(1) The person seeking possession shall file a complaint for restitution with the clerk of the district or county court. The complaint shall contain (a) the specific statutory authority under which possession is sought; (b) the facts, with particularity, on which he or she seeks to recover; (c) a reasonably accurate description of the premises; and (d) the requisite compliance with the notice provisions of the Uniform Residential Landlord and Tenant Act. The complaint may notify the tenant that personal property remains on the premises and that it may be disposed of pursuant to section 69-2308 or subsection (5) of section 76-1414. The complaint may also contain other causes of action relating to the tenancy, but such causes of action shall be answered and tried separately, if requested by either party in writing.
(2) The person seeking possession pursuant to subsection (4) of section 76-1431 shall include in the complaint the incident or incidents giving rise to the suit for recovery of possession.
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 2001–2026 · leading case:
Blankenau v. Landess, 626 N.W.2d 588 (Neb. 2001).
Blankenau v. Landess, 626 N.W.2d 588 (Neb. 2001).
· cites it 7× “Blankenau filed a petition for restitution to recover possession of property from Jackie Landess pursuant to Neb. Rev. Stat. § 76-1441 (Reissue 1996).”
NP Dodge Mgmt. Co. v. Holcomb, 993 N.W.2d 105 (Neb. 2023).
· cites it 3× “Constitution, “the organic law of this territory,” or with statutes passed by - 765 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports NP DODGE MGMT. CO. V. HOLCOMB the Legislature.”
Johnson v. Vosberg, 6 N.W.3d 216 (Neb. 2024).
· cites it 3× “Section 76-1446 states: If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing…”
Saint Joseph Tower Assisted Living v. Royce, 30 N.W.3d 838 (Neb. 2026).
· cites it 6× “The court rejected Royce’s argument that Saint Joseph’s complaint should be dismissed because Saint Joseph failed to comply with § 76-1441(1)(a), which requires a complaint for restitution to contain “the specific statutory authority under which possession is sought.”
Neb. Rev. Stat. § 76-1441(1): 1 case
Johnson v. Vosberg, 6 N.W.3d 216 (Neb. 2024).
“Section 76-1446 states: If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing…”
Neb. Rev. Stat. § 76-1441(1)(a): 1 case
Saint Joseph Tower Assisted Living v. Royce, 30 N.W.3d 838 (Neb. 2026).
“The court rejected Royce’s argument that Saint Joseph’s complaint should be dismissed because Saint Joseph failed to comply with § 76-1441(1)(a), which requires a complaint for restitution to contain “the specific statutory authority under which possession is sought.”
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