Complaint for Forcible Entry and Detainer / Restitution of Premises (Nebraska)

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER / RESTITUTION OF PREMISES — NEBRASKA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy
4. Predicate Notice
5. Count I — Forcible Entry and Detainer / Restitution of Premises
6. Count II — Unpaid Rent and Damages
7. Count III — Holdover Damages (If Applicable)
8. Prayer for Relief
9. Demand for Jury Trial (Conditional)
10. Verification
11. Signature and Service Block
12. Exhibits
13. Nebraska Practice Notes
14. Sources and References

1. CAPTION

STATE OF NEBRASKA

IN THE COUNTY COURT OF [COUNTY NAME] COUNTY

CASE NO. [________________________________]

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER, RESTITUTION OF PREMISES, AND DAMAGES

Plaintiff, complaining of Defendants, alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord") is the [owner / landlord / authorized agent of the owner] of the real property and dwelling unit described in Section 3 below (the "Premises"). Plaintiff's principal address is [ADDRESS].

2.2. Defendant [TENANT NAME] ("Tenant") is an adult who at all relevant times has occupied the Premises as a residential tenant.

2.3. Defendant [CO-TENANT NAME] is an adult co-tenant named on the rental agreement and in possession of the Premises.

2.4. The "All Other Occupants" Defendants are unknown adult occupants of the Premises whose names cannot be ascertained at this time. Plaintiff seeks relief against them by description pursuant to Nebraska practice in forcible entry and detainer actions.

2.5. This Court has subject-matter jurisdiction under Neb. Rev. Stat. § 25-21,219 (forcible entry and detainer; concurrent district and county-court jurisdiction) and Neb. Rev. Stat. § 24-517 (general county-court jurisdiction).

2.6. Venue is proper in [COUNTY] County, Nebraska, because the Premises are located in [COUNTY] County and the rental agreement was entered and performed in [COUNTY] County.

2.7. The amount in controversy on the rent and damages claims (Counts II and III) does not exceed the county court's jurisdictional limit set by Neb. Rev. Stat. § 24-517(1). ☐ Plaintiff confirms the cap is not exceeded. ☐ If exceeded, Plaintiff has elected to limit recovery to the cap or has filed in district court.

3. THE TENANCY

3.1. The Premises are described as: [STREET ADDRESS, UNIT/APT NUMBER], [CITY], [COUNTY] County, Nebraska [ZIP].

3.2. The tenancy was created by a [written / oral] rental agreement dated [__/__/____], a true and correct copy of which is attached as Exhibit A (the "Rental Agreement"). The Rental Agreement is governed by the Nebraska Uniform Residential Landlord and Tenant Act, Neb. Rev. Stat. §§ 76-1401 to 76-1449 (the "URLTA").

3.3. The Premises are not a mobile-home space governed by the Mobile Home Landlord and Tenant Act (Neb. Rev. Stat. § 76-1450 et seq.), and the Rental Agreement is not exempted from URLTA coverage by Neb. Rev. Stat. § 76-1408.

3.4. The current rent is $[____________] per [month / week], payable in advance on the [1st / OTHER] day of each rental period.

3.5. Tenant took possession on [__/__/____] and has remained in possession at all times since.

3.6. The tenancy is: ☐ a fixed-term tenancy ending on [__/__/____]; ☐ a month-to-month periodic tenancy; ☐ a week-to-week periodic tenancy; ☐ other: [________________________________].

4. PREDICATE NOTICE

4.1. On [__/__/____], Plaintiff caused to be served on Defendants a written notice (the "Notice"), a true and correct copy of which is attached as Exhibit B. The Notice was given pursuant to:

☐ Neb. Rev. Stat. § 76-1431(2) — Seven-Day Notice to Pay Rent or Quit;

☐ Neb. Rev. Stat. § 76-1431(1) — Thirty-Day Notice to Cure or Quit (Material Noncompliance with 14-day cure);

☐ Neb. Rev. Stat. § 76-1431(3) — Notice of Substantially Similar Repeat Breach;

☐ Neb. Rev. Stat. § 76-1431(4) — Five-Day Notice (Violent Criminal Activity / Controlled Substances);

☐ Neb. Rev. Stat. § 76-1437 — Thirty-Day No-Cause Termination of Periodic Tenancy.

4.2. The Notice was served on Defendants by [personal delivery / posting and mailing / certified mail] on [__/__/____], as evidenced by the Proof of Service attached to Exhibit B.

4.3. The cure or termination period set forth in the Notice expired on [__/__/____].

4.4. Defendants have failed to: ☐ pay the rent due; ☐ cure the material noncompliance; ☐ vacate the Premises; ☐ all of the above.

4.5. Plaintiff has performed all conditions precedent to the commencement of this action, including service of the Notice and observance of any applicable cure period.

5. COUNT I — FORCIBLE ENTRY AND DETAINER / RESTITUTION OF PREMISES

5.1. Plaintiff incorporates paragraphs 2.1 through 4.5 above as though fully set forth herein.

5.2. Defendants' continued occupation of the Premises after expiration of the Notice period constitutes unlawful detention of the Premises within the meaning of Neb. Rev. Stat. § 25-21,219 and a violation of the URLTA.

5.3. Plaintiff has the immediate and superior right to possession of the Premises and is entitled to a writ of restitution under Neb. Rev. Stat. §§ 25-21,225 and 76-1442.

5.4. Plaintiff has not engaged in any conduct that would constitute self-help eviction prohibited by Neb. Rev. Stat. §§ 76-1430, 76-1436, or 76-1441.

5.5. Plaintiff is not bringing or maintaining this action in retaliation for any protected activity under Neb. Rev. Stat. § 76-1439.

5.6. Plaintiff is not seeking possession on the basis of any factor prohibited by the Nebraska Fair Housing Act (Neb. Rev. Stat. §§ 20-301 to 20-344) or the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.).

WHEREFORE, Plaintiff prays for the relief set forth in Section 8 below as to Count I.

6. COUNT II — UNPAID RENT AND DAMAGES

6.1. Plaintiff incorporates paragraphs 2.1 through 4.5 above as though fully set forth herein.

6.2. Defendants are jointly and severally liable to Plaintiff for unpaid rent under the Rental Agreement and the URLTA in the following amount as of the date of this Complaint:

6.3. Rent continues to accrue at the rate of $[____________] per [month / week] through the date possession is restored to Plaintiff.

6.4. Plaintiff is entitled to recover court costs and reasonable attorney fees as provided in [Rental Agreement ¶ ____] and/or by Nebraska law.

WHEREFORE, Plaintiff prays for the relief set forth in Section 8 below as to Count II.

7. COUNT III — HOLDOVER DAMAGES (IF APPLICABLE)

7.1. Plaintiff incorporates paragraphs 2.1 through 4.5 above as though fully set forth herein.

7.2. The Rental Agreement and/or periodic tenancy expired or was terminated on [__/__/____].

7.3. Defendants have remained in possession of the Premises after such expiration or termination without Plaintiff's consent, willfully and not in good faith.

7.4. Pursuant to Neb. Rev. Stat. § 76-1437, Plaintiff is entitled to recover an amount not more than three (3) months' periodic rent or threefold the actual damages sustained, whichever is greater, plus reasonable attorney fees.

WHEREFORE, Plaintiff prays for the relief set forth in Section 8 below as to Count III.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants as follows:

A. Restitution of the Premises — A judgment for restitution of the Premises and the issuance of a writ of restitution directing the Sheriff of [COUNTY] County to remove Defendants and all occupants and to restore possession of the Premises to Plaintiff;

B. Unpaid Rent and Damages — Judgment in the amount of unpaid rent, late fees, and other charges set forth in Count II, plus rent accruing through the date possession is restored;

C. Holdover Damages — If applicable, judgment under Neb. Rev. Stat. § 76-1437 for treble periodic rent or threefold actual damages, whichever is greater;

D. Court Costs — Plaintiff's costs of suit, including service fees and writ-of-restitution execution fees;

E. Attorney Fees — Reasonable attorney fees as permitted by the Rental Agreement and/or by Nebraska law;

F. Prejudgment and Post-Judgment Interest — At the rates set by Neb. Rev. Stat. §§ 45-103 and 45-103.02; and

G. Other Relief — Any other relief the Court deems just and equitable.

9. DEMAND FOR JURY TRIAL (CONDITIONAL)

To the extent this action presents any issue of fact triable by a jury under the Nebraska Constitution, art. I, § 6, and Neb. Rev. Stat. § 25-1109, Plaintiff conditionally demands a trial by jury.

10. VERIFICATION

STATE OF NEBRASKA )
) ss.
COUNTY OF [_____] )

I, [AFFIANT NAME], being first duly sworn upon oath, depose and state that I am [the Plaintiff / an authorized officer/agent of Plaintiff] in the foregoing action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Subscribed and sworn to before me this [____] day of [MONTH], [YEAR].

[NOTARY SEAL]

Notary Public: [________________________________]

My commission expires: [__/__/____]

11. SIGNATURE AND SERVICE BLOCK

Respectfully submitted this [____] day of [MONTH], [YEAR].

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], NSBA #[________]

[FIRM ADDRESS]

Telephone: [________________________________]

Email: [________________________________]

Attorneys for Plaintiff

12. EXHIBITS

• Exhibit A — Rental Agreement dated [__/__/____]
• Exhibit B — [7-Day / 30-Day / 5-Day] Notice and Proof of Service dated [__/__/____]
• Exhibit C — Rent Ledger / Statement of Account
• Exhibit D — Photographs / Documentation of Lease Violation (if Count I is based on cure-or-quit)
• Exhibit E — Any prior notices of similar breach (if § 76-1431(3) repeat-breach allegation)

13. NEBRASKA PRACTICE NOTES

• Trial setting. Trial is held not less than 10 nor more than 14 days after issuance of the summons (§ 25-21,223). The summons must be served within 3 days (excluding nonjudicial days) of issuance and is returnable within 5 days. Service is by sheriff or authorized civil process server.
• Bifurcation. Section 25-21,221.01 permits bifurcating the possession action from the damages claim, allowing a faster restitution determination while damages proceed on a normal track.
• Writ of restitution. Once entered, the writ must be executed within 10 days. The sheriff coordinates the move-out; the landlord typically must arrange storage of any abandoned personal property in compliance with Neb. Rev. Stat. § 69-2305 et seq. (disposition of abandoned property).
• Appeal and supersedeas. A defendant has thirty (30) days to appeal a county-court judgment to district court (Neb. Rev. Stat. § 25-2729). To stay the writ of restitution pending appeal, the defendant must comply with § 76-1447 — depositing an undertaking or cash bond and continuing to pay periodic rent into court. Confirm the precise appeal/supersedeas mechanics under current statute and Supreme Court rules.
• Jury trial issue. Recent Nebraska Supreme Court guidance has questioned mandatory bench trials in residential evictions. Both sides should preserve their jury position.
• Subsidized housing. When the tenancy is HUD-subsidized, comply with federal pre-suit notice requirements (24 C.F.R. Parts 247, 880, 882, 966, 982); failure is a complete defense.
• Mobile homes. Mobile-home park tenancies require a different complaint based on the Mobile Home Landlord and Tenant Act (§ 76-1450 et seq.), which has different notice and remedy provisions.
• Eviction-record sealing. Nebraska does not yet have a comprehensive automatic-sealing statute for eviction records. Confirm current law before advising on long-term record consequences.
• Self-help risk. Avoid any post-filing communication that could be characterized as lockout, utility shutoff, or harassment; these expose the landlord to three months' rent in liquidated damages plus fees under § 76-1430 / § 76-1436.

14. SOURCES AND REFERENCES

• Neb. Rev. Stat. §§ 25-21,219 to 25-21,235 (Forcible Entry and Detainer): https://nebraskalegislature.gov/laws/display_html.php?begin_section=25-21,219&end_section=25-21,235
• Neb. Rev. Stat. § 25-21,223 (Summons; service; trial date): https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,223
• Neb. Rev. Stat. § 76-1441 (Action for possession): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1441
• Neb. Rev. Stat. § 76-1442 (Writ of restitution): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1442
• Neb. Rev. Stat. § 76-1447 (Appeal; supersedeas; bond): https://nebraskalegislature.gov/laws/statutes.php?statute=76-1447
• Neb. Rev. Stat. §§ 76-1401 to 76-1449 (URLTA): https://nebraskalegislature.gov/laws/display_html.php?begin_section=76-1401&end_section=76-1449
• Neb. Ct. R. Pldg. § 6-1108 (General rules of pleading): https://supremecourt.nebraska.gov/court-rules/court-rules-pleadings-civil-actions
• Nebraska Real Estate Commission — URLTA reference: https://nrec.nebraska.gov/legal/landlordacttoc.html
• Nebraska Judicial Branch — Self-Help / Landlord: https://nebraskajudicial.gov/self-help/renterlandlord/landlord
• Lancaster County Sheriff — Eviction Process: https://www.lancaster.ne.gov/DocumentCenter/View/536/Eviction-Process-PDF
• Baird Holm — Nebraska Supreme Court on jury trial in residential evictions: https://www.bairdholm.com/blog/nebraska-supreme-court-mandatory-bench-trials-for-residential-evictions-may-violate-constitutional-jury-guarantee/