TIME TO EVICT Presented by Mike Meister, Managing Attorney Scottsbluff Office, Legal Aid of Nebraska Welcome and introduction

Time to Evict Bad Tenant versus Evict-able Tenant Rent Habitually Late vs. Rent not paid Messy versus destroying your property Mouthy versus Threatening Loud versus Wild parties where the cops are called Terms of your lease

Difference between Mobile Home and Apartment Time to Evict Difference between Mobile Home and Apartment Who owns the mobile home? Landlord – The Uniform Residential Landlord Tenant Act applies. 76-1401 et seq. Tenant – The Uniform Mobile Home Landlord Tenant applies. 76-1450 et seq. Our focus today is on The Uniform Residential Landlord Tenant Act

Time to Evict BAD LANDLORD – Will pay Legal Aid for attorney fees 1. Change the locks 2. Turn off utilities 3. Enter the Premises without 24 hours notice 4. Confiscate Tenant’s property 5. Retaliate GOOD LANDLORD – Will NOT pay Legal Aid for attorney fees 1. Issue proper Notice 2. Institute legal proceedings Change the locks - 3 months Rent or Damages Turn Off utilities - 3 months damages Enter premises – 1 month Confiscate Property – Damages Retaliate - Damages

Time to Evict 3 day Notice to Quit 1. Amount Owed 2. Tenant has 3 days to pay 3. Unless payment is made Lease terminates THIS IS A PREREQUISITE TO STARTING EVICTION PROCEEDINGS! John you owe me $450. You have 3 days to pay the $450 you owe or your lease ends and I will start eviction proceedings against you. If you want to talk please call.

Time to Evict 14 Day Notice to Quit Rent is current but other violations of lease Notice must contain: 1. A specific statement of the violation 2. The violation affects health or safety of other tenants 3. Repairs need to be made to the unit You have violated paragraph 5 of the lease by having a vicious dog on the premises which is a danger to the other tenants. You had illegal drugs on the premises. You were smoking in the unit in violation of the lease and I need to repair the damage to the unit.

Time to Evict 30 day Notice to quit month to month tenancy lease expired – law converts lease to month to month You have 30 days to vacate the premises. No specifics necessary or required Easiest way to get rid of someone is to operate on a month to month lease. No reasons are necessary but the trade off is 30 day notice to quit.

Time to Evict I evicted my tenant and sheriff posted the property before the tenant got their stuff out what can I do now? 69-2301 et seq. Written Notice 1. Description of the property remaining 2. Reasonable costs of storage fees may be charged 3. If you don’t pick it up and pay storage fees I’m selling it 4. If less than $1,000.00 Landlord may dispose of it This is a whole other class. The main take away is you cannot simply throw out peoples stuff. Also the statute itself has form letters for you to use. If you use those letters you cannot get a foul of the law.