayment can apply, so confirm your property's status before relying only on the seven-day notice.
You file a complaint for restitution of the premises in county court under Neb. Rev. Stat. 76-1441. Trial is set 10 to 14 days after the summons issues and is decided by the judge. Only a court judgment for possession can result in removal.
Data sourced from Nebraska published statutes (Neb. Rev. Stat. § 76-1431), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 15, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.
