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LAW:
25-21,219
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,220
Chapter 25. Courts, District; Civil Procedure.
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 in
all cases against tenants holding over their terms, and a tenant shall
be deemed to be holding over his term whenever he has failed, neglected,
or refused to pay the rent or any part thereof when the same became
due; 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 rendition of judgment of decree, by virtue of which such sale
was made; in all cases of sale by executors or administrators or guardians
and on partition where 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 shall have been examined by the proper court and the same
by such court adjudged legal; and in all cases where 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. This section
shall not be construed as limiting the provisions of section 25-21,219.
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LAW:
25-21,221
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,222
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,223
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,224
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,225
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,226
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,227
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,228
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,229
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,230
Chapter 25. Courts, District; Civil Procedure.
Forcible entry and detainer;
restitution; writ of execution; form.
Where a judgment of restitution shall be entered, the court shall,
at the request of the plaintiff, or his 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 rendered on the .......
day of .......... A.D. ........, you therefor are hereby commanded to
cause the defendant to be forthwith removed from said premises, and
the said plaintiff to have restitution of the same; also that you levy
of the goods and chattels of the said 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.
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LAW:
25-21,231
Chapter 25. Courts, District; Civil Procedure.
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 shall immediately
place the defendant in the possession thereof, and return the writ,
with his proceedings and costs taxed thereon.
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LAW:
25-21,232
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,233
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-21,234
Chapter 25. Courts, District; Civil Procedure.
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 rendition 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.
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LAW:
25-21,235
Chapter 25. Courts, District; Civil Procedure.
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.
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LAW:
25-2730
Chapter 25. Courts, District; Civil Procedure.
Appeal; operate as supersedeas; when; bond; criminal
cases; appeal; effect.
(1) In cases involving a money judgment or a judgment for the possession
of specified personal property, no appeal shall operate as a supersedeas
unless the appellant within thirty days after the rendition of the judgment
deposits with the clerk of the county court a cash bond or an undertaking
with at least one good and sufficient surety approved by the court.
In cases involving a money judgment, the bond or undertaking shall be
in the amount of the judgment, costs, and estimated interest pending
appeal and conditioned that the appellant shall pay the judgment, interest,
and costs adjudged against him or her on appeal. In cases involving
a judgment for the possession of specified personal property, the bond
or undertaking shall be in an amount at least double the value of the
property and conditioned that the appellant shall pay all costs and
damages adjudged against him or her on appeal and deliver the property
in accordance with the judgment on appeal. (2) In appeals in cases of
forcible entry and detainer, no appeal shall operate as a supersedeas
unless the party appealing shall deposit an undertaking or cash bond
in accordance with section 25-21,234. (3) In appeals in criminal cases,
the execution of judgment and sentence, other than any sentence to a
period of confinement, shall be suspended during the appeal. Execution
of a sentence to a period of confinement shall be suspended only if
(a) the county court, in its discretion, allows the defendant to continue
at liberty under the prior recognizance or bail or (b) the defendant
enters into a written recognizance to the State of Nebraska, with surety
or sureties approved by the county court or with a cash bond, filed
with the clerk of the county court. The condition of the recognizance
shall be that the defendant will prosecute the appeal without delay
and abide and perform the judgment and sentence of the district court.
Upon the filing of the notice of appeal, the county court shall fix
the amount of the recognizance or cash bond, which shall be a reasonable
amount. The cash bond shall be returned upon the fulfillment of the
conditions of the bond. (4) In appeals in cases under the Uniform Residential
Landlord and Tenant Act, no appeal shall operate as a supersedeas of
any writ of restitution unless the defendant deposits an undertaking
or cash bond in accordance with section 76-1447. (5) In all other cases,
perfection of an appeal shall not stay the proceedings. (6) In any case,
the district court, on motion after notice and hearing and upon such
terms as justice shall require, may stay any order or judgment appealed
from, order a renewal or additional surety of an undertaking, or order
the amount of the undertaking or recognizance increased or decreased.
The action of the district court shall be certified by the clerk to
the clerk of the county court.
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LAW:
25-2735
Chapter 25. Courts, District; Civil Procedure.
Appeal; surety; liability.
When an appeal shall be dismissed or when judgment shall be entered
in the district court against the appellant, the sureties in the undertaking
shall be liable to the appellee for the amount of the judgment, interest,
and costs recovered against the appellant, but not to exceed the amount
of the undertaking.
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LAW:
76-1431
Chapter 76. Real Property.
Noncompliance; failure to pay rent; effect.
(1) Except as provided in sections 25-21,219 and 76-1401 to 76-1449,
if there is a noncompliance with section 76-1421 materially affecting
health and safety or a material noncompliance by the tenant with the
rental agreement or any separate agreement, the landlord may deliver
a written notice to the tenant specifying the acts and omissions constituting
the breach and that the rental agreement will terminate upon a date
not less than thirty days after receipt of the notice if the breach
is not remedied in fourteen days, and the rental agreement shall terminate
as provided in the notice subject to the following. If the breach is
remediable by repairs or the payment of damages or otherwise and the
tenant adequately remedies the breach prior to the date specified in
the notice, the rental agreement will not terminate. If substantially
the same act or omission which constituted a prior noncompliance of
which notice was given recurs within six months, the landlord may terminate
the rental agreement upon at least fourteen days' written notice specifying
the breach and the date of termination of the rental agreement. (2)
If rent is unpaid when due and the tenant fails to pay rent within three
days after written notice by the landlord of nonpayment and his intention
to terminate the rental agreement if the rent is not paid within that
period of time, the landlord may terminate the rental agreement. (3)
Except as provided in sections 25-21,219 and 76-1401 to 76-1449, the
landlord may recover damages and obtain injunctive relief for any noncompliance
by the tenant with the rental agreement or section 76-1421. If the tenant's
noncompliance is willful the landlord may recover reasonable attorney's
fees.
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LAW:
76-1437
Chapter 76. Real Property.
Periodic tenancy; holdover remedies.
(1) The landlord or the tenant may terminate a week-to-week tenancy
by a written notice given to the other at least seven days prior to
the termination date specified in the notice. (2) The landlord or the
tenant may terminate a month-to-month tenancy by a written notice given
to the other at least thirty days prior to the periodic rental date
specified in the notice. (3) If the tenant remains in possession without
the landlord's consent after expiration of the term of the rental agreement
or its termination, the landlord may bring an action for possession
and if the tenant's holdover is willful and not in good faith the landlord,
in addition, may recover an amount not more than three months' periodic
rent or threefold the actual damages sustained by him, whichever is
greater, and reasonable attorney's fees. If the landlord consents to
the tenant's continued occupancy, subsection (4) of section 76-1414
applies.
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LAW:
76-1440
Chapter 76. Real Property.
Action for possession.
An action for possession of any premises subject to the Uniform
Residential Landlord and Tenant Act shall be commenced in the manner
described by sections 76-1440 to 76-1447.
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LAW:
76-1441
Chapter 76. Real Property.
Petition for restitution; filing; contents.
The person seeking possession shall file a petition for restitution
with the clerk of the district or county court. The petition shall contain
(a) the facts, with particularity, on which he or she seeks to recover;
(b) a reasonably accurate description of the premises; and (c) the requisite
compliance with the notice provisions of the Uniform Residential Landlord
and Tenant Act. The petition may notify the tenant that personal property
remains on the premises and that it may be disposed of pursuant to section
69-2308. The petition may also contain other causes of action relating
to the tenancy, but such causes of action shall be answered and tried
separately, if requested by either party in writing.
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LAW:
76-1442
Chapter 76. Real Property.
Summons; contents; issuance; service; when; affidavit
of service.
The summons shall be issued and directed, with a copy of the petition
attached thereto, and shall state the cause of the complaint, the time
and place of trial of the action for possession, answer day for other
causes of action, and notice that if the defendant 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 issuance and shall be returnable within five days,
excluding Saturdays, Sundays, and holidays, from the date of 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.
If diligent efforts have been made to serve the summons in the manner
provided in sections 25-505.01 to 25-516.01 but such efforts were unsuccessful,
the summons may be served in the manner provided in section 76-1442.01.
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LAW:
76-1442.01
Chapter 76. Real Property.
Summons; alternative method of service; affidavit;
contents.
When authorized by section 76-1442, service of a summons issued
under such section may be made by leaving a copy of the summons at the
defendant's last-known address and mailing a copy by first-class mail
to such address. The plaintiff shall file an affidavit with the court
showing that an attempt was made to serve the summons in the manner
provided in sections 25-505.01 to 25-516.01, the reasons why such service
was unsuccessful, and that service was made by posting the summons at
the last-known address of the defendant and mailing a copy by first-class
mail to the defendant.
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LAW:
76-1443
Chapter 76. Real Property.
Continuance; when.
No continuance shall be granted unless extraordinary cause be shown
to the court, and then not unless the defendant applying therefor shall
deposit with the clerk of the court payment of any rents that have accrued,
or give an undertaking with sufficient surety therefor, and, in addition,
deposit with the clerk such rental payments as accrue during the pendency
of the suit.
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LAW:
76-1444
Chapter 76. Real Property.
Default of defendant.
If the defendant shall 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.
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LAW:
76-1445
Chapter 76. Real Property.
Defendant may appear and answer.
On or before the day fixed for his appearance, the defendant may
appear and answer and assert any legal or equitable defense, setoff,
or counterclaim.
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LAW:
76-1446
Chapter 76. Real Property.
Trial; judgment; limitation; writ of restitution;
issuance.
Trial of the action for possession shall be held not less than
ten nor more than fourteen days after the issuance of the summons. The
action shall be tried by the court without a jury. If the plaintiff
serves the summons in the manner provided in section 76-1442.01, the
action shall proceed as other actions for possession except that a money
judgment shall not be granted for the plaintiff. If judgment is rendered
against the defendant for the restitution of the premises, the court
shall declare the forfeiture of the rental agreement, and shall, at
the request of the plaintiff or his or her attorney, issue a writ of
restitution, directing the constable or sheriff to restore possession
of the premises to the plaintiff on a specified date not more than ten
days after issuance of the writ of restitution. The plaintiff shall
comply with the Disposition of Personal Property Landlord and Tenant
Act in the removal of personal property remaining on the premises at
the time possession of the premises is restored.
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LAW:
76-1447
Chapter 76. Real Property.
Appeal; effect.
If either party feels aggrieved by the judgment, he may appeal
as in other civil actions. An appeal by the defendant shall stay the
execution of any writ of restitution, so long as the defendant deposits
with the clerk of the district court the amount of judgment and costs,
or gives an appeal bond with surety therefor, and thereafter pays into
court, on a monthly basis, an amount equal to the monthly rent called
for by the rental agreement at the time the complaint was filed.
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LAW:
76-1448
Chapter 76. Real Property.
Operative date; sections; applicability.
Sections 25-21,219 and 76-1401 to 76-1449 shall become operative
on July 1, 1975. They apply to rental agreements entered into or extended
or renewed after that date.
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LAW:
76-1449
Chapter 76. Real Property.
Transactions entered into before effective date;
effect.
Transactions entered into before July 12, 1974, and not extended
or renewed after that date, and the rights, duties, and interests flowing
from them remain valid and may be terminated, completed, consummated,
or enforced as required or permitted prior to July 12, 1974.
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