Squatters' Rights in Nebraska
Nebraska rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual… Neb. Rev. Stat. §§ 25-21,219, 25-21,221
The rules in Nebraska
| Squatters / unauthorized occupants | No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. Notice section: https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,221. No 2024-2026 squatter bill was found enacted. |
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| Belongings left behind | Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. Abandonment of the unit is presumed after absence without notice for one full rental period or 30 days, whichever is less (§ 76-1432, https://nebraskalegislature.gov/laws/statutes.php?statute=76-1432). On a tenant's death, the landlord must try to contact a tenant-designated authorized person within 10 days, who then has 20 days to claim and 20 more to remove the property (§ 76-1414(5)). |
Related questions
Nebraska vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Nebraska | No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. Neb. Rev. Stat. §§ 25-21,219, 25-21,221 | Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. Neb. Rev. Stat. §§ 69-2301 to 69-2314 (esp. 69-2304, 69-2305, 69-2307, 69-2308) |
| Colorado | Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. The owner (or authorized agent) first demands that the occupants leave, then files a complaint and a sworn "Verified Motion for Order to Remove Unauthorized Persons" in county court. The motion must be served (in person or by posting) at least 24 hours before the hearing, and the court must hold the hearing by the next court day. If the court finds the occupants are unauthorized, it issues a temporary mandatory injunction and writ of restitution, and the sheriff must remove them within 24 hours of receiving the order and order them to stay off the property or face arrest for criminal trespass. Anyone who falsely swears on the motion can be sanctioned, held in contempt, or prosecuted for perjury or false swearing. If the motion is denied, the owner can still bring a regular eviction (forcible entry and detainer). C.R.S. §§ 13-40.1-101, 13-40.1-102; § 13-40-104(1)(a) | Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. C.R.S. §§ 13-40-122(2)-(4), (2.5); 38-20-102(3); 38-20-116(1)-(2) |
| Iowa | No special affidavit or police-removal statute. The owner uses the summary forcible entry and detainer (FED) action, which lies where the defendant entered the owner's prior actual possession 'by force, intimidation, fraud, or stealth' and keeps possession. For that ground, the 3-day written notice to quit otherwise required before filing is not required. Thirty days' peaceable possession with the plaintiff's knowledge after the cause of action accrues bars the FED action, so owners should act promptly. Iowa Code §648.1(1); §648.3(1); §648.18 | No statute — the residential landlord-tenant law (ch. 562A) has no procedure for belongings left in an apartment or house; §562A.29 covers only re-renting an abandoned unit, and the FED judgment/execution sections (§648.22) are silent on personal property. Iowa Code ch. 555B sets a removal, storage, sheriff-notice, and court abandonment process only for abandoned mobile homes and the owner's personal property in or around them. Iowa Code §562A.29; §648.22; ch. 555B (mobile homes) |
| Kansas | Removal of Squatters Act (2026). A squatter is someone occupying a dwelling who is not entitled to occupy it under a lease or rental agreement and lacks a tenant's authorization (periodic holdover tenants are excluded). The owner or agent posts a notice at the unit that the occupant has no right to stay and must vacate immediately (giving the address where the affidavit will be delivered), then delivers a notarized affidavit to the county law enforcement agency stating: affiant is the owner/agent; a person entered and remains unlawfully; the person was not authorized to enter; is not a tenant or holdover tenant; was asked to leave and has not; and is not the owner's immediate family member. After verifying ownership and at least 24 hours after receiving the affidavit, an officer serves a notice to vacate immediately (hand delivery or posting), may charge up to $50, and tries to identify all occupants. A knowingly false affidavit is a class A nonperson misdemeanor. A wrongfully removed person may sue the affiant for restored possession, actual costs and damages, punitive damages of three times the fair market rent, and attorney fees. Squatter occupancy is excluded from the Residential Landlord and Tenant Act, so no eviction case is required. K.S.A. 2026 Supp. 58-5401 to 58-5407 (2026 Kan. Sess. Laws ch. 56, HB 2378) | If the tenant abandons or surrenders the unit, or is removed by a forcible detainer judgment, and leaves personal property, the landlord may take possession and store it at the tenant's expense and may sell or dispose of it after 30 days, provided that at least 15 days before the sale the landlord publishes once in a county newspaper a notice of intent to sell/dispose, and within 7 days after publication mails a copy to the tenant's last known address. The notice must state the tenant's name, a brief description of the property, and the approximate sale/disposal date. Until sale, the tenant may redeem by paying the landlord's reasonable taking/holding/sale-prep costs and amounts owed. Proceeds go first to those expenses, then to amounts the tenant owes; the landlord may keep any balance. Abandonment may be presumed if the tenant is 10 days behind on rent and has removed a substantial portion of belongings, unless the tenant notifies otherwise. K.S.A. 58-2565(b), (d)-(f) |
| Missouri | Expedited court process (since 28 Aug 2024). The owner or an authorized agent files a verified petition in the county where the property is. The petition must state, among other things: the property includes a residential dwelling and was not open to the public when the occupants entered; the occupants are not guests, current or former tenants, or immediate family of the owner; the owner told them to leave and they refused; the property has not been leased to anyone for three consecutive months; and no related litigation is pending. On good cause the court must immediately issue an ex parte removal order, with a hearing within 48 hours of filing. The sheriff enforces the order and may stand by while the owner changes the locks and moves the occupants' belongings to or near the property line. Violating the order is a class A misdemeanor. A person removed without just cause may sue for restored possession, actual damages to personal property, $1,000 statutory damages, and court costs. RSMo 534.602, 534.604 (L. 2024 H.B. 2062) | After the tenant abandons the premises, the landlord may remove or dispose of property left behind without liability. The premises count as abandoned only if: (1) the landlord reasonably believes the tenant has moved out and does not intend to return; (2) rent has been due and unpaid for 30 days; (3) the landlord posts a written notice on the premises and mails it to the tenant's last known address by both first-class and certified mail (return receipt requested), using the statutory wording that the landlord may declare the property abandoned and dispose of the tenant's possessions unless the tenant responds in writing within 10 days; and (4) the tenant does not pay rent or respond in writing within 10 days after both the posting and the mailing. No storage period or sale procedure is required by the statute. RSMo 441.065 |
| South Dakota | No special squatter-removal statute. An owner removes a person who entered by force, intimidation, fraud or stealth (or who holds possession by force or threats) through a forcible entry and detainer (FED) court action in circuit or magistrate court; the defendant has 5 days after service to appear, and the court enters judgment for possession. SDCL 21-16-1(1)-(3); 21-16-3; 21-16-7; 21-16-10 | Property with a total reasonable value of $500 or less left on residential premises for 10 days after the tenant quits is presumed abandoned and the landlord may dispose of it. Property worth more than $500 must be stored by the landlord, who has a lien for handling and storage costs; after storing it for 30 days or more the landlord may treat it as abandoned and dispose of it. No notice to the tenant is required by statute. SDCL 43-32-25; 43-32-26 |
| Wyoming | Since the 2025 session (SF0006, 2025 Session Laws ch. 41), an owner or authorized agent may file a sworn complaint (under penalty of perjury, with a copy of government ID or agency papers) with county law enforcement asking for immediate removal of a person who unlawfully entered and remains in a residential dwelling, if there is no known pending litigation between them and the person is not a current or former tenant, a co-owner or person on title (absent title fraud), an immediate family member, or a cohabitant. After verifying the complainant is the record owner, law enforcement must without delay give notice to immediately vacate (hand delivery or posting on the front door), put the owner in possession, and may arrest for trespass or warrants; officers may stand by while locks are changed and belongings are moved to the property line. A wrongfully removed person may recover possession, actual damages, triple the fair rental value for the period of wrongful removal, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a misdemeanor (up to 6 months / $750); renting or selling property without authority is a felony (up to 2 years / $5,000). Wyo. Stat. 1-21-1401 to 1-21-1403; 6-5-309 | After lawfully regaining possession, the owner may immediately dispose of trash and property reasonably believed hazardous, perishable, or valueless; property left in the unit is presumed valueless and abandoned. Valuable property may be removed and stored; the owner must give written notice describing it and stating it will be disposed of 7 days after service unless the renter takes it or notifies the owner in writing of intent to take it. Notice is served by certified mail to an address the renter gave for this purpose, by personal service under W.R.C.P. 4, or by newspaper publication in the county. If the renter responds in writing, the owner holds it 7 more days; otherwise it is conclusively abandoned and may be kept or disposed of. The owner may charge reasonable or actual storage and removal costs before release and is not liable for loss in storage. Wyo. Stat. 1-21-1210 |
City rules that may add to state law
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- Free legal help in Nebraska
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Squatters' Rights in Nebraska FAQ
How do you remove a squatter in Nebraska?
No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. (Neb. Rev. Stat. §§ 25-21,219, 25-21,221)
What can a landlord do with a tenant's abandoned property in Nebraska?
Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. (Neb. Rev. Stat. §§ 69-2301 to 69-2314 (esp. 69-2304, 69-2305, 69-2307, 69-2308))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.