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Squatters and vacant property in Nebraska: what the law says

Nebraska routes this through a court, and it is faster than most: a three-day written notice, a written complaint, and a trial in county court set ten to fourteen days after the summons issues. Nobody is put out of a Nebraska house on anyone's sworn word alone — a judge enters the judgment and a sheriff, not the owner, carries out the removal. Being inside a building knowing you have no right to be there is a crime here, though whether an officer may arrest on the spot turns on conditions the statute spells out. Nebraska has no separate squatter statute: a bill to create one was introduced in 2025 and died in committee in April 2026. Every answer below is quoted from the statute it came from.

Every answer on this page is quoted from the statute it came from and linked to the source, so you can read the law yourself. Last checked against the statutes on 2026-07-14.

What to do now — this part is ours, not the law

There is no 30-day rule. Nobody becomes a tenant by standing in your house long enough — not in thirty days, not in ninety. They are not a tenant on day one and they are not a tenant on day ninety. What time does change is how hard they are to remove, and how much of your money it takes. That is a reason to move today, not a deadline you have already missed.

If someone is in the property right now

  1. Do not go in, and do not change the locks. It is the first thing everyone wants to do and it is how the owner becomes the defendant. Read that question above before you touch anything.
  2. Call the police non-emergency line. Ask them to look at it as a criminal trespass rather than a landlord–tenant dispute. Those are different outcomes and the words matter.
  3. Have your proof of ownership in your hand when they arrive — the deed, a recent tax bill, your ID. The officer's whole decision turns on whether he believes you own it.
  4. Photograph everything, and write down every date. When you last saw it empty. When you found them. What was said. Who you called, and when.
  5. Call a lawyer the same day. Not next week. The clock on every route above has already started.
The full checklist — what to record and what to ask →

If it has not happened yet

Everything on this page gets easier the earlier you do it. Photograph the property empty, keep the utility bills, and write down who is allowed inside — before you lock up and walk away. None of that is expensive. All of it is worth more than it looks at 2am.

The checklist for leaving a property vacant →

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.

Can I just change the locks?

Not on your own. Nebraska routes possession through a court — a judge signs the judgment and a sheriff, not you, carries out the removal. Every remedy in the possession statute belongs to a court, and nothing in it gives a private person power to do anything. The statute's whole subject is entry made by force, and a court can put back a person who was forced out — so if you do it yourself, the next case is against you, and it is not you who decides whether you were right.

Read the law — 3 provisions

Lawful in a handful of states, a crime in most. Getting this wrong turns the victim into the defendant.

1 · Neb. Rev. Stat. § 76-1430 — tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service

If the landlord unlawfully removes or excludes the tenant from the premises or willfully and wrongfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent as liquidated damages, and a reasonable attorney's fee.

A CLAIM ABOUT OUR OWN SEARCH, NOT ABOUT THE LAW: this section speaks of a LANDLORD and a TENANT, and § 76-1410(17) defines a tenant as a person entitled under a rental agreement. On 2026-07-14 we looked for a Nebraska appellate decision resolving whether it reaches a person who was never a tenant, and we did not find one we could fetch. The person who finds out which it is will be the defendant. DeedProof does not advise on this and never will.

Read it at the source →

2 · Neb. Rev. Stat. § 25-21,219 — forcible entry and detainer; jurisdiction

The district and county courts shall have jurisdiction over complaints of unlawful and forcible entry into lands and tenements and the detention of the same and of complaints against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same. If the court finds that an unlawful and forcible entry has been made and that the same lands or tenements are held by force or that the same, after a lawful entry, are held unlawfully, the court shall cause the party complaining to have restitution thereof.

Read what the statute is about and who acts in it. Its subject is entry made by FORCE, and every remedy in it is entered by a court. Nothing in the section gives a private person any power to do anything.

Read it at the source →

3 · Neb. Rev. Stat. § 25-21,231 — forcible entry and detainer; writ of execution; service

The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions.

The writ comes after the judgment (§ 25-21,226), and the person who executes it is an officer. These are the provisions, in order. We have drawn no conclusion from them.

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.

If police do act, what is the charge — and can they arrest for it?

Depends — the charge is there, the arrest is conditional. Being inside a building knowing you have no right to be is first degree criminal trespass, a Class I misdemeanor, which Nebraska punishes with up to a year in jail. But Nebraska does not let an officer arrest for a misdemeanor on reasonable cause alone: he needs one of four things as well, and one of them is that the offence happened in front of him.

Read the law — 4 provisions

A charge that only supports a citation does not remove anyone from a house. This is the link that killed the previous market.

1 · Neb. Rev. Stat. § 28-520(1) — criminal trespass, first degree

(1) A person commits first degree criminal trespass if: (a) He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or (b) He or she enters or remains in or on a public power infrastructure facility knowing that he or she does not have the consent of a person who has the right to give consent to be in or on the facility.

Nebraska's Supreme Court has read the word "knowing" here as a subjective standard focused on what the accused actually knew — see the Revisor's annotation to this section citing State v. Stanko, 304 Neb. 675, 936 N.W.2d 353 (2019). A person holding a lease they believe to be real is a different case from a person who knows they have none, and that is the officer's problem at the door.

Read it at the source →

2 · Neb. Rev. Stat. § 28-520(2) — grading

First degree criminal trespass is a Class I misdemeanor.

This is the link that killed the previous market elsewhere: an offence graded so low that an officer may only write a citation. What a Class I misdemeanor actually carries is not in this section — it is in § 28-106, which is the next link.

Read it at the source →

3 · Neb. Rev. Stat. § 28-106(1) — misdemeanors; classification of penalties

(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I misdemeanor........ Maximum — not more than one year imprisonment, or one thousand dollars fine, or both Minimum — none Class II misdemeanor....... Maximum — six months imprisonment, or one thousand dollars fine, or both Minimum — none

READ HOW THIS IS PRINTED. § 28-106(1) is a TABLE: the sentence above it, then one row per class. We reproduce the sentence and the first two rows exactly as the Legislature prints them, leader dots and all — a table has no punctuation, so it does not read as prose, and we have not added any to make it. The remaining five rows (Class III, IIIA, IV, V and W) are on the same page and carry lower maximums; a reader who wants to check that Class I is the top of the list should read all seven. We quote; we draw no conclusion.

Read it at the source →

4 · Neb. Rev. Stat. § 29-404.02(1) — arrest without warrant; when

Except as provided in section 26-119, a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed: (a) A felony; (b) A misdemeanor, and the officer has reasonable cause to believe that such person either (i) will not be apprehended unless immediately arrested, (ii) may cause injury to himself or herself or others or damage to property unless immediately arrested, (iii) may destroy or conceal evidence of the commission of such misdemeanor, or (iv) has committed a misdemeanor in the presence of the officer;

READ THE STRUCTURE, NOT THE HEADLINE. Nebraska gives a general warrantless-arrest power on reasonable cause for a FELONY. For a misdemeanor it does not: the officer needs reasonable cause AND one of the four things in (b). Whether a person found living in a vacant building has committed the offence "in the presence of the officer" — the offence being to enter or SECRETLY REMAIN — is the question the whole encounter turns on, and it is not ours to answer. These are the provisions, in order. We have drawn no conclusion from them.

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.

What decides whether police arrest or walk away?

Permission — whether the officer at the door believes the person inside had any. The crime turns on whether they were "licensed or privileged" to be there, and only an owner can license anyone. So the officer has to decide who the owner is, at the door, in the dark, and Nebraska gives him nothing to check either side against.

DeedProof solves this

We verify you own the property and file your notarized statement where police can check it. How it works →

Read the law — 2 provisions

Every other question here is downstream of this one. The whole encounter, in one decision, made in a doorway in the dark.

1 · Neb. Rev. Stat. § 28-520(1)(a) — the words the offence hinges on

He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so

A licence to be in a building comes from the person entitled to give one. So the officer cannot answer the permission question without also answering the ownership question, and the two are one gap looked at from two ends.

Read it at the source →

2 · Neb. Rev. Stat. § 25-21,222 — forcible entry and detainer; complaint; contents

The summons shall not issue until the plaintiff shall have filed his complaint in writing which shall particularly describe the premises so entered upon or detained, and shall set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention after a peaceable or lawful entry of the described premises.

A CLAIM ABOUT OUR OWN SEARCH, NOT ABOUT THE LAW: on 2026-07-14 we read Neb. Rev. Stat. §§ 25-21,219 through 25-21,235 in full, and §§ 28-520 and 28-521 in full, on the Nebraska Legislature's own server. We looked for any provision telling an officer, a judge, or a clerk how to establish that the person claiming to be the owner actually owns the building — a deed check, a register-of-deeds lookup, a registry, anything. We found no such provision. Note what § 25-21,220(5) makes the plaintiff's element — that the complainant "has the right of possession" — and note that this section asks for a written complaint, not a sworn one. Confirm against the official code before relying on it.

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.

What is the lawful way to get them out?

A three-day written notice, then a possession case in county court — the trial is set ten to fourteen days after the summons goes out. A judge signs the judgment and a sheriff, not you, carries it out: once he has the court's order in hand he has ten days to put you back in possession.

Read the law — 3 provisions

The route sets the real cost. A summary track is weeks; a full civil suit is months.

1 · Neb. Rev. Stat. § 25-21,221 — notice to leave premises; when and how served

It shall be the duty of the party, desiring to commence an action under sections 25-21,219 to 25-21,235, to notify the adverse party to leave the premises for the possession of which the action is about to be brought. This notice shall be served at least three days before commencing the action by leaving a written copy with such adverse party, or at his usual place of abode, if he cannot be found. Where the defendant or his usual place of abode cannot be found in the county where the premises are located, such notice may be served by leaving such notice at or posting it on the detained premises.

The Revisor's annotation to this section records that the three-day notice is necessary to obtaining an order of restitution — I. P. Homeowners v. Morrow, 12 Neb. App. 119, 668 N.W.2d 515 (2003).

Read it at the source →

2 · Neb. Rev. Stat. § 25-21,223 — summons; service; trial date

Trial of the action for possession shall be held not less than ten nor more than fourteen days after the date of issuance of the summons.

Read it at the source →

3 · Neb. Rev. Stat. § 25-21,226 — trial without jury; judgment; restitution; costs

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.

Read the opening clause: this is the bench-trial path, and it applies "if neither party demands a jury." § 25-21,227 gives either party the jury. And a continuance is capped at seven days unless the defendant shows extraordinary cause and posts an undertaking (§ 25-21,225).

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.

How long does it take, and what does it cost?

Months, once they fight you — and in Nebraska the fight may not even belong in this court. The fast track is ten to fourteen days to a trial, but that is the branch that does not happen when someone hands the officer a lease. If they produce one, Nebraska's quick possession court may be the wrong court altogether: the annotations printed under the statute say a case that turns on a dispute over who really owns or holds the property has to be dismissed, which means starting again somewhere slower — and then there is the appeal. What that costs you is a lawyer and months of an empty building; we print no dollar figure, because Nebraska's court fees are not in the statute and we will not publish a number we did not read. This is why what the officer believes on the first night matters so much.

Read the law — 3 provisions

The two numbers every owner wants, and the one nobody warns them about: you do not get it back.

1 · Neb. Rev. Stat. § 25-21,223 — the ten-to-fourteen-day trial date

Trial of the action for possession shall be held not less than ten nor more than fourteen days after the date of issuance of the summons.

This is the UNCONTESTED clock, and it is the branch that does not happen to the person reading this page. NO DOLLAR FIGURE APPEARS ON THIS PAGE, and that is deliberate: Nebraska court filing fees and sheriff service fees are set outside these sections, and every fee figure on this site appears verbatim in a document we fetched or it does not appear.

Read it at the source →

2 · Revisor's annotations to Neb. Rev. Stat. § 25-21,219 — Woodsonia Hwy 281 v. American Multi-Cinema, 318 Neb. 592, 17 N.W.3d 780 (2025); Federal Nat. Mortgage Assn. v. Marcuzzo, 289 Neb. 301, 854 N.W.2d 774 (2014) · secondhand source

The purpose of a forcible entry and detainer action is not to determine either the actual ownership of the property or the legal right to its possession. Woodsonia Hwy 281 v. American Multi-Cinema, 318 Neb. 592, 17 N.W.3d 780 (2025). … If the resolution of a forcible entry and detainer action requires a court to determine a title dispute, the court must dismiss the case for lack of jurisdiction. Federal Nat. Mortgage Assn. v. Marcuzzo, 289 Neb. 301, 854 N.W.2d 774 (2014).

SECONDARY, AND THE LABEL IS DOING WORK: these are the Revisor's ANNOTATIONS printed under the statute on the Legislature's own site — the Revisor's summary of two opinions, not the opinions themselves. We quote the annotations verbatim and we do not put words in the court's mouth. The ellipsis joins two separate annotations under the same section. Read them beside a third annotation printed under § 25-21,220: "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)." These are the provisions and the annotations, in order. We have drawn no conclusion from them, and a Nebraska lawyer should read the opinions.

Read it at the source →

3 · Neb. Rev. Stat. § 25-21,234 — appeal; operate as supersedeas, when; bond required

No appeal shall operate as a supersedeas unless the appellant, within thirty days after the entry of the judgment, deposits with the clerk of the court in which the judgment was entered a cash bond or undertaking with at least one good and sufficient surety approved by the court conditioned in case of appeal by the plaintiff that he or she will satisfy the final judgment and costs and, in case of appeal by the defendant, that he or she will satisfy the final judgment and costs and will pay a reasonable rent for the premises during the time he or she shall have unlawfully withheld the same.

Read what the bond does and does not do. Without it, the appeal does not stop the removal; with it, the appellant must also cover a reasonable rent for the period withheld. And § 25-21,235 lets the court enforce the restitution judgment anyway, in its discretion, on the plaintiff posting a bond of its own.

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.

Can a sheriff remove them on the owner's affidavit alone, with no court?

No — a judge signs first, and a sheriff carries out what the judge signs. Nebraska restores possession by court judgment, and we found no route in the possession article that lets anyone be put out of a building on the owner's sworn word alone. A bill to give owners a faster route died in committee in 2026, and even that one was not a sheriff-on-affidavit law.

Read the law — 3 provisions

Where a state has passed this, it hands the owner the whole mechanism for free. This field tracks the existential risk.

1 · Neb. Rev. Stat. § 25-21,219 — the court restores possession

If the court finds that an unlawful and forcible entry has been made and that the same lands or tenements are held by force or that the same, after a lawful entry, are held unlawfully, the court shall cause the party complaining to have restitution thereof.

A CLAIM ABOUT OUR OWN SEARCH, NOT ABOUT THE LAW: on 2026-07-14 we read Neb. Rev. Stat. §§ 25-21,219 through 25-21,235 in full on the Legislature's own server, looking for any provision letting a sheriff or a police officer remove an occupant on the owner's sworn statement with no judgment. We found no such provision. This section is the answer we did find: the court restores possession. Confirm against the official code before relying on it.

Read it at the source →

2 · Nebraska Legislature, bill record for LB443 (109th Leg.), read 2026-07-14

LB443 - Create the offense of unlawful squatting and provide a penalty

VERIFY THE SUBJECT MATTER, NEVER THE NUMBER. Search results and syndicated articles name Nebraska's squatter bill "LB 433" and say it passed a first round. LB433 of the same Legislature is Sorrentino's bill on the State Personnel System and the State Employees Retirement Act, and it has nothing to do with squatters. The squatter bill is LB443, introduced by von Gillern on 2025-01-21. STATUS, from the Legislature's own bill record on 2026-07-14, in order: "Date of introduction" 2025-01-21; "Referred to Judiciary Committee" 2025-01-23; "Notice of hearing for March 05, 2025"; "Title printed. Carryover bill" 2026-01-07; "Indefinitely postponed" 2026-04-17. No stage after committee referral is recorded.

Read it at the source →

3 · LB443 (109th Leg., 1st Sess.), introduced text, § 2(2)–(4) — as introduced 2025-01-21

(2) If a law enforcement officer has probable cause to believe a person has committed unlawful squatting, the officer shall issue such person a warning citation. … (3) The warning citation shall advise the recipient that within three business days after receiving such warning citation, the recipient shall appear in person before a designee of the officer's law enforcement agency and present properly executed documentation authorizing the recipient to reside on such land or premises. Proper documentation includes, but is not limited to, a deed or title to the land or premises, a properly executed rental agreement or other agreement, or proof of rental payments. … (4) If such person fails to appear and provide documentation as provided in subsection (3) of this section or if such documentation is not authentic or does not authorize such residency, such person shall be subject to arrest for unlawful squatting and upon conviction shall be guilty of a Class I misdemeanor.

Quoted from the introduced text on the Legislature's own server. The first ellipsis drops the two examples of probable cause in (2)(a)–(b); the second drops a sentence in (3) allowing photographic or electronic copies. This is a CITATION bill of the Georgia kind — the officer writes a ticket, and the arrest comes only if the occupant cannot produce paper. It is not law: it was indefinitely postponed on 2026-04-17. Secondary reports describe a later amendment adding a sworn affidavit to a sheriff; we did not fetch any amendment text and we do not repeat that here.

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.

How long before they can claim they own it?

Ten years — and note who Nebraska writes the deadline against: YOU. Your lawsuit to get the property back has to be brought within ten years. But time alone does not do it for them. Nebraska courts make an occupier prove they held the place openly, continuously, and as if it were their own, for the entire ten years. A stranger hiding in an empty house is not doing that.

Read the law — 2 provisions

The thing an owner of an empty building actually fears. Pure state statute.

1 · Neb. Rev. Stat. § 25-202(1) — actions for the recovery of title or possession of real estate

An action for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages or the foreclosure of deeds of trust as mortgages thereon, can only be brought within ten years after the cause of action accrues.

The section goes on to remove the limitation entirely for public roads, streets, alleys and other public grounds. The statute states the ten years and nothing else — the elements the occupier must prove are judicial, and they are the next link.

Read it at the source →

2 · Revisor's annotation to Neb. Rev. Stat. § 25-202 — Lewis v. Poduska, 240 Neb. 312, 481 N.W.2d 898 (1992) · secondhand source

One who claims title by adverse possession must prove by a preponderance of the evidence that he or she has been in actual, continuous, exclusive, notorious, and adverse possession under a claim of ownership for the full 10-year period mandated by this section. A claim in the nature of a life estate is not a "claim of ownership" within the meaning of the adverse possession doctrine. Lewis v. Poduska, 240 Neb. 312, 481 N.W.2d 898 (1992).

SECONDARY, AND THE LABEL IS DOING WORK: this is the Revisor's ANNOTATION printed under § 25-202 on the Legislature's own site — the Revisor's summary of an opinion, not the opinion. We quote it verbatim rather than paraphrasing a court. Read the words rather than the years: the clock does not start because a building sat empty. Ask a Nebraska lawyer what these elements demand.

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.

This page is the law. What it costs you in Nebraska — the filing fee, the sheriff’s bill, the months, and whether you ever see the money again.

Your deed proves you own it. It does not prove you never rented it.

That is the officer’s real question, and the lease in their hand does not contradict your deed. You can swear it is a forgery — but a statement you write the morning after, against a lease dated last year, is worth very little. The version that counts has to already exist.

How DeedProof verifies owners and files the affidavit in advance →

› Every source on this page (16)

DeedProof is not a law firm and this page is not legal advice. We cite primary sources; we do not interpret them for your situation. Laws change — confirm current requirements with the relevant government office or a licensed attorney.