Nov 21

Three-Day Notice To Quit. Is It Correct?

Regularly, we notice that there is no continuity in how landlords and property managers draft or serve a Three-Day Notice to Quit for failure to pay rent on a tenant.  Some post the Notice on the tenant’s door.  Others post the Notice on the door and mail a copy to the tenant.  Then there are some who give the Notice personally to the tenant or mail it to them by Certified Mail.  So, what is the proper way to serve a Three-Day Notice to Quit on a tenant?

Serving the Three-Day Notice to Quit

According to Nebraska law a Three-Day Notice to Quit for failure to pay rent must be served on the tenant as follows:

  1. Hand delivery; OR
  2. Mailed to the tenant at his/her last known place of residence OR the address the tenant has indicated he/she will receive such communication.

In other words, a Three Day Notice to Quit must be hand delivered or mailed to the tenant at his/her apartment/townhouse.  The law does not specify how the Notice is to be mailed, however, and therefore First Class Mail is the preferred method for mailing.

If it is not possible to hand deliver the Three-Day Notice to the tenant, attaching the Notice to the door and mailing the Notice by First Class Mail will satisfy the state law requirements.  This will prevent the tenant from arguing at the Court hearing on the eviction that he/she was not served with the Notice in compliance with the law.

Nebraska law does allow a landlord to notify a tenant of the Three-Day Notice to Quit by posting it on the premises rented by the tenant, but that method of service only applies to commercial property.

Drafting the Three-Day Notice to Quit

Nebraska law only requires the landlord to state in the Three-Day Notice to Quit that rent is unpaid, the landlord’s intent to terminate the rental agreement, and that the tenant has three days after receiving such notice to pay rent.  However, the Courts in Nebraska typically require a Three-Day Notice to Quit for failure to pay rent to provide the following:

  1.  Name and address of tenant;
  2. Name and address of landlord/property manager;
  3. Statement of failure to pay rent;
  4. Amount of rent unpaid;
  5.  Statement of landlord’s/property manager’s intent to terminate rental agreement;
  6. Statement that tenant has three days to pay rent after receiving Notice;
  7. Statement of landlord’s/property manager’s intent to commence lawsuit to recover possession of premises.
  8. Signature by landlord/property manager;
  9. Certificate of Service stating how landlord/property manager served the Notice on the tenant, the date of service and the address where Tenant was served with such Notice.

Practice Tip:

A copy of the Notice should be served on each tenant/occupant of the premises

We welcome your calls

As always, we welcome your calls about questions you have.  Please do not hesitate to contact us at (402) 330-3060.

Compiled by:
Gene M. Eckel
Thompson Law Office, PC, LLO
gene@thompson.law.pro
Direct: (402) 682-7647

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Gene Eckel

Associate Attorney at Thompson Law Office
Gene Eckel is a member of the Apartment Association of Greater Omaha & Lincoln, National Apartment Association, and the American Apartment Owner’s Association.

Thompson Law Office is a Nebraska law firm with offices in Omaha and Chadron that provides its individual, non-profit, business and governmental clients with practical advice and passionate advocacy in a variety of legal matters. Learn more about our general law practice here.

Follow me

Gene Eckel

Gene Eckel is a member of the Apartment Association of Greater Omaha & Lincoln, National Apartment Association, and the American Apartment Owner’s Association. Thompson Law Office is a Nebraska law firm with offices in Omaha and Chadron that provides its individual, non-profit, business and governmental clients with practical advice and passionate advocacy in a variety of legal matters. Learn more about our general law practice here.