reglab/housing_qa huggingface dataset:
NE Code § 69-2108 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2108 - Agreement; contents.

69-2108.  Agreement; contents.Each consumer rental purchase agreement shall:(1) Provide that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property upon expiration of any lease term; and(2) Contain a provision for reinstatement which shall include, but not be limited to:(a) Permitting a consumer who fails to make a timely lease payment to reinstate the agreement without losing any rights or options which exist under the agreement by the payment of all past-due lease charges, the reasonable costs of pickup, redelivery, and any refurbishing, and any applicable late fee within five business days of the renewal date of the agreement if the consumer pays monthly or within three business days of the renewal date of the agreement if the consumer pays more frequently than monthly; and(b) Permitting the consumer to reinstate the agreement during a period of not less than thirty days after the date of the return of the property if the consumer promptly returns or voluntarily surrenders the property upon request by the lessor or its agent. In the event the consumer has paid not less than sixty percent and not more than eighty percent of the total of payments to acquire ownership, the reinstatement period shall be extended to a total of ninety days after the date of the return of the property. In the event the consumer has paid eighty percent or more of the total of payments to acquire ownership, the reinstatement period shall be extended to a total of one hundred eighty days after the date of the return of the property.Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.Source   Laws 1989, LB 681, § 8;  Laws 2001, LB 641, § 4.
NE Code § 69-2109 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2109 - Lessor; prohibited acts.

69-2109.  Lessor; prohibited acts.A lessor shall not:(1) Charge a penalty for early termination of a consumer rental purchase agreement or for the return of an item at any point except for those charges authorized by section 69-2110;(2) Require payment by a cosigner of the consumer rental purchase agreement of any fees or charges which could not be imposed upon the consumer as part of the consumer rental purchase agreement;(3) Require payment of any charges unless specifically authorized by subsection (1) of section 69-2110; or(4) Increase the lease payment or the total of payments to acquire ownership as a result of a consumer's declining to purchase liability damage waiver.Source   Laws 1989, LB 681, § 9;   Laws 1993, LB 111, § 3;  Laws 2001, LB 641, § 5.
NE Code § 69-2111 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2111 - Renegotiation; when; extension; effect.

69-2111.  Renegotiation; when; extension; effect.(1) A renegotiation shall be deemed to occur when an existing consumer rental purchase agreement is satisfied and replaced by a new agreement undertaken by the same consumer. A renegotiation shall be considered a new agreement requiring new disclosures. Renegotiation shall not include:(a) The addition or return of property in a multiple-item agreement or the substitution of leased property if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent;(b) Deferral or extension of one or more periodic payments or portions of a periodic payment;(c) A reduction in charges in the agreement;(d) An agreement involving a court proceeding; and(e) Any other event described in rules and regulations adopted and promulgated by the department.(2) No disclosures shall be required for any extension of a consumer rental purchase agreement.Source  Laws 1989, LB 681, § 11.
NE Code § 69-2112 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2112 - Advertisement; requirements.

69-2112.  Advertisement; requirements.(1) Any advertisement for a consumer rental purchase agreement which refers to or states the amount of any payment or the right to acquire ownership for any specific item shall also state clearly and conspicuously the following if applicable:(a) That the transaction advertised is a consumer rental purchase agreement;(b) The total of payments to acquire ownership; and(c) That the consumer acquires no ownership rights until the total of payments to acquire ownership is paid.(2) Any owner or employee of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.(3) Subsection (1) of this section shall not apply to an advertisement which does not refer to a specific item of property, which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or any similar directory of business.(4) With respect to matters specifically governed by the federal Consumer Credit Protection Act, 15 U.S.C. 1601 et seq., as such act existed on January 1, 2021, compliance with such act shall satisfy the requirements of this section.Source   Laws 1989, LB 681, § 12;  Laws 2001, LB 641, § 7;  Laws 2011, LB76, § 8;  Laws 2016, LB761, § 3;  Laws 2019, LB259, § 11;  Laws 2020, LB909, § 51;  Laws 2021, LB363, § 32.   Effective Date: March 18, 2021
NE Code § 69-2113 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2113 - Lessor; liability; offset, not permitted; lessor; preserve evidence.

69-2113.  Lessor; liability; offset, not permitted; lessor; preserve evidence.(1) A lessor who fails to comply with the requirements of sections 69-2104 to 69-2110 with respect to a consumer shall be liable to the consumer for:(a) The greater of the actual damages sustained by the consumer as a result of the violation or, in the case of an individual action, twenty-five percent of the total of payments to acquire ownership but not less than one hundred dollars nor more than one thousand dollars; and(b) The costs of the action and reasonable attorney's fees.(2) In the case of an advertisement, any lessor who fails to comply with the requirements of section 69-2112 with regard to any person shall be liable to that person for actual damages suffered from the violation, the costs of the action, and reasonable attorney's fees.(3) When there is more than one lessor, liability shall be imposed only on the lessor who made the disclosures. When no disclosures have been made, liability shall be imposed jointly and severally on all lessors.(4) When there is more than one consumer, there shall be only one recovery of damages under subsection (1) of this section for a violation of the Consumer Rental Purchase Agreement Act.(5) Multiple violations in connection with a single consumer rental purchase agreement shall entitle the consumer to a single recovery under this section.(6) A consumer shall not take any action to offset any amount for which a lessor is potentially liable under subsection (1) of this section against any amount owed by the consumer unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action to which the lessor was a party. This subsection shall not bar a consumer then in default on the obligation from asserting a violation of the act as an original action or as a defense or counterclaim to an action brought by the lessor to collect an amount owed by the consumer.(7) In connection with any transaction covered under the act, the lessor shall preserve evidence of compliance with the provisions of the act for not less than two years from the date of consummation of the agreement.Source   Laws 1989, LB 681, § 13;   Laws 1990, LB 1217, § 1;  Laws 2001, LB 641, § 8.
NE Code § 69-2114 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2114 - Actions; statute of limitations.

69-2114.  Actions; statute of limitations.An action under the Consumer Rental Purchase Agreement Act may be brought in any court of competent jurisdiction within one year of the date of the occurrence of any violation or within six months of the time the consumer rental purchase agreement and any renewal or extension of the agreement cease to be in effect, whichever occurs later. Notwithstanding the provisions of this section, an action under the act may be maintained by way of recoupment or counterclaim in an action brought against the consumer by the lessor or the lessor's assignee.Source  Laws 1989, LB 681, § 14.
NE Code § 69-2115 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2115 - Lessor; not liable; when.

69-2115.  Lessor; not liable; when.(1) A lessor shall not be liable for a violation under section 69-2113 if the lessor proves by a preponderance of the evidence that the violation was not intentional, that the violation resulted from a bona fide error, and that the lessor maintained procedures reasonably adapted to avoid such an error. A bona fide error shall include, but not be limited to, clerical, calculation, computer malfunction and programming, and printing errors. An error of legal judgment with respect to requirements of the Consumer Rental Purchase Agreement Act shall not be considered a bona fide error.(2) A lessor shall not be liable under the act for any act done or omitted in good faith in conformity with any rule, regulation, or interpretation issued, adopted, or promulgated by the Attorney General, by the department, or by an official duly authorized by the Attorney General or the department even if after the act or omission has occurred the rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.(3) With respect to the dollar amount of any disclosure required by the act, a lessor shall not be liable if the dollar amount actually disclosed is greater than the dollar amount required to be disclosed by the act.Source   Laws 1989, LB 681, § 15;  Laws 2001, LB 641, § 9.
NE Code § 69-2116 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2116 - Director of Banking and Finance; investigations; other proceedings; powers.

69-2116.  Director of Banking and Finance; investigations; other proceedings; powers.(1)(a) The Director of Banking and Finance in his or her discretion may make such investigations within or without this state as he or she deems necessary to determine whether any person has violated or is about to violate the Consumer Rental Purchase Agreement Act or to aid in the enforcement of the act or in the adopting and promulgating of rules, regulations, and forms under the act. In the discretion of the director, the actual expense of any such investigation may be charged to the person who is the subject of the investigation.(b) The director may publish information concerning any violation of the act or any rule, regulation, or order of the director.(c) For the purpose of any investigation or proceeding under the act, the director or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.(2) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the director, may issue to that person an order requiring him or her to appear before the director or the officer designated by the director to produce documentary evidence if so ordered or to give evidence touching on the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court. The request for an order of compliance may be addressed to either (a) the district court of Lancaster County or the district court in the county where service may be obtained on the person refusing to testify or produce, if the person is within this state, or (b) the appropriate district court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.Source  Laws 1993, LB 111, § 5.
NE Code § 69-2118 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2118 - Examination of books and records.

69-2118.  Examination of books and records.To aid in the enforcement of the Consumer Rental Purchase Agreement Act, the Director of Banking and Finance may examine the books and records of any lessor at least once a year. The expense of the examination shall be assessed against such lessor.Source  Laws 1993, LB 111, § 7.
NE Code § 69-2119 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2119 - Personal jurisdiction over lessor.

69-2119.  Personal jurisdiction over lessor.Leasing or offering to lease or arrange for a leasing of property under a consumer rental purchase agreement in this state shall constitute sufficient contact with this state for the exercise of personal jurisdiction over the lessor in any action arising under the Consumer Rental Purchase Agreement Act.Source  Laws 1993, LB 111, § 8.
NE Code § 69-2201 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2201 - Unsolicited goods or merchandise; disposal.

69-2201.  Unsolicited goods or merchandise; disposal.Unless otherwise agreed, where unsolicited goods or merchandise are sent through the mail to a person, he has a right to refuse to accept delivery of the goods or merchandise and is not bound to return such goods or merchandise to the sender. If such unsolicited goods or merchandise are either addressed to or intended for the recipient, they shall be deemed a gift to the recipient who may use them or dispose of them in any manner without any obligations to the sender.Source   Laws 1967, c. 358, § 1, p. 949;   R.S.1943, (1986), § 63-104.  Cross References  Home solicitation sales, see Chapter 69, article 16.
NE Code § 69-2301 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2301 - Act, how cited.

69-2301.  Act, how cited.Sections 69-2301 to 69-2314 shall be known and may be cited as the Disposition of Personal Property Landlord and Tenant Act.Source  Laws 1991, LB 36, § 1. Annotations The scope of the Disposition of Personal Property Landlord and Tenant Act is not so narrowly confined as to exclude commercial leases; as such, the act applies in commercial lease cases. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).
NE Code § 69-2303 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2303 - Personal property remaining on premises; landlord; duties; notice; contents; delivery.

69-2303.  Personal property remaining on premises; landlord; duties; notice; contents; delivery.(1) Except as otherwise provided in subsection (5) of section 76-1414, when personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, the landlord shall give written notice as provided in subsection (2) of this section to such tenant and to any other person the landlord reasonably believes to be the owner of the property.(2)(a) The notice required by subsection (1) of this section shall describe the property in a manner reasonably adequate to permit the owner of the property to identify it. The notice may describe all or a portion of the property, but the limitation of liability provided by section 69-2309 shall not protect the landlord from any liability arising from the disposition of property not described in the notice, except that a trunk, valise, box, or other container which is locked, fastened, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents.(b) The notice shall state that reasonable costs of storage may be charged before the property is returned, the location where the property may be claimed, and the date on or before which such property must be claimed.(c) The date specified in the notice shall be a date not less than seven days after the notice is personally delivered or, if mailed, not less than fourteen days after the notice is deposited in the mail.(d) The notice shall be given within six months of the date of expiration of the lease of the property or the date of discovery of the abandonment, whichever is later.(3) The notice shall be personally delivered or sent by first-class mail, postage prepaid, to the person to be notified at his or her last-known address and, if there is reason to believe that the notice sent to that address will not be received by him or her, also delivered or sent to such other address, if any, known to the landlord at which such person may reasonably be expected to receive the notice.Source   Laws 1991, LB 36, § 3;   Laws 1995, LB 175, § 1;  Laws 2016, LB221, § 2.
NE Code § 69-2304 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2304 - Notice; statement required.

69-2304.  Notice; statement required.A notice given pursuant to section 69-2303 shall contain one of the following statements, as appropriate:(1) "If you fail to reclaim the property, it will be sold at a public sale after notice of the sale has been given by publication. You have the right to bid on the property at this sale. After the property is sold and the costs of storage, advertising, and sale are deducted, the remaining money will be turned over to the State Treasurer pursuant to the Uniform Disposition of Unclaimed Property Act. You may claim the remaining money from the office of the State Treasurer as provided in such act."; or(2) "Because this property is believed to be worth less than two thousand dollars, it may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time indicated in this notice.".Source   Laws 1991, LB 36, § 4;  Laws 2010, LB712, § 44;  Laws 2016, LB1075, § 1.  Cross References  Uniform Disposition of Unclaimed Property Act, see section 69-1329.
NE Code § 69-2306 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2306 - Landlord; property; removal and storage; liability.

69-2306.  Landlord; property; removal and storage; liability.A landlord may leave personal property on the vacated premises or may remove and store the property in a place of safekeeping until the landlord either releases or disposes of the property pursuant to the Disposition of Personal Property Landlord and Tenant Act. The landlord shall exercise reasonable care in storing the property but shall not be liable to the tenant or any other owner for any loss unless such loss is caused by the landlord's intentional or negligent act.Source  Laws 1991, LB 36, § 6.
NE Code § 69-2307 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2307 - Landlord; release of personal property; when.

69-2307.  Landlord; release of personal property; when.(1) A landlord shall release personal property left on the vacated premises to the former tenant or to any person reasonably believed by the landlord to be the owner if such tenant or other person pays the reasonable costs of storage and advertising and takes possession of the property not later than the date specified in the notice for taking possession.(2) When personal property is not released pursuant to subsection (1) of this section and the notice has stated that the personal property will be sold at a public sale, the landlord shall release the personal property to the former tenant or other person if he or she claims the property prior to sale and pays the reasonable costs of storage, advertising, and preparation for sale incurred prior to such claim and payment.Source  Laws 1991, LB 36, § 7. Annotations  Giving the word "former" its plain and ordinary meaning, "former tenant" under this section includes any past tenant to whom the property may have belonged. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018). Reading this section in conjunction with section 69-2312, a landlord would not be required to relinquish property to any party that is either (1) not a former tenant or (2) not a person who is reasonably believed by the landlord to be the owner of the personal property at issue. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018). The purpose of this section is to protect landlords from liability to the owners of personal property when the landlord erroneously surrenders property to a party other than the true owner but who the landlord reasonably believed was the owner. Conversely, if the requesting party is not a former tenant or a person that the landlord reasonably believes owns the personal property, the landlord would not be protected from liability under this section. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).
NE Code § 69-2309 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2309 - Release or disposition of personal property; liability of landlord.

69-2309.  Release or disposition of personal property; liability of landlord.(1) If the landlord releases to the former tenant property which remains on the premises after a tenancy is terminated, the landlord shall not be liable to any person with respect to such property.(2) If the landlord releases property pursuant to section 69-2307 to a person who is not the former tenant and who is reasonably believed by the landlord to be the owner of the property, the landlord shall not be liable with respect to such property to:(a) Any person to whom notice was given pursuant to section 69-2303; and(b) Any person to whom notice was not given pursuant to section 69-2303 unless such person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should, upon reasonable investigation, have known the address of such person.(3) When property is disposed of pursuant to section 69-2308, the landlord shall not be liable with respect to that property to:(a) Any person to whom notice was given pursuant to section 69-2303; and(b) Any person to whom notice was not given pursuant to section 69-2303 unless such person proves that, prior to disposing of the property pursuant to section 69-2308, the landlord believed or reasonably should have believed that such person had an interest in the property and also that the landlord knew or should, upon reasonable investigation, have known the address of such person.Source  Laws 1991, LB 36, § 9.
NE Code § 69-2310 (2021)
2021 Nebraska Revised Statutes|Chapter 69 - Personal Property|69-2310 - Costs of storage; how assessed.

69-2310.  Costs of storage; how assessed.(1) Costs of storage for which payment may be required shall be assessed in the following manner:(a) When a former tenant claims property pursuant to section 69-2307, he or she may be required to pay the reasonable costs of storage for all the personal property remaining on the premises at the termination of the tenancy; and(b) When an owner other than the former tenant claims property pursuant to section 69-2307, he or she may be required to pay the reasonable costs of storage for only the property in which he or she claims an interest.(2) In determining the costs to be assessed under subsection (1) of this section, the landlord may not charge more than one person for the same costs.Source  Laws 1991, LB 36, § 10. Annotations The scope of the Disposition of Personal Property Landlord and Tenant Act is not so narrowly confined as to exclude commercial leases; as such, the act applies in commercial lease cases. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).