Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,234
Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.
Operative Text
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. Trial court had no obligation, under statute permitting correction of clerical mistakes in judgments, to set supersedeas bond pending borrower's appeal from order entered in forcible entry and detainer action, so as to prevent issuance of writ of restitution pending borrower's appeal from judgment entered in forcible entry and detainer action brought by lender who purchased property at trustees' sale after borrower defaulted on deed of trust; rather, it was borrower who should have posted supersedeas bond to prevent writ of restitution from being issued pending appeal. Enterprise Bank v. Knight, 20 Neb. App. 662, 832 N.W.2d 25 (2013).
Under Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,234, an appeal of a forcible entry and detainer judgment does not automatically pause enforcement of that judgment. To halt enforcement while an appeal proceeds, the appealing party must deposit a cash bond or approved surety with the court clerk within thirty days of the judgment. A defendant who appeals must also agree to pay reasonable rent for any period the premises are unlawfully withheld, while a plaintiff who appeals must agree to satisfy the final judgment and costs.
Plain English — not legal advice.
Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,234 means that a landlord who wins a forcible entry and detainer judgment is generally entitled to enforcement of that judgment unless the opposing party posts a qualifying supersedeas bond within thirty days. Compliant operators typically monitor whether a timely bond has been filed before assuming enforcement is stayed. If no bond is posted, a writ of restitution may proceed without waiting for the appeal to conclude.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,234 establishes that a tenant who wishes to remain in the premises while appealing a forcible entry and detainer judgment must post a cash bond or approved surety within thirty days of the judgment's entry. The bond must cover the final judgment, costs, and reasonable rent for any period the premises are withheld. Tenants facing this situation may wish to consult a tenant-rights organization or legal aid provider to understand the bond requirements and available enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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