25-21,220 Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive. - Nebraska Statutes

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25-21,220. Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.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 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;(3) 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(4) 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 section 25-21,219. SourceLaws 1929, c. 82, § 118, p. 309; C.S.1929, § 22-1202; R.S.1943, § 26-1,119; Laws 1972, LB 1032, § 69; R.S.1943, (1985), § 24-569; Laws 2000, LB 921, § 23. AnnotationsAn 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).

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-21_220

25-21,220. Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.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 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;(3) 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(4) 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 section 25-21,219. SourceLaws 1929, c. 82, § 118, p. 309; C.S.1929, § 22-1202; R.S.1943, § 26-1,119; Laws 1972, LB 1032, § 69; R.S.1943, (1985), § 24-569; Laws 2000, LB 921, § 23. AnnotationsAn 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).

State Codes and Statutes

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State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-21_220

25-21,220. Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.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 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;(3) 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(4) 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 section 25-21,219. SourceLaws 1929, c. 82, § 118, p. 309; C.S.1929, § 22-1202; R.S.1943, § 26-1,119; Laws 1972, LB 1032, § 69; R.S.1943, (1985), § 24-569; Laws 2000, LB 921, § 23. AnnotationsAn 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).