LEGAL PRACTICE AREAS
- evictions & collections
- landlord & tenant
- real estate
- land contracts
- purchase agreements
- closings
- wills & trusts
- divorce & family law
- corporations & L.L.C.
- litigation – All injury
- premises liability
- car accidents
Landlord & Tenant Law
Our law office evicts tenants for nonpayment of rent and other lease violations. Our policy is to fast track all evictions to completion in twenty-one days or less. Typically, we will e-file your complaint and have a summons issued the same day we receive your order.
Your trial date will be in approximately fourteen days. After trial, within a matter of days, the sheriff's department will physically remove any tenants that continue to occupy the premises.
If your tenant owes back rent, our office will obtain a money judgment in your favor and garnish your former tenant's paycheck. The fee is a percentage of the amount collected. To get started, email your three day notice to: jasonhubbardlaw@gmail.com or call my office at (402) 393-4000 today.
FREQUENTLY ASKED QUESTIONS
Generally, a landlord must give written notice to the tenant which allows the tenant 14 days to reclaim the property. Notice should be mailed via U.S. mail, first class, with postage prepaid to the tenant’s last known address. For full details please read the following: Abandoned Property – When can I throw it out? & Sample Notice of Right to Reclaim Abandoned Property.
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It is always best to appear at the scheduled hearing if you believe your tenants will contest the restitution action. In the event your tenants appear and present misleading or false testimony, you will need to be present to testify and refute any such misleading or false testimony.If you cannot attend the hearing, my office will send you a landlord’s affidavit to sign that we will present in court in lieu of your live testimony
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If you accept payment in any amount from a tenant after serving a 3-day notice, you waive your right to evict. You will have to start the process over and serve a new 3-day notice which gives the tenant credit for any amount paid. While a 3-day notice is running, a landlord is only obligated to accept the entire amount demanded in the notice. A landlord should send any partial payment back to the tenant prior to the hearing to preserve his right to evict the delinquent tenant. Once a three day notice has run, a landlord is under no duty to accept any payment at all and may refuse even full payment and proceed with the restitution action.
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Collection cases are handled on a contingency fee basis. You will receive 60% of all amounts collected after costs are deducted. Our fee is 40% of amounts collected and reimbursement of costs. In the event we obtain a judgment against an employer of your former tenant, our fee is increases to 45% to compensate for additional court time. You will only be charged from amounts actually collected. We send you checks, not invoices. Please see our Retainer Agreement for complete information.
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My office will seek a judgment for monetary damages against your tenant that includes: back rent, late fees, court costs, attorney fees and statutory damages (when allowed). We will then enforce that judgment by garnishing your former tenant’s paycheck.
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Typically, we will have your property restored back into to your possession in 21 days or less. The Clerk of Court will set a trial date 14 days from the date on which we file your Complaint. If the tenant avoids the sheriff’s efforts to serve the summons, the trial will be delayed by approximately five days while my office perfects service. After court, the sheriff will contact you within 24 to 48 hours to arrange a formal lockout. So, planning for delays, the entire process typically takes 21 days or less.
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We charge $400.00 to file a lawsuit and represent you at the court hearing for restitution of premises. Our fee is inclusive of court costs and sheriff fees. An Order granting restitution will lawfully restore possession of your property back to you. If necessary, the sheriff will enforce this order and physically remove any holdover tenants. Please see our Retainer Agreement for complete information.
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Use a 3-day notice to demand payment of rent that is due and owing. A 3-day notice should: state the total amount of money that is owed, provide an itemization of charges to the tenant’s account (e.g. rent, late fees, utility fees, maintenance fees, etc.), and inform the tenant that if rent is not paid within three days after written notice of nonpayment the rental agreement will terminate.Use a 14-day notice to demand compliance with all other material terms of the rental agreement. A 14-day notice should: specify the acts and omissions constituting the breach (e.g. unauthorized pets, unauthorized occupants, excessive damage to the premises, etc.) and inform the tenant that the rental agreement will terminate thirty days after receipt of notice if the breach is not remedied in fourteen days.Use a 30-day notice to terminate a month to month tenancy. At the expiration of the fixed term in a rental agreement (e.g. a one year lease) a tenancy will continue on a month to month basis by operation of law. A landlord may terminate a month to month tenancy by giving written notice to the tenant at least thirty days before the start of a new monthly term.
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To start the eviction process, a landlord must first send notice (by first class mail, postage prepaid) informing the tenant of the breach. A 3-day notice is used for non-payment of rent; a 14-day notice is used for other lease violations; and a 30-day notice is used to terminate a month to month tenancy. Once the amount of days in the notice has run, you may use the courts to terminate the lease and remove any tenants that have not vacated the premises.
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Landlord Tool kit
Divorce & Family Law
An unhappy marriage will rob you of your sense of self-worth and deprive you of the life you deserve. Often, the only solution to a broken marriage is to permanently end the relationship and reclaim your life.
The terms of your divorce will greatly impact the rest of your life. Your parenting plan will determine when and how often you see your children. Your decree will finalize whether you receive alimony, the amount of child support you are entitled to, and which marital assets you are allowed to keep.
You need a lawyer who will protect your interests and make sure you are treated fairly.
Clients use me because they know what matters most is having an advocate they can trust and depend on. If you are going through a divorce, use an attorney that will take the time to explain the legal process to you so that you can make smart, informed decisions.
I am the Omaha divorce attorney who will be attentive to your needs and represent you fully through the legal process. If you require an attorney who will make certain that you get the best result possible, call my office at (402) 393-4000 today.
Our Team
Jason Hubbard
Creighton University School of law, J.D. 2010
Member of Nebraska State Bar Association 2011
Admitted to Practice United States District Court 2011
Real Estate Broker License 2014
Member of Omaha Law League
Member of Inns of Court
Lucy Wang
Graduated Metropolitan Community
College May 2016
Contact Us
Business Hours: M-F: 9am to 4pm
Sat: 9am to 12pm (By Appointment)
