§ 25-21,220.Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.
Article 21: Special Proceedings and Actions · Last amended 2016 · Last verified July 22, 2026
In one sentenceThis section lists five situations where a party may bring a forcible entry and detainer action — holdover tenants behind on rent, tenants who threaten safety, purchasers at judicial sales, and occupants without a legal claim to the land — and states that the list does not limit the eviction statutes that follow.
(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 when a tenant has threatened the health or safety of other tenants, the landlord, or the landlord's employees or agents, without the right of the tenant to cure the default;
(3) 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;
(4) 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
(5) 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.
This section shall not be construed as limiting the provisions of sections 25-21,219 to 25-21,235.
Section 25-21,220 opens Nebraska’s forcible entry and detainer statutes by marking out who can be sued under them. The first and most common category covers a tenant holding over past the lease term, and the statute treats a tenant as holding over the moment rent, or any part of it, goes unpaid when due. A second category covers a tenant who threatens the health or safety of another tenant, the landlord, or the landlord’s employees or agents — and here the tenant gets no chance to fix the problem before the landlord can proceed.
The remaining categories reach past ordinary landlord-tenant disputes. A buyer at a judicial sale, execution, or other court-ordered sale can use these proceedings against a judgment debtor who stayed in possession after the judgment or decree that led to the sale. The same goes for sales by executors, administrators, or guardians, and for partition sales, where a party stayed in possession after the suit began and the court has since found the sale valid. Finally, anyone who settled or occupies land without color of title, up against a person who holds the right to possess it, falls within these proceedings too.
The section closes with a reminder that this list does not confine the eviction statutes that follow. Sections 25-21,219 through 25-21,235 reach beyond these five categories, so a case that does not fit neatly into one of them may still belong in a forcible entry and detainer action under the fuller statutory scheme.
Frequently Asked Questions
Does falling behind on rent make a tenant a holdover tenant under Nebraska law?
Yes. Section 25-21,220 treats a tenant as holding over the moment rent, or any part of it, becomes due and goes unpaid, which puts that tenant within the reach of a forcible entry and detainer action.
Can a landlord skip giving a tenant a chance to fix a safety threat before evicting?
Yes, for this specific ground. When a tenant threatens the health or safety of another tenant, the landlord, or the landlord’s employees or agents, the statute does not give that tenant a right to cure before the landlord proceeds.
Can these eviction proceedings be used after a foreclosure or execution sale?
Yes. A buyer at a judicial sale or execution can use them against a judgment debtor who remained in possession at the time the judgment or decree behind the sale was entered.
Does this section cover sales handled by an executor, administrator, or guardian?
Yes, along with partition sales, so long as a party to the sale or partition was in possession when the suit began and the court has since examined and approved the sale.
What about someone occupying land with no legal claim to it?
Section 25-21,220 reaches a settler or occupier without color of title when the person bringing the action holds the right to possess the property.
Does this list of five situations limit when a forcible entry and detainer action can be filed?
No. The section states directly that it does not limit sections 25-21,219 to 25-21,235, so the eviction statutes can reach situations beyond these five.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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