Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,235
Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.
Operative Text
In all actions of forcible entry and detention as well as of forcible detention only, notwithstanding the execution of an undertaking or filing of a proper cash bond for supersedeas or appeal, the judgment for restitution of the premises may be enforced, in the discretion of the court, or a judge thereof in vacation, upon the execution of a bond with sufficient surety, to defendant, or the deposit of a cash bond in such sum as the court shall fix, conditioned that in case the plaintiff shall finally be defeated he will pay the defendant his costs and all damages he may have suffered by reason of the execution of the judgment, the bond to be approved by the court or judge.
Under Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,235, a court that has issued a judgment for restitution of premises in a forcible entry and detainer case retains discretion to enforce that judgment even while an appeal or supersedeas bond is pending. To do so, the court may require the party seeking enforcement to post a bond or cash deposit sufficient to cover the opposing party's costs and any damages if the enforcing party ultimately loses the case. This mechanism balances the winning party's interest in regaining possession against the appealing party's right to be made whole if the judgment is later reversed.
Plain English — not legal advice.
Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,235 means that a landlord who has obtained a restitution judgment in a forcible entry and detainer action may ask the court to enforce that judgment even if the tenant has filed an appeal or supersedeas bond. Compliant operators who pursue this remedy are generally prepared to post a court-approved surety bond or cash deposit covering potential costs and damages owed to the tenant should the landlord ultimately not prevail on appeal. Understanding this bond requirement helps property owners plan for the financial obligations that accompany a request for immediate enforcement during a pending appeal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Neb. Rev. Stat. § 25-21,219 et seq. § 25-21,235, a tenant who has filed an appeal or supersedeas bond should be aware that the court still has discretion to allow the landlord to enforce a restitution judgment during that appeal. If the court permits early enforcement, the landlord must post a bond or cash deposit to protect the tenant against costs and damages in the event the landlord's case is ultimately defeated. Tenants facing this situation may wish to consult a tenant-rights organization or legal aid provider to understand what protections the required bond provides and what remedies may be available if the judgment is later reversed.
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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