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[NE] How can I remove a family friend renting a room in my home without a lease?

This is my first time evicting someone. So I wanted to ask after I create the eviction notice document. I can just hand the eviction notice directly to the tenant, correct?? Also, just so you know, this tenant is a family friend that I allowed to live with me to help her out, and now she is refusing to leave my place and says she has tenant rights even though there was never a lease agreement put in place because, again, I let her stay with me at my place to help her out.

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Queeneth E. Esq
Queeneth E. Esq

4,470 satisfied customers

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You must follow Nebraska’s formal eviction Forcible Entry and Detainer process to remove her legally.

The first step is to serve a written termination notice. Because you have no written lease, this is a month-to-month tenancy under Nebraska Revised Statutes § 76-1437(1).

  • 30-Day Notice to Quit — if you simply want her to move out (no unpaid rent claim).
  • 7-Day Notice to Quit for Non-Payment of Rent — if she owes rent.

Since she hasn’t paid rent since June and you want her gone, you can pick either a 7-day notice for non-payment or a 30-day notice to terminate the tenancy without cause. If you want to be safest and avoid arguments, use a 30-day notice.

You can’t just hand it casually — Nebraska law requires service that you can prove:

  • Personal delivery to the tenant is valid. Keep a written record of service.
  • If she refuses to take it, tape it to the door and mail a copy by certified mail. Keep the receipt.

If she does not leave after the notice expires, you must file a Forcible Entry and Detainer action in County Court.

Do not do a “self-help” eviction. Do not change locks, shut off utilities, or remove belongings — these actions are illegal in Nebraska.

If you want guidance or forms checked, you can contact:

  • Lincoln Volunteer Lawyers Project – (402) 475-4011
  • Legal Aid of Nebraska – (402) 435-2161

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Nebraska 30-Day Notice To Quit

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This is my first time evicting someone. So I wanted to ask after I create the eviction notice document. I can just hand the eviction notice directly to the tenant, correct?? Also, just so you know, this tenant is a family friend that I allowed to live with me to help her out, and now she is refusing to leave my place and says she has tenant rights even though there was never a lease agreement put in place because, again, I let her stay with me at my place to help her out.

Lexi

Lexi, Chatbot

I understand how challenging it must be to navigate this situation with someone you considered a friend. Have you already drafted the eviction notice, or are you looking for guidance on that process?

Looking for guidance on that process.

Lexi

Lexi, Chatbot

How long has your tenant been residing with you, and has she provided any formal notice about her intentions to stay longer?

She has been here for about 5 months. But she wants to stay longer, and I no longer want her here.

Lexi

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction process.

Well, she does get mail here, and she paid $2,000 up front back in March to stay here a couple of months. Rent was $400. But she has been here since June 5.

Queeneth E. Esq

Queeneth E. Esq

Hello, my name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)

Can you please tell me which state or city your property is located in? Has your tenant paid any rent since the initial $2,000 payment, or has she contributed to utilities or other household expenses?

Yes, we reside in Lincoln, Nebraska. But no, the tenant has not paid rent or anything else since the $2,000 payment.

Queeneth E. Esq

Queeneth E. Esq

Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.

Okay.

Queeneth E. Esq

Queeneth E. Esq

You must follow Nebraska’s formal eviction Forcible Entry and Detainer process to remove her legally.

The first step is to serve a written termination notice. Because you have no written lease, this is a month-to-month tenancy under Nebraska Revised Statutes § 76-1437(1).

  • 30-Day Notice to Quit — if you simply want her to move out (no unpaid rent claim).
  • 7-Day Notice to Quit for Non-Payment of Rent — if she owes rent.

Since she hasn’t paid rent since June and you want her gone, you can pick either a 7-day notice for non-payment or a 30-day notice to terminate the tenancy without cause. If you want to be safest and avoid arguments, use a 30-day notice.

You can’t just hand it casually — Nebraska law requires service that you can prove:

  • Personal delivery to the tenant is valid. Keep a written record of service.
  • If she refuses to take it, tape it to the door and mail a copy by certified mail. Keep the receipt.

If she does not leave after the notice expires, you must file a Forcible Entry and Detainer action in County Court.

Do not do a “self-help” eviction. Do not change locks, shut off utilities, or remove belongings — these actions are illegal in Nebraska.

If you want guidance or forms checked, you can contact:

  • Lincoln Volunteer Lawyers Project – (402) 475-4011
  • Legal Aid of Nebraska – (402) 435-2161
Queeneth E. Esq

Queeneth E. Esq

Is there anything else you would like me to explain or any additional information you need?

So I can’t just go straight to the eviction notice? Instead I have to do the notice to quit first since there is no lease agreement? Because again, me and her live in the same house.

Queeneth E. Esq

Queeneth E. Esq

Because you and the tenant live in the same home and there’s no lease, Nebraska law treats this slightly differently than a standard landlord-tenant eviction.

If you share the same dwelling unit (same kitchen, same living areas), Nebraska law may classify her as a licensee or lodger, not a full tenant.

If she is a licensee:

  • You can give written notice to vacate.

  • If she refuses to leave after the notice expires, law enforcement may remove her for trespassing.

If she is a tenant with a separate unit, then a formal eviction is required.

Based on what you’ve said, this sounds more like a lodger/licensee situation.

Yes, she is renting a room in my own home that I live in as well. The common areas are shared like the kitchen, bathroom, living room, laundry room, etc. So I can just handwrite a letter saying I need you out of here in the next 2 weeks, and if she doesn’t comply, I can call the police to have her removed? But do I need to give her 30 days to move out?

Queeneth E. Esq

Queeneth E. Esq

Yes, based on what you’ve described, she is a lodger/licensee, not a tenant under Nebraska law. You do not need to file a formal eviction lawsuit, but you must still give reasonable written notice before law enforcement can treat her refusal to leave as trespassing.

Queeneth E. Esq

Queeneth E. Esq

4,470 satisfied customers

Queeneth E. Esq
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