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EspañolWho is protected by the law that allows an abuser to be evicted from a shared home?
This law protects victims who share a rental home with the abuser. If the abuser commits domestic violence against you or another household member, you may be able to have the abuser removed from your home without needing to end your lease.1
1 Neb. Rev. Stat. § 76-1431.02(1)
What documentation is accepted under the Violence Against Women Act?
To have the abuser removed from your home, you may provide certain types of proof that the abuse happened. According to the Violence Against Women Act (VAWA), this proof can be any of the following:
- a certification form from the government agency running the housing program you are covered by that says all of the following:
- that you or a member of your household is a victim of domestic violence, dating violence, sexual assault, or stalking;
- that this abuse meets the requirements of VAWA that qualify you or your household member for protection; and
- the name of the person who committed the abuse, if you know their name and it is safe for you to give it;
- a document that:
- is signed by you as well as a qualified third party from whom you got help related to the domestic violence, dating violence, sexual assault, or stalking:
- an employee agent, or volunteer of a victim service provider;
- an attorney;
- a medical professional; or
- a mental health professional; and
- says under oath that the professional from the list above who signed the form believes that the abuse is the reason you need the protection of this law;
- is signed by you as well as a qualified third party from whom you got help related to the domestic violence, dating violence, sexual assault, or stalking:
- an official record of a local, state, federal, tribal, or territorial:
- law enforcement agency;
- court; or
- administrative agency; or
- other evidence that you can give regarding the abuse and your need for protection.1
Note: The way VAWA defines this is different than how a qualified third party works under Nebraska law. See How does Nebraska law define a qualified third party? for more information.
1 34 U.S.C. 12491(c)(3); see 34 U.S.C. 12491(a)(2)-(3) for more details about the government agencies and housing programs included.
What documents do I need to give the landlord to remove the abuser?
To remove the abuser from your shared home, you must give your landlord both:
- proof of the abuse, which can be either:
- a protective order, restraining order, or another similar order against the abuser; or
- certification from a qualified third party as defined by the Violence Against Women Act;1 and
- a written document that includes the following information:
- the abuser’s full legal name;
- the date you want the landlord to serve the termination notice on the abuser. The date you choose must be at least five days but no more than 30 days from the day you give this notice to the landlord; and
- a safe way the landlord can communicate with you in the future.2
After you take these steps, the landlord can evict the abuser. The landlord must serve the termination notice on the day you chose so that you can plan for your safety.3 If the abuser ignores the termination notice, the landlord will have to file an eviction case against them. The landlord must also send you a notice of the date that a hearing is scheduled in that eviction case. However, if you have followed all the required steps, you will not be evicted during this process.4
The landlord is not allowed to let the abuser back into your home unless a law enforcement officer is with them.5
1 Neb. Rev. Stat. §§ 76-1431.02(1); 76-1431(5)(a)(iii); 34 U.S.C. 12491(c)(3)
2 Neb. Rev. Stat. § 76-1431.02(2)
3 Neb. Rev. Stat. § 76-1431.02(3)
4 Neb. Rev. Stat. § 76-1431.02(4)(b)
5 Neb. Rev. Stat. § 76-1431.02(4)(c)
Can I ask the landlord to change my lock once the abuser is gone?
After the abuser moves out, the landlord must also change your lock and tell you how to get the new key.1 The landlord must replace the entire lock with one that is at least as good. If the original lock is still in working condition, the landlord may instead “rekey” the lock, or reset the entry code if it is a keyless system.2 The landlord can keep a copy of the new key or entry code, just as they would when a new tenant moves into the unit.3
1 Neb. Rev. Stat. § 76-1431.02(4)(a), (4)(c)
2 Neb. Rev. Stat. § 76-1431.04(1)
3 Neb. Rev. Stat. § 76-1431.04(3)
What if the abuser also tries to have me evicted?
If both tenants ask the landlord to evict the other tenant, they will both need to provide qualifying documentation. However, in this situation, the landlord is only required to evict a tenant if there is a court order against them requiring them to leave. If neither tenant has a court order granting them possession of the home, the landlord is not required to evict anyone until a court order directs them to do so.1
1 Neb. Rev. Stat. § 76-1431.02(5)
