English
EspañolWho is protected by this housing law?
In general, a landlord may have the right to evict someone if they:
- commit certain crimes;
- endanger other people; or
- damage or threaten to damage the property itself.1
This is true whether the abuser is a tenant, an occupant, or just someone who’s on the property with the tenant’s permission. However, you may be protected from eviction if the abuser is not a member of your household and you take certain steps to protect yourself.1
If the abuser is also a tenant or member of your household, see Removing an abuser from a shared home.
1 Neb. Rev. Stat. § 76-1431(4)
What actions by the abuser qualify for eviction under this law?
The landlord has the right to evict any tenant or occupant if they do any of the following in the rented home:
- violent criminal activity;
- illegal sale of any drug (“controlled substance”); or
- any other activity that threatens the health or safety of:
- the other tenants;
- the landlord;
- the landlord’s employees; or
- the landlord’s agents.1
“Activity” in #3 above includes but is not limited to:
- actual or threatened physical assault;
- actual or threatened illegal use of a firearm or other weapon;
- possession of a drug other than one prescribed by a doctor, if the tenant knew or should have known it was there; or
- any other actual or threatened activity that would threaten the health or safety of any person or damage to the property.1
1 Neb. Rev. Stat. § 76-1431(4)
What steps do I need to take to avoid being evicted for the abuser’s actions?
To prevent being evicted for the abuser’s actions, you or your household member who is a victim of the abuse must do one of the following:
- get a protective order, restraining order, or another similar order against the abuser;
- report the abuser’s activity to a law enforcement agency; or
- if the abuser’s actions are an act of domestic violence, get a certification from a qualified third party as defined by the Violence Against Women Act.1
1 Neb. Rev. Stat. § 76-1431(5)(a); 34 U.S.C. 12491(c)(3)
