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Nebraska Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

Category:
Criminal - Complaints
State:
Multi-State
Control #:
US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

(3) The court may order that restitution be made immediately, in specified installments, or within a specified period of time not to exceed five years after the date of judgment or defendant's final release date from imprisonment, whichever is later.

Quiet Enjoyment: Tenants should not behave nor allow any person to behave in such a manner that disturbs the peaceful enjoyment of other tenants (N.R.S. § 76-1421(7)).

Legal eviction in Nebraska must be accomplished through a civil court lawsuit of forcible entry and detainer filed by the plaintiff/landlord versus the tenant that is to be evicted.

Nebraska Eviction Timeline Notice Received by TenantsAverage TimelineIssuing an Official Notice7 days to 30 daysIssuing and Serving of Summons and Complaint3 daysCourt Hearing and Judgment + Issuance of Writ of Restitution10-14 daysReturn of Rental Property10 days

Forms and Filing file a Notice of Appeal (CC ) with the clerk of the county court; pay the clerk of the county court the docket fee for filing cases in the district court; file a Request for Transcript(CC ) and. file a Request for Bill of Exceptions(CC ) Neb.

Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.

Your landlord cannot increase your rent during the initial term of the rental agreement. After a year-long rental agreement ends, it is common for the agreement to become a month-to- month rental agreement.

A petitioner in error must, within one calendar month after judgment is announced under the law and facts by an inferior tribunal, file his petition with a transcript containing the final judgment sought to be reversed. Marcotte v. City of Omaha, 196 Neb. 217, 241 N.W.

Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway. (1) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

With the consent of the parties, the court may order restitution for the actual physical injury or property damage or loss sustained by the victim of an uncharged offense or an offense dismissed pursuant to plea negotiations.

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