If you’ve won an eviction lawsuit in Nebraska, you may feel like tossing the tenant’s belongings out into the street. But Nebraska law sets out specific procedures for dealing with a tenant’s property after an eviction. For more information on dealing with a tenant’s abandoned property, see Handling a Tenant’s Abandoned Property in Nebraska.
Yes. Once you have legal possession of the rental unit, then you can either leave the tenant’s possessions in the rental unit or move them to a safe and secure location. You cannot dispose of the possessions yet, though. However, you can charge the tenant for the reasonable costs of storing the property (see Neb. Rev. Stat. § 69-2306).
The tenant will have either seven or 14 days to reclaim the stored property, depending on how you give notice to the tenant. If the tenant contacts you during this time and pays the storage fees, then you must give the tenant reasonable access to the property to remove it from your possession (see Neb. Rev. Stat. § 69-2303).
Yes. After you have taken possession of the rental unit, you need to send the tenant a notice informing the tenant that the tenant must pick up the property within a certain amount of time or you will sell or dispose of it. If you hand deliver the notice to the tenant, then the tenant will have seven days to recover the property from your possession. If you mail the notice to the tenant, then the tenant will have 14 days to recover the property.
The notice must include the following information:
If you decide to sell the tenant’s property, then you can first use the proceeds of the sale to pay for storing the tenant’s property and the costs associated with selling the property. Any remaining money must be given back to the tenant. If you can’t find the tenant, then you need to give the remaining money to the state treasurer within 30 days of the sale (see Neb. Rev. Stat. § 69-2308).
A qualified lawyer can help you find and understand any rules that apply to your situation. It’s particularly wise to consult a lawyer if you think the abandoned property may be very valuable or if you have any reason to believe the tenant may cause problems later. A good lawyer can help protect you from claims that you have stolen or destroyed a tenant’s property.