Verbal Threats From One Tenant to Another - 5 Day Notice to Quit Illegal Activity

[Carly Peterman]

I own a fourplex building. The tenant in the basement moved in two months ago and has been pretty problematic, including two prior noise complaints from the unit above him for blasting music until 1 am within the last month. He was addressed about these and apologetic, but we'd had some experiences with him that made us think he was either drinking heavily or on something else that made him act very different from his normal respectful demeanor. Last night at midnight I received a call from the apartment above him (respectful non-problematic long-term tenants) a family of 5 with a baby, saying he was blasting music again, so they banged on the floor with a broom to let him know it was too loud. They had addressed the basement tenant before about the music and seemed to have a mutual understanding. 

At this point, it seems as if it's antagonistic behavior from the basement, but upon hearing the tenant above him banging on the floor, he started to yell at them using racial slurs, told them to come down to his apartment and bring a knife, and threatening to punch the father in the face. The upstairs tenant called me pretty scared, and I told him to call the police immediately. At this point, I heard the basement tenant banging on their front door which they did not answer. I beat the police there and witnessed the screaming from downstairs. The cops came but obviously, the basement tenant turned off the lights and did not answer. 

I want this basement tenant out ASAP, his lease isn't up til next year. Unfortunately, we're starting a long weekend so I can't get any kind of professional help til Tuesday, but from my research, it sounds like I can issue a 5-day notice to quit for illegal activity, on the grounds of verbally threatening another tenant giving him 5 days from the certified mail notice to move out. (Making it Sept 14th as the last day as I can't get to a post office til Tuesday the 5th. 

I am planning on trying to consult legal help but not sure where to start to find someone, and just wondering if anyone has gone through anything similar. All I can find on 5 days regards rent. My lease doesn't specifically cover this situation, so I'm trying to base it on local laws. I've reached out as of this morning to see if we can come to a mutual agreement to end the lease early but no response. 

I'm a younger landlord so this whole situation has been stressing me out a bit and I can't find a whole lot online.  

(Neb. Rev. Stat. § 76-1431)

Nebraska Revised Statute 76-1431

[Greg Scott]

I am not familiar with Nebraska tenancy law.  

Usually a notice to quit will be for a lease violation, such as excessive noise.  For threats of violence, I would get the police involved and seek an emergency eviction for health and safety reasons.

You should be able to find a local eviction attorney that serves your area.  Most of them aren't terribly expensive as they work on volume.  I'd reach out to some of them as soon as you can.