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Committee debates LB980: jury-trial framework, waiver clauses and expedited eviction procedures
Summary
LB980 would prepare Nebraska for a court ruling that jury trials are available in possession (eviction) actions by allowing lease waivers, clarifying summons notices, enabling expedited summary judgment for undisputed cases, and permitting awards of costs to deter delay tactics.
Senator Carolyn Bosin and other sponsors told the Judiciary Committee LB980 responds to a potential Nebraska Supreme Court finding that a constitutional right to jury trial applies in eviction/possession cases. The bill would allow parties to waive jury trials in rental agreements, clarify summons language to inform tenants of rights and potential fee awards, add expedited procedures (including summary judgment) where facts are undisputed, and authorize courts to award reasonable attorneys' fees and court costs in jury-trial possession actions to discourage dilatory tactics.
Proponents, including large and small property-owner associations, argued the measure is a pragmatic response that preserves both constitutional rights and workable eviction procedures. They emphasized the cost and delay a jury trial could inflict on small landlords who rely on rental income to cover mortgages and taxes; proponents suggested a conspicuous waiver clause, initialing next to the waiver, and rental-deposit-in-court mechanisms if jury trials are demanded.
Opponents — tenant advocates, Legal Aid, Nebraska Appleseed, and community groups — warned the waiver provision risks becoming routine and effectively erasing a newly recognized constitutional protection for tenants because landlords could make waivers standard in their form leases. They urged stronger safeguards: conspicuous, separately signed waiver language; an option for the tenant to decline without automatic denial of tenancy; or removing the waiver provision while providing other procedural guardrails.
Neutral legal witnesses recommended targeted adjustments for HUD properties (HUD leases prohibit jury-trial waivers) and suggested procedural safeguards (clear notice text, font requirements, and initialing) to ensure any waiver is knowing and voluntary. Committee members signaled that technical amendments — including conspicuous waiver formatting, an opt-in/opt-out approach and HUD carve-outs — should be considered before advancing the bill.
