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Illegal Eviction

A landlord MUST go through the county court to remove a tenant from the rental unit. In Nebraska, it is ALWAYS illegal for the landlord exclude the tenant from the rental property until the eviction process is complete and the county sheriff has removed the tenant from the property. It is illegal for the landlord to physically remove a tenant from the unit, to lock the tenant out of the unit, or to cancel utility service to drive a tenant out of the unit. If the landlord does any of these things, the tenant may terminate the lease or sue the landlord for possession of the property, and in either case the tenant can recover damages equal to three months’ rent and attorney’s fees.

If you believe your landlord has removed your property or cancelled your utilities as a form of eviciton, contact an attorney or legal aid.  If your landlord has locked you out rather than going through the eviction process, contact an attorney or your local sheriff.

Nebraska Statute 76-1430

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