Remedies of Lessee in Nebraska When Demised Premised Are in Possession of a Wrongful Occupier

Normally a lessee encounters few if any legal difficulties in gaining possession of the leased premises on the date his term begins. If, however, a prior tenant or other person in possession prevents the lessee from taking possession, the latter must bring an action against either the lessor or the occupier to obtain relief. The purpose of this article is to examine the remedies available in Nebraska to the lessee who seeks (1) to obtain possession of the demised premises and (2) to obtain damages for the time he was denied possession. I. Remedies To Gain Possession … A. Ejectment … B. Forcible Entry and Detainer … C. Injunction II. Damages for Loss of Possession … A. Against the Lessor … B. Damages against the Occupier … (1) Trespass … (2) Trespass for Mesne Profits … (3) Interference with Right of Contract Conclusion