Evicting a family member can be a difficult and emotional process, but it may be necessary to protect your rights and property. If you’re facing this situation in Lincoln, Nebraska, this article will guide you through the legal process and provide tips for handling the situation with sensitivity.
To evict a family member in Lincoln, you must first establish that they are not a tenant. If they have been living with you for less than a year, you can simply give them written notice to vacate. However, if they have been living with you for more than a year, you will need to file an eviction lawsuit. The court will then hold a hearing to determine whether or not the eviction is justified.
In addition to the legal process, there are also some practical tips you can follow to make the eviction process as smooth as possible. First, try to communicate your decision to your family member in a clear and respectful way. Explain your reasons for evicting them and give them ample time to find a new place to live. If possible, offer to help them with the move.
Second, be prepared for your family member to be upset or angry. Try to remain calm and understanding, but don’t let them manipulate you into changing your mind. Third, if you are concerned about your safety, contact the police or a domestic violence hotline.
How To Evict a Family Member In Lincoln
Evicting a family member can be a difficult and emotional process. However, it is important to remember that you have the right to protect your property and your family. If you are considering evicting a family member, it is important to follow the proper legal procedures.
1. Give Notice
The first step in evicting a family member is to give them written notice. The notice should state the reason for the eviction and the date by which they must vacate the property. The notice must be served in person or by certified mail.
2. File a Complaint
If the family member does not vacate the property by the date specified in the notice, you will need to file a complaint with the court. The complaint should state the facts of the case and the relief you are seeking.
3. Serve the Complaint
Once you have filed the complaint, you will need to serve it on the family member. The complaint can be served in person or by certified mail.
4. Attend the Hearing
After the complaint has been served, the court will schedule a hearing. At the hearing, you will have the opportunity to present your case and the family member will have the opportunity to present their case.
5. Obtain a Judgment
If the court finds in your favor, you will be granted a judgment of eviction. The judgment will order the family member to vacate the property.
6. Enforce the Judgment
If the family member does not vacate the property by the date specified in the judgment, you will need to enforce the judgment. You can do this by hiring a sheriff to evict the family member.
How Much Does it Cost to Evict a Family Member in Lincoln?
Evicting a family member can be a difficult and expensive process. The cost of eviction will vary depending on the specific circumstances of the case, but there are some general costs that you can expect to incur.
| Expense Category | Approximate Cost | Notes |
|---|---|---|
| Filing Fee | $50 – $150 | The fee to file an eviction action with the local court. |
| Attorney Fees | $400 – $5,000+ | Attorney fees vary based on the case’s complexity, the attorney’s experience, and whether they charge a flat fee or an hourly rate. |
| Process Serving Fees | 20 $ – $100 | The cost of serving the eviction notice to the tenant. |
| Sheriff’s Fees | $30 – $150 | Costs for the sheriff’s office to perform the physical eviction, if necessary. |
| Locksmith Fees | $80 – $200 | To change the locks following a successful eviction. |
| Storage Fees | Varies | Costs to store the tenant’s property if they leave belongings behind . |
| Lost Rent | Opportunity Cost | The rent that cannot collected be during the eviction process. |
| Court Costs | Varies | Additional costs for any required court appearances or filings. |
| Additional Costs | Varies | Potential for costs cleaning, repairs, or other items related to restoring the property post-eviction. |
- Filing fees: The first step in the eviction process is to file a complaint with the court. The filing fee for an eviction complaint in Lincoln is $150.
- Service of process: Once the complaint has been filed, it must be served on the tenant. The cost of service of process will vary depending on the method of service.
- Attorney fees: If you choose to hire an attorney to represent you in the eviction process, you will be responsible for their fees. Attorney fees can vary widely, so it is important to get a quote from an attorney before hiring them.
- Court costs: In addition to the filing fee, you may also be responsible for other court costs, such as the cost of a hearing or a judgment.
FAQs: Evicting a Family Member in Lincoln
Here are some of the most frequently asked questions about evicting a family member in Lincoln:
What are the grounds for evicting a family member in Lincoln?
Nebraska law allows landlords to evict tenants for various reasons, including nonpayment of rent, lease violations, and criminal activity. However, when the tenant is a family member, the eviction process can be more complicated.
What steps should I take to evict a family member in Lincoln?
To evict a family member in Lincoln, you must first provide them with a written notice to vacate. The notice must state the reason for the eviction and the date by which the family member must leave. If the family member does not vacate by the deadline, you can file an eviction lawsuit with the court.
Can I evict a family member without going to court?
In some cases, it may be possible to evict a family member without going to court. However, this is only possible if the family member agrees to leave voluntarily. If the family member does not agree to leave, you will need to file an eviction lawsuit.
What are the potential consequences of evicting a family member?
Evicting a family member can have a significant impact on both the family member and the landlord. The family member may lose their home and their belongings, and they may have difficulty finding a new place to live. The landlord may lose rent income and may have to deal with the hassle of finding a new tenant.
How long does the eviction process take in Nebraska?
| Notice Received by Tenants | Average Timeline |
|---|---|
| Issuing an Official Notice | 7 days to 30 days |
| Issuing and Serving of Summons and Complaint | 3 days |
| Court Hearing and Judgment + Issuance of Writ of Restitution | 10-14 days |
| Return of Rental Property | 10 days |
Can a landlord evict you without a court order in Nebraska?
No, In Nebraska a landlord cannot evict you without a court order. They must go through the legal eviction process, which involves serving you with a notice and then filing a lawsuit if you don’t comply.
How long do evictions stay on your record in Nebraska?
Eviction records in Nebraska typically stay on your record for seven years from the original delinquency date.
What resources are available to help me evict a family member in Lincoln?
There are several resources available to help you evict a family member in Lincoln. You can contact the Nebraska Legal Aid office for free legal assistance. You can also contact the Lincoln Housing Authority for help finding affordable housing for your family member.
Related:
How to Evict a Family Member in Lowell