Eviction Process Information

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Eviction Process Information

The Landlord/Tenant Eviction Process.

The following guidelines or information, are a general summary of the eviction process as experienced by the Hitchcock County Sheriff's Office. This information is provided with regard to the process, be mindful of the fact that this is not, nor can this office provide legal advice, and that any questions about, or beyond the information provided may be best answered by an attorney of your choice.

INFORMATION

The process begins with what is commonly referred to as a "Three Day Notice". This is notice by the landlord to the tenant stating that notice is given that the tenant hasn't 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 this civil matter. A "Three Day Notice" may be served by the landlord or by certified mail. The landlord may request that service be made by the County Sheriff, and the landlord shall pay the required costs associated with service.

With the notice having been served to the tenant, the next step in the process is a Summons for Restitution of Premises. This is the "legal proceeding" that should have been referred to in the Three-Day Notice. This summons process should be prepared by an attorney. As part of, and included in the Summons is a hearing date for the matter to be heard in a court of law.

Pursuant to the Summons, the case is heard by the Court, and a judgement rendered. This may result in the issuance of a Writ of Restitution. This writ directs the Sheriff to restore or return the property and premises to the plaintiff or landlord. This is the actual physical removal of the defendant or tenant, and by Nebraska State Statute, shall be done within 10 days after receiving the Writ of Restitution. This office generally attempts to contact the defendant or tenant in an attempt to allow for voluntary compliance under the Writ of Restitution. If the defendant or tenant refuses to voluntarily comply, the Sheriff will take immediate action to restore the property and premises to the plaintiff or landlord.

In the event that anticipated or actual expenses are incurred by the Sheriff's Office, advance fees will be required from the plaintiff or landlord. Generally speaking, the process takes from 4 to 6 weeks from the time the "Three Day Notice" is served and the Writ of Restitution is executed and returned to the issuing Court.

For any other information, you will have to contact an attorney of your choice.