Neb. Rev. Stat. § 69-2302 — NE Code / Chapter 69 / Section 69-2302
View Statute 69-2302
Status: in_force

For purposes of the Disposition of Personal Property Landlord and Tenant Act:

(1) Landlord means the owner, lessor, or sublessor of furnished or unfurnished premises, including self-service storage units or facilities, for rent or his or her agent or successor in interest;

(2) Owner means one or more persons, jointly or severally, in whom is vested (a) all or part of the legal title to property or (b) all or part of the beneficial ownership and a right to present use and enjoyment of premises and shall include a mortgagee in possession;

(3) Premises means (a) a dwelling unit as defined in section 76-1410 or a distinct portion of a dwelling unit, the facilities and appurtenances in such dwelling unit, and the grounds, areas, and facilities held out for the use of tenants generally or the use of which is promised to the tenants or (b) self-service storage units or facilities;

(4) Reasonable belief means the knowledge or belief a prudent person should have without making an investigation, including any investigation of public records, except that when the landlord has specific information indicating that such an investigation would more probably than not reveal pertinent information and the cost of such an investigation would be reasonable in relation to the probable value of the personal property involved, reasonable belief shall include the actual knowledge or belief a prudent person would have if such investigation were made;

(5) Reasonable costs of storage includes:

(a) Reasonable costs actually incurred, the reasonable value of labor actually provided, or both in removing personal property from its original location on the vacated premises to the place of storage, including disassembly and transportation; and

(b) Reasonable storage costs actually incurred which shall not exceed the fair rental value of the space reasonably required for the storage of the personal property; and

(6) Tenant means a person entitled under a rental agreement to occupy any premises for rent or storage uses to the exclusion of others whether such premises are used as a dwelling unit or self-service storage unit or facility or not.

Laws 1991, LB 36, § 2;

Laws 1993, LB 617, § 1;

Laws 2019, LB264, § 1.

"Landlord," as defined under this section as the "owner, lessor, or sublessor of furnished or unfurnished premises, including self-service storage units or facilities," does not limit the application of the Disposition of Personal Property Landlord and Tenant Act to self-service storage units or facilities, but, rather, relates to the inclusion of those two types of facilities indicating a nonexclusive list of example applications. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

"Landlord," as defined under this section as the "owner, lessor, or sublessor of furnished or unfurnished premises, including self-service storage units or facilities," does not limit the application of the Disposition of Personal Property Landlord and Tenant Act to self-service storage units or facilities, but, rather, relates to the inclusion of those two types of facilities indicating a nonexclusive list of example applications. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

"Tenant," as defined under this section as a person entitled under a rental agreement to occupy any premises for rent or storage uses to the exclusion of others "whether such premises are used as a dwelling unit or self-service storage unit or facility or not," does not limit the application of the Disposition of Personal Property Landlord and Tenant Act to leases in nature of dwelling unit or self-service storage unit. Rather, the language "whether or not" indicates that it is not important which of the possibilities were true. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

"Tenant," as defined under this section as a person entitled under a rental agreement to occupy any premises for rent or storage uses to the exclusion of others "whether such premises are used as a dwelling unit or self-service storage unit or facility or not," does not limit the application of the Disposition of Personal Property Landlord and Tenant Act to leases in nature of dwelling unit or self-service storage unit. Rather, the language "whether or not" indicates that it is not important which of the possibilities were true. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

The definition of landlord under this section clearly includes agents under its scope. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).

The definition of landlord under this section clearly includes agents under its scope. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).