Legal Question in Real Estate Law in Nebraska

Eviction Notices

What is the time limit after eviction date (June l,2004) that landowner has to claim unremoved property (i.e.junked vehicles, etc.). Evicted because of non-payment of rent and destruction of house.


Asked on 6/25/04, 10:44 am

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Eviction Notices

Landlords must give notice of their intent to dispose of person property of tenants or others after the end of a tenancy.

69-2303.

(1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, the landlord shall give written notice as

provided in subsection (2) of this section to such tenant and to any other person the landlord reasonably believes to be the owner of the property.

(2)(a) The notice required by subsection (1) of this section shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may

describe all or a portion of the property, but the limitation of liability provided by section 69-2309 shall not protect the landlord from any liability arising from the disposition of

property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.

(b) The notice shall state that reasonable costs of storage may be charged before the property is returned, the location where

the property may be claimed, and the date on or before which such property must be claimed.

(c) The date specified in the notice shall be a date not less than seven days after the notice is personally delivered or, if mailed, not less than fourteen days after the notice is deposited in the mail.

(d) The notice shall be given within six months of the date of expiration of the lease of the property or the date of discovery of the abandonment, whichever is later.

(3) The notice shall be personally delivered or sent by first-class mail, postage prepaid, to the person to be notified at his or her last-known address and, if there is reason to believe that the notice sent to that address will not be received by him or her, also delivered or sent to such other address, if any, known to the landlord at which such person may reasonably be expected to receive the notice."

69-2305 gives sample forms.

This is not legal advice, since it is a general discussion of Nebraska statutes and not tailored to the particular circumstances you are in. Consult a Nebraska attorney for specific advice.

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Answered on 6/25/04, 11:23 am


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