§ 25-21,219.Forcible entry and detainer; jurisdiction; exceptions.
Article 21: Special Proceedings and Actions · Last amended 2021 · Last verified July 22, 2026
Full Text of § 25-21,219
Source
Laws 1929, c. 82, § 117, p. 309; C.S.1929, § 22-1201; R.S.1943, § 26-1,118; Laws 1965, c. 129, § 1, p. 468; R.R.S.1943, § 26-1,118; Laws 1972, LB 1032, § 68; Laws 1974, LB 293, § 48; Laws 1984, LB 13, § 27; Laws 1984, LB 1113, § 1; R.S.1943, (1985), § 24-568; Laws 2021, LB320, § 1.
Cross References
Mobile Home Landlord and Tenant Act, see section 76-1450. Uniform Residential Landlord and Tenant Act, see section 76-1401.
Plain-English Summary
Section 25-21,219 opens Nebraska’s forcible entry and detainer statute, the framework courts use to resolve two related problems with possession of land. The district and county courts have jurisdiction over complaints of unlawful and forcible entry into land or tenements and the detention that follows, and over complaints against someone who entered lawfully and peaceably but now holds the property unlawfully and by force. Both scenarios end up in the same court with the same remedy available.
When the court finds either an unlawful and forcible entry, or an unlawful holding after a lawful entry, it orders restitution — putting the complaining party back in possession. The same proceeding also resolves the money side of the dispute: the court or jury inquires into how much rent the defendant owes the plaintiff and how much damage the defendant caused to the premises while occupying them, and renders judgment or a verdict covering both possession and those amounts.
This section, and the sections that follow it, do not reach every landlord-tenant dispute. It does not apply to actions for possession of premises covered by the Uniform Residential Landlord and Tenant Act or the Mobile Home Landlord and Tenant Act — the statutes that govern most ordinary residential and mobile-home tenancies. That leaves this forcible entry and detainer framework for possession disputes those two acts do not reach.
Frequently Asked Questions
What is a forcible entry and detainer action in Nebraska?
A court proceeding over unlawful and forcible entry onto land or tenements, or over someone who entered lawfully but now holds the property unlawfully and by force, resolved under sections 25-21,219 and following.
Which courts hear these cases?
Both the district courts and the county courts have jurisdiction.
Does this statute apply to an ordinary residential lease dispute?
No, not if the Uniform Residential Landlord and Tenant Act governs the tenancy. This section specifically excludes actions for possession of premises covered by that act or by the Mobile Home Landlord and Tenant Act.
What can the court award besides possession of the property?
The court or jury also determines the rent owed to the plaintiff and the damage the defendant caused to the premises, and renders judgment or a verdict covering those amounts along with possession.
What is the difference between the two scenarios this section covers?
One involves an unlawful and forcible entry from the start; the other involves a lawful and peaceable entry followed by unlawfully holding the property by force.