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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37412
Experience:  Attorney over 16 years, landlord 26 years
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We went to court today with the money in hand. The landlord

Customer Question

We went to court today with the money in hand. The landlord had sent 2 gals from the main office with the attorney. The judge was handling a jury trial so now we have to wait for a call which may be July 2. The girl told us because we got a 3 day eviction
notice on May 12 and didn't pay it within that time even if we paid the rent they can still evict us. Is this correct? also can they continue late fee's even though we had all the money with us? They wouldn't accept our money.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 years ago.
Hello again,
In Nebraska, if the landlord gives you a 3 day notice to pay rent and you fail to pay it in full, then they can move to evict. However, if they later accept the rental payments, including any late fees, that would invalidate the 3 day notice and then they wouldn't have legal grounds to evict because they accepted the money to cure the breach and reinstate the lease.
The landlord doesn't have to accept the rent after the 3 day expires, but if they do, then they can't continue on with any eviction action.
Customer: replied 2 years ago.
Should we get an attorney? The young woman was mouthy and told us since we didn't pay it within the 3 days, even though they accepted it, we still had to get out. Also can they continue late fees when we have made every effort to pay both months?
Expert:  barristerinky replied 2 years ago.
She is wrong. If they accepted it after the 3 days, then they can't evict. They waive the right to proceed under that 3 day if they accept it.

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