Martens v. BB's Childcare, LLC (Commercial Lease-to-Own Jurisdiction Ruling)
The Nebraska Supreme Court held on May 8, 2026 that a commercial landlord's forcible entry and detainer action against a childcare-business tenant should have been dismissed for lack of subject matter jurisdiction, because the parties' commercial lease -- which granted the tenant purchase options, rent credits toward a purchase price, and a right of first refusal -- created an equitable interest in the property that made the dispute one over title, not mere possession.
Why it matters
A significant guardrail for Nebraska commercial landlords who use lease-purchase or lease-to-own structures: once a commercial lease's option-to-purchase and rent-credit terms give the tenant an equitable stake in the real estate, county courts lose jurisdiction to resolve a rent dispute through the fast, summary forcible entry and detainer process, forcing landlords into full district court litigation over title and equitable rights instead. Owners drafting build-to-suit or lease-to-own commercial leases should weigh that trade-off against the option's leasing incentive before including it.
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