§ 25-21,221.Forcible entry and detainer; notice to leave premises; when and how served.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceBefore filing a forcible entry and detainer action, the party seeking possession must give the other side written notice to leave the premises at least three days ahead of time, delivered personally or left at the person’s usual home, or posted on the property if neither can be found in the county.
Full Text of § 25-21,221
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It shall be the duty of the party, desiring to commence an action under sections 25-21,219 to 25-21,235, to notify the adverse party to leave the premises for the possession of which the action is about to be brought. This notice shall be served at least three days before commencing the action by leaving a written copy with such adverse party, or at his usual place of abode, if he cannot be found. Where the
defendant or his usual place of abode cannot be found in the county where the premises are located, such notice may be served by leaving such notice at or posting it on the detained premises.
Source
Laws 1929, c. 82, § 120, p. 310; C.S.1929, § 22-1204; Laws 1943, c. 48, § 2, p. 199; R.S.1943, § 26-1,121; Laws 1972, LB 1032, § 71; R.S.1943, (1985), § 24-571.
Plain-English Summary
Section 25-21,221 sets the first real step toward an eviction: notice. Before the landlord, or anyone else entitled to bring the action, can start the case, that person has to tell the occupant to leave. The notice has to be in writing, and it has to reach the occupant at least three days before the action is filed.
The statute gives two ordinary ways to serve that notice: hand a written copy directly to the occupant, or, if the occupant cannot be found, leave it at the occupant’s usual place of abode. When neither the occupant nor that usual home can be located within the county where the property sits, the statute allows a third option — leaving the notice at the property or posting it there.
This three-day window is not a formality to skip. It sets the clock running before the landlord can move to the next stage: filing the complaint required by section 25-21,222 and having a summons issued under section 25-21,223.
Frequently Asked Questions
How much notice must a landlord give before filing an eviction case in Nebraska?
At least three days. Section 25-21,221 requires written notice to leave the premises served at least three days before the action is commenced.
How is the notice to leave delivered?
By leaving a written copy directly with the occupant, or, if that person cannot be found, at his or her usual place of abode.
What if the occupant and their home cannot be found in the county?
The notice can then be served by leaving it at, or posting it on, the premises being detained.
Does the three-day notice have to be in writing?
Yes. Section 25-21,221 requires a written copy of the notice, not an oral warning.
Can the landlord file the eviction complaint on the same day as the notice?
No. The notice must be served at least three full days before the action is commenced.
What happens after the notice period runs out?
The party seeking possession can move forward to filing the written complaint described in section 25-21,222, which is required before a summons will issue.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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