The following guidelines or information is a general summary of the eviction
process as experienced by our office. This is being provided due to the number
of calls that we receive with regard to the process. Be mindful of the fact that
this is not, nor can we provide, legal advise, and that any questions about, or
beyond the information provided may best be addressed by an attorney.
The process begins with what is commonly referred to as a "Three Day Notice".
This is a notice by the landlord to the tenant stating generally that notice is
given that the tenant has not complied with a term, or terms, of a rental
agreement. This may be in terms of rent, care and maintenance, etc. In addition,
it may state that if the compliance or terms are not met within three days, that
the landlord may, or will initiate legal proceedings to resolve the matter. A
"Three Day Notice" is not a formal court paper, per se, and may be served by the
landlord, personally, residentially, or certified mail. The landlord may request
that service be made by the sheriff, and may be done in the manner requested,
i.e.: personal or residential
The notice having been served, the next step in the process is a Summons for
Restitution of Premises. This is the "legal proceeding" referred to in the Three
Day Notice. This summons process should be prepared by an attorney. As a part
of, and included in the summons is a hearing date for the matter to be heard in
court. The hearing date is to be set within ten to fourteen days after the
filing of the summons.
Pursuant to the summons, the case is heard by the court, and a judgment
rendered. This may result in the issuance of a Writ of Restitution. This is a
writ which directs the sheriff to restore or return the property or premises to
the plaintiff or landlord. This is the actual physical removal of the defendant
or tenant and by statute is to be done within ten days after receiving it. We
generally attempt to contact the defendants in attempt to allow for voluntary
compliance. If, for instance we received the writ on a Thursday or Friday, we
may contact the defendant prior to the weekend to allow for this. This is done
primarily as a matter of economics. In the event that anticipated or actual
expenses are incurred by our office, advance fees may be required.
Generally, the process takes from four to six weeks from the time the "Notice"
is served and the Writ of Restitution is executed and returned.
For more information, contact:
200 South Lincoln
St., Room 203
West Point, NE 68791