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 without jury; judgment; restitution; costs.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceWhen an eviction case is tried to the court alone, the judge decides whether the complaint is true, then enters judgment for the tenant if not, restitution and costs for the landlord if so, or, when the claim holds in part, restitution of that part with costs divided as the court thinks fair.
Full Text of § 25-21,226
Source
Laws 1929, c. 82, § 125, p. 311; C.S.1929, § 22-1209; R.S.1943, § 26-1,126; Laws 1972, LB 1032, § 76; R.S.1943, (1985), § 24-576.
Plain-English Summary
Section 25-21,226 covers what happens at the end of a bench trial in an eviction case — one where the case was not continued or moved, and neither side demanded a jury. The court hears the evidence and reaches one of three conclusions.
If the court decides the complaint is not true, judgment goes against the plaintiff for costs, and the tenant keeps possession. If the court decides the complaint is true, judgment goes against the defendant: the plaintiff gets restitution of the premises and the costs of suit. And if the court finds the complaint true only in part, the judgment gives restitution of just that part, with costs taxed as the court thinks just and equitable rather than automatically following the win.
That middle outcome matters in practice. A landlord’s complaint covering an entire building or lot, for instance, might succeed as to part of the property and fail as to the rest, and this section lets the judgment track that split result instead of forcing an all-or-nothing outcome.
Frequently Asked Questions
What happens if the judge finds the eviction complaint is not true?
Judgment is entered against the plaintiff for costs, and the tenant is not removed under that judgment.
What happens if the judge finds the complaint true?
Judgment is entered against the defendant, and the plaintiff receives restitution of the premises along with the costs of suit.
What if the complaint turns out to be true for only part of the property?
The judgment awards restitution of that part only, and the court taxes costs as it deems just and equitable rather than awarding them automatically to one side.
Does this section apply to jury trials?
No. It governs cases tried to the court alone, where the suit was not continued or the venue changed and neither party demanded a jury. Jury trials are addressed separately in section 25-21,227.
Who decides how costs are split when the result is partly for each side?
The court, using its judgment about what is just and equitable under the circumstances.
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
Also known as: eviction bench trial outcome nebraskalandlord wins eviction judgment restitutionpartial eviction judgment nebraskaeviction costs allocation nebraskajudge decides eviction case nebraska