(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).”
Johnson v. Vosberg, 316 Neb. 658 (Neb. 2024).
· cites it 3× “Section 76-1441(1) describes that “[t]he 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.”
Saint Joseph Tower Assisted Living v. Royce, 320 Neb. 830 (Neb. 2026).
· cites it 6× “§ 76-1421 and § 76-1441.” County Court’s Order After a trial, the county court filed an order on April 10, 2024, ruling in favor of Saint Joseph on its complaint for restitution.”
— Neb. Rev. Stat. § 76-1441(1) — 1 case
Johnson v. Vosberg, 316 Neb. 658 (Neb. 2024).
“Section 76-1441(1) describes that “[t]he 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.”
— Neb. Rev. Stat. § 76-1441(1)(a) — 1 case
Saint Joseph Tower Assisted Living v. Royce, 320 Neb. 830 (Neb. 2026).
“§ 76-1421 and § 76-1441.” County Court’s Order After a trial, the county court filed an order on April 10, 2024, ruling in favor of Saint Joseph on its complaint for restitution.”
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