Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,226
Forcible entry and detainer; trial without jury; judgment; restitution; costs.
Operative Text
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. This section pertains specifically to a cause of action for forcible entry and detainer; it does not inhibit any right to trial by jury that would otherwise arise incident to other causes of action. 132 Ventures v. Active Spine Physical Therapy, 313 Neb. 45, 982 N.W.2d 778 (2022).
Under Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,226, when a forcible entry and detainer case is tried without a jury, the court evaluates the evidence and issues one of three outcomes: judgment against the plaintiff (with costs) if the complaint is not proven, full restitution of the premises to the plaintiff if the complaint is fully proven, or partial restitution if only part of the complaint is established. Costs in partial-finding cases are allocated at the court's discretion. Importantly, this bench-trial procedure applies specifically to the forcible entry and detainer cause of action and does not eliminate jury-trial rights that may attach to other legal claims brought alongside it.
Plain English — not legal advice.
Property owners or managers pursuing a forcible entry and detainer action under Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,226 should understand that, absent a jury demand or continuance, the court will decide the case based on the evidence presented. A compliant operator typically ensures that all factual grounds for the complaint are well-documented and presented at the hearing, since the court's judgment—whether for full restitution, partial restitution, or against the plaintiff—flows directly from what the evidence supports. Operators should also be aware that if the complaint is not proven, they may be liable for the defendant's costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants facing a forcible entry and detainer proceeding governed by Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,226 have the right to present evidence at trial, and the court is required to rule against the landlord—and award costs to the tenant—if the complaint is not proven. If the landlord's complaint is only partially supported by the evidence, the court may limit any restitution order to that portion and apportion costs fairly. Tenants who believe the complaint is inaccurate or overstated may wish to consult a tenant-rights organization or legal aid provider to understand how to present their evidence effectively.
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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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