Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,220
Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.
Operative Text
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 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 . A forcible entry and detainer action is not the proper action to resolve a contract dispute between a landlord and tenant. Woodsonia Hwy 281 v. American Multi-Cinema, 318 Neb. 592, 17 N.W.3d 780 (2025). If the claimant's right of possession depends on resolving some right of the defendant, whether legal or equitable, in the property itself, the court must dismiss the forcible entry and detainer action for want of jurisdiction. Woodsonia Hwy 281 v. American Multi-Cinema, 318 Neb. 592, 17 N.W.3d 780 (2025). Whether an owner's title to property is encumbered by a lease is a question bearing on title--a lease and possession constitute an interest in real estate, and a tenant has a possessory title while his or her lease remains in force. Woodsonia Hwy 281 v. American Multi-Cinema, 318 Neb. 592, 17 N.W.3d 780 (2025). An action in forcible entry and detainer will lie against a lessee not in actual physical possession, and pendency of equitable action in district court will not preclude it. Moritz v. S & H Shopping Centers, Inc., 197 Neb. 206, 247 N.W.2d 454 (1976).
Nebraska Revised Statute § 25-21,220 identifies the circumstances under which a forcible entry and detainer (eviction) proceeding may be initiated. These include situations where a tenant has held over past their lease term, failed to pay rent, threatened the health or safety of others, or occupies property without a legal claim to it. The statute also applies in certain post-sale and estate-related scenarios. Importantly, courts have interpreted this provision to mean that forcible entry and detainer is not the appropriate vehicle for resolving broader contract disputes or questions about property title.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 25-21,220, compliant property operators generally ensure that any eviction action they pursue fits squarely within one of the enumerated grounds—such as nonpayment of rent, holdover tenancy, or a health-and-safety threat. Operators typically document the specific basis for the proceeding carefully, since courts have held that disputes rooted in contract interpretation or competing property rights fall outside the scope of this statute. When a health or safety threat is the basis, the statute does not require offering the tenant an opportunity to cure, which differs from other default scenarios.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 25-21,220 defines the limited grounds on which a landlord may bring a forcible entry and detainer action against a tenant, and courts have recognized that this type of proceeding cannot be used to resolve general contract disputes or questions about a tenant's legal interest in the property. If a tenant believes an eviction action has been filed on grounds not listed in this statute, or that the action improperly implicates title or lease rights, that argument may be raised as a jurisdictional defense in court. Tenants facing such proceedings may benefit from consulting a tenant-rights organization or legal aid provider familiar with Nebraska eviction law to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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