Landlord Tenant – Forcible Entry and Detainer Law – Nebraska
Forcible entry and detainer; jurisdiction; exception.
The district and county courts shall have jurisdiction over complaints of unlawful and forcible entry into lands and tenements and the detention of the same and of complaints against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same. If the court finds that an unlawful and forcible entry has been made and that the same lands or tenements are held by force or that the same, after a lawful entry, are held unlawfully, the court shall cause the party complaining to have restitution thereof. The court or the jury, as the situation warrants, shall inquire into the matters between the two litigants such as the amount of rent owing the plaintiff and the amount of damage caused by the defendant to the premises while they were occupied by him or her and render a judgment or verdict accordingly. This section shall not apply to actions for possession of any premises subject to the provisions of the Uniform Residential Landlord and Tenant Act. §25-21,219
Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.
Proceedings under sections 25-21,219 to 25-21,235 may be had:
(1) In all cases against tenants holding over their terms, and a tenant shall be deemed to be holding over his or her term whenever the tenant has failed, neglected, or refused to pay the rent or any part thereof when the rent became due;
(2) In all cases of sales of real estate or executions, orders, or other judicial process when the judgment debtor was in possession at the time of the entry of the judgment or decree by virtue of which such sale was made;
(3) In all cases of sale by executors or administrators or guardians and on partition if any of the parties to the partition were in possession at the commencement of the suit after such sales so made on execution or otherwise have been examined by the proper court and the sales adjudged legal; and
(4) In all cases when the defendant is a settler or occupier of lands or tenements, without color of title, and to which the complainant has the right of possession. §25-21,220
This section shall not be construed as limiting the provisions of section 25-21,219.
Forcible entry and detainer; notice to leave premises; when and how served.
It shall be the duty of the party, desiring to commence an action under sections 25-21,219 to 25-21,235, to notify the adverse party to leave the premises for the possession of which the action is about to be brought. This notice shall be served at least three days before commencing the action by leaving a written copy with such adverse party, or at his usual place of abode, if he cannot be found. Where the defendant or his usual place of abode cannot be found in the county where the premises are located, such notice may be served by leaving such notice at or posting it on the detained premises. §25-21,221
Forcible entry and detainer; complaint; contents.
The summons shall not issue until the plaintiff shall have filed his complaint in writing which shall particularly describe the premises so entered upon or detained, and shall set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention after a peaceable or lawful entry of the described premises. The complaint shall be copied into and made a part of the record. §25-21,222
Forcible entry and detainer; summons; service; trial date.
The summons shall be issued and directed with a copy of the petition attached to the summons, shall state the cause of the complaint, the time and place of trial of the action for possession, and the answer day for other causes of action, and shall notify the defendant that if he or she fails to appear judgment shall be entered against him or her. The summons may be served and returned as in other cases or by any person, except that the summons shall be served within three days,excluding Saturdays, Sundays, and holidays, from the date of its issuance and shall be returnable within five days, excluding Saturdays, Sundays, and holidays, from the date of its issuance. The person making the service shall file with the court an affidavit stating with particularity the manner in which he or she made the service. Trial of the action for possession shall be held not less than ten nor more than fourteen days after the date of issuance of the summons. §25-21,223
Forcible entry and detainer; failure of defendant to appear; effect.
If the defendant does not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present. §25-21,224
Forcible entry and detainer; continuance for more than seven days; undertaking required.
No continuance shall be granted for a longer period than seven days, unless upon cause shown to the court of the existence of extraordinary causes and then not unless the defendant applying therefor shall give an undertaking to the adverse party, with good and sufficient surety to be approved by the court, conditioned for the payment of any rents that have or may accrue, and any additional damages that may be sustained by such adverse party by reason of the continuance, if judgment be rendered against the defendant. §25-21,225
Forcible entry and detainer; trial without jury; judgment; restitution; costs.
If the suit is not continued or the place of trial changed, or if neither party demands a jury, the court shall try the cause. If, after hearing the evidence, the court shall conclude that the complaint is not true, the court shall enter judgment against the plaintiff for costs. If the court shall find that the complaint is true, judgment shall be entered against the defendant and in favor of the plaintiff for restitution of the premises and costs of suit. If the court shall find that the complaint is true in part, judgment shall be entered for the restitution of such part only, and the costs shall be taxed as the court shall deem just and equitable. §25-21,226
Forcible entry and detainer; trial by jury; verdict.
If a jury is demanded by either party, the proceedings shall be in all respects as in other cases. If the jury shall find that the complaint is true, they shall render a general verdict of guilty against the defendant; if not true, then a general verdict of not guilty; if true in part, then a verdict setting forth the facts they find true. §25-21,227
Forcible entry and detainer; verdict; entry; judgment.
The court shall enter the verdict upon the docket, and shall render such judgment in the action as if the facts authorizing the finding of such verdict had been found to be true by the court. §25-21,228
Forcible entry and detainer; exceptions.
Exceptions to the opinion of the judge of the court, in cases under sections 25-21,219 to 25-21,235, upon questions of law and evidence, may be taken by either party, whether tried by a jury or otherwise. §25-21,229
Forcible entry and detainer; restitution; writ of execution; form
If a judgment of restitution is entered, the court shall, at the request of the plaintiff or the plaintiff’s attorney, issue a writ of execution thereon which shall be in the following form as nearly as practicable:
The State of Nebraska, ……………. County, ss.
To any Constable or Sheriff of ……………. County:
Whereas, in a certain action for the forcible entry and detention, (or the forcible detention, as the case may be) of the following described premises, to wit: ………………, lately tried before this court, wherein ……………… was plaintiff, and …………. was defendant, judgment was entered on the ……. day of ………. A.D. …….., you therefor are hereby commanded to cause the defendant to be forthwith removed from the premises, and the plaintiff to have restitution of the same; also that you levy of the goods and chattels of the defendant, and make the costs aforesaid, and all accruing costs; and of this writ make legal service and due return.
Witness my hand this …… day of ……… A.D. ……, Clerk of the County Court.
Forcible entry and detainer; writ of execution; service; writ of error stays proceedings.
The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions. If the officer shall receive a notice from the court that the proceedings have been stayed by an allowance of a writ of error, he shall immediately delay all further proceedings upon the execution; and if the premises have been restored to the plaintiff, he shallimmediately place the defendant in the possession thereof, and return the writ, with his proceedings and costs taxed thereon. §25-21,231
Forcible entry and detainer; judgment in county court; future action not barred.
Judgments obtained in county court under sections 25-21,219 to 25-21,235 shall not be a bar to any future action brought by either party. §25-21,232
Forcible entry and detainer; appeal; procedure.
Any party against whom judgment has been entered in an action of forcible entry and detention, or forcible detention only, of real property, may appeal as provided in sections 25-2728 to 25-2738. §25-21,233
Forcible entry and detainer; appeal; operate as supersedeas; bond or surety required.
No appeal shall operate as a supersedeas unless the appellant within thirty days after the entry of the judgment deposits with the clerk of the county court a cash bond or undertaking with at least one good and sufficient surety approved by the court conditioned in case of appeal by the plaintiff that he or she will satisfy the final judgment and costs and, in case of appeal by the defendant, that he or she will satisfy the final judgment and costs and will pay a reasonable rent for the premises during the time he or she shall have unlawfully withheld the same. §25-21,234
Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.
In all actions of forcible entry and detention as well as of forcible detention only, notwithstanding the execution of an undertaking or filing of a proper cash bond for supersedeas or appeal, the judgment for restitution of the premises may be enforced, in the discretion of the court, or a judge thereof in vacation, upon the execution of a bond with sufficient surety, to defendant, or the deposit of a cash bond in such sum as the court shall fix, conditioned that in case the plaintiff shall finally be defeated he will pay the defendant his costs and all damages he may have suffered by reason of the execution of the judgment, the bond to be approved by the court or judge.§25-21,235