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LB 235

Change deadlines for trials for actions for possession and execution of writs of restitution under the Uniform Residential Landlord and Tenant Act

109th Legislature (2025-2026) Introduced by Danielle Conrad

LB 235 lets courts extend eviction possession trials beyond 14 days with a court order, and allows speedier writs only for true safety threats or mutual agreement.

Title printed. Carryover bill
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Bill Summary · LB 235

Legislative Summary: LB 235 (2025) – Uniform Residential Landlord and Tenant Act

Overview

LB 235 is a DeBoer priority bill introduced in the Nebraska Legislature (One Hundred Ninth Legislature, First Session) on January 14, 2025. Sponsored by Senator Danielle Conrad, with the Judiciary Committee chaired by Senator Carolyn Bosn, the bill amends provisions of the Uniform Residential Landlord and Tenant Act to adjust timelines for eviction-related proceedings and writs of restitution.

Main purpose: To modify the timing of trials for possession actions and the timing of writs of restitution in eviction cases, balancing tenants’ rights with landlords’ ability to recover possession, including safety-based exceptions for faster writ execution.

Key Provisions

  • Section amended: 76-1446, Reissue Revised Statutes of Nebraska (to repeal the original section and replace with updated language).

  • Trials for possession actions:

    • Current rule (as retained by the bill): Trial must be held not less than 10 days and not more than 14 days after issuance of the summons, with possible additional time only by court order.
    • Change under LB 235: Allows additional time for a possession trial beyond the 14-day window if granted by court order (i.e., extend the time beyond the current 14-day maximum, upon the court’s permission).

  • Writ of restitution:

    • Current rule: If judgment is for restitution, the court issues a writ directing the constable or sheriff to restore possession on a specified date not less than 10 days after issuance of the writ. The court may order execution on a date less than 10 days after issuance only in two circumstances: (a) true and imminent threat to safety, or (b) informed and express agreement of the parties.
    • Change under LB 235: The bill maintains the minimum 10-day waiting period unless a true and imminent threat is shown or there is an explicit agreement between the parties, in which case execution can occur sooner than 10 days after issuance.

  • Compliance with related property removal provisions: The plaintiff must follow the Disposition of Personal Property Landlord and Tenant Act and related sections when removing personal property after possession is restored.

Affected Parties

  • Tenants facing eviction and their counsel.
  • Landlords and their agents/attorneys.
  • Local law enforcement (sheriff/constable) responsible for executing writs.
  • Property management and rental property operators.

Procedural and Timeline Considerations

  • Status: Introduced January 14, 2025; DeBoer priority bill; referred to Judiciary (January 16) with a hearing notice for January 30, 2025; primary sponsor Senator Danielle Conrad.
  • Effective date: Not specified in the text provided; would require enactment and publication in the Revised Statutes.
  • Relationship to URLTA: Directly amends the timing provisions within the Uniform Residential Landlord and Tenant Act (Nebraska statutes, section 76-1446).

Potential Implications

  • For possession trials: Allowing longer extension beyond 14 days could delay evictions, potentially affecting landlords’ timelines and decisions to pursue actions.
  • For writs of restitution: Allowing earlier execution in cases of clear safety threats or mutual agreement could expedite removals in urgent situations.
  • Safety and due process balance: The bill emphasizes safety/time-sensitive scenarios while preserving procedural safeguards.

If you’d like, I can add a comparison with the current statute text side-by-side or summarize any fiscal impact analyses or committee amendments if they become available.

Compiled from official sources — confirm details with the bill’s official record.

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