Is a squatter a tenant — and what rights do they have?
No. A tenant in Nebraska is someone holding a rental agreement with you. The possession statute has its own separate paragraph for a person squatting on land with no claim to it at all — the law treats them as two different people, and the person in your building gets none of a tenant's protections.
›Read the law — 2 provisions
If a trespasser counts as a tenant, the owner is routed into housing court and every fast option closes.
1 · Neb. Rev. Stat. § 76-1410(17), (14) — Uniform Residential Landlord and Tenant Act, terms defined
“(14) Rental agreement means all agreements, written or oral, between a landlord and tenant, and valid rules and regulations adopted under section 76-1422 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. … (17) Tenant means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.”
The ellipsis skips paragraphs (15) and (16), which define "roomer" and "single-family residence" and are not about this. Read the definition against the document in the intruder's hand: a rental agreement is exactly what a forged lease is pretending to be, and nothing in the definition tells anyone how to tell a real one from a fake.
Read it at the source →2 · Neb. Rev. Stat. § 25-21,220 — forcible entry and detainer; against whom proceedings may be had
“Proceedings under sections 25-21,219 to 25-21,235 may be had: (1) In all cases against tenants holding over their terms … (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.”
The ellipsis skips paragraphs (2) through (4), which cover a tenant who threatens health or safety and possession after judicial and probate sales. Note that paragraph (1) is written about tenants and paragraph (5) is not — the statute keeps them apart. Note also what paragraph (5) makes the plaintiff's element: that the complainant "has the right of possession." Who establishes that, and how, is the next question but one.
Read it at the source →These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.