reglab/housing_qa huggingface dataset:
NE Code § 76-1437 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1437 - Periodic tenancy; holdover remedies.

76-1437.  Periodic tenancy; holdover remedies.(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.(3) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount not more than three months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, subsection (4) of section 76-1414 applies.Source  Laws 1974, LB 293, § 37. Annotations An action to recover possession of real property from a tenant who remains in possession without the landlord's consent after a lease has expired or been terminated under this section is an action for the possession of real property and is therefore subject to the 10-year statute of limitations for the possession of real property as provided in section 25-202. A cause of action to recover possession of real property from a tenant under this section accrues at the point the lease expires or is terminated and the tenant remains in possession of the property without the consent of the landlord. Blankenau v. Landess, 261 Neb. 906, 626 N.W.2d 588 (2001).
NE Code § 76-1438 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1438 - Landlord and tenant remedies for abuse of access or entry.

76-1438.  Landlord and tenant remedies for abuse of access or entry.(1) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees.(2) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees.Source  Laws 1974, LB 293, § 38.
NE Code § 76-1439 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1439 - Retaliatory conduct prohibited.

76-1439.  Retaliatory conduct prohibited.(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:(a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or(b) The tenant has organized or become a member of a tenants' union or similar organization.(2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1).(3) Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if:(a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent;(b) The tenant is in default in rent; or(c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425.Source  Laws 1974, LB 293, § 39. Annotations A separate action for termination of a rental agreement is not a prerequisite to termination under this section. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019).
NE Code § 76-1440 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1440 - Action for possession.

76-1440.  Action for possession.An action for possession of any premises subject to the Uniform Residential Landlord and Tenant Act shall be commenced in the manner described by sections 76-1440 to 76-1447.Source   Laws 1974, LB 293, § 40;   Laws 1991, LB 324, § 2.
NE Code § 76-1441 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1441 - Complaint for restitution; filing; contents.

76-1441.  Complaint for restitution; filing; contents.(1) The person seeking possession shall file a complaint for restitution with the clerk of the district or county court. The complaint shall contain (a) the specific statutory authority under which possession is sought; (b) the facts, with particularity, on which he or she seeks to recover; (c) a reasonably accurate description of the premises; and (d) the requisite compliance with the notice provisions of the Uniform Residential Landlord and Tenant Act. The complaint may notify the tenant that personal property remains on the premises and that it may be disposed of pursuant to section 69-2308 or subsection (5) of section 76-1414. The complaint may also contain other causes of action relating to the tenancy, but such causes of action shall be answered and tried separately, if requested by either party in writing.(2) The person seeking possession pursuant to subsection (4) of section 76-1431 shall include in the complaint the incident or incidents giving rise to the suit for recovery of possession.Source   Laws 1974, LB 293, § 41;   Laws 1984, LB 13, § 85;   Laws 1995, LB 175, § 2;  Laws 2002, LB 876, § 81;  Laws 2016, LB221, § 5;  Laws 2021, LB320, § 7.   Effective Date: August 28, 2021
NE Code § 76-1442 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1442 - Summons; contents; issuance; service; when; affidavit of service.

76-1442.  Summons; contents; issuance; service; when; affidavit of service.The summons shall be issued and directed, with a copy of the complaint attached thereto, and shall state the cause of the complaint, the time and place of trial of the action for possession, answer day for other causes of action, and notice that if the defendant fails to appear judgment shall be entered against him or her. The summons may be served and returned as in other cases or by any person, except that the summons shall be served within three days, excluding nonjudicial days, from the date of issuance and shall be returnable within five days, excluding nonjudicial days, from the date of issuance. The person making the service shall file with the court an affidavit stating with particularity the manner in which he or she made the service. If diligent efforts have been made to serve the summons in the manner provided in sections 25-505.01 to 25-516.01 but such efforts were unsuccessful, the summons may be served in the manner provided in section 76-1442.01.Source   Laws 1974, LB 293, § 42;   Laws 1976, LB 858, § 1;   Laws 1991, LB 324, § 3;   Laws 1995, LB 52, § 1;  Laws 2002, LB 876, § 82;  Laws 2003, LB 760, § 18.
NE Code § 76-1442.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1442.01 - Summons; alternative method of service; affidavit; contents.

76-1442.01.  Summons; alternative method of service; affidavit; contents.When authorized by section 76-1442, service of a summons issued under such section may be made by posting a copy on the front door of the dwelling unit and mailing a copy by first-class mail to the defendant's last-known address. The plaintiff shall file an affidavit with the court describing the diligent efforts made to serve the summons in the manner provided in sections 25-505.01 to 25-516.01, the reasons why such service was unsuccessful, and that service was made by posting the summons on the front door of the dwelling unit and mailing a copy by first-class mail to the defendant's last-known address.Source   Laws 1991, LB 324, § 4;  Laws 2021, LB320, § 8.   Effective Date: August 28, 2021
NE Code § 76-1443 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1443 - Continuance; when.

76-1443.  Continuance; when.The court may grant a continuance for good cause shown by either party, but no subsequent continuance shall be granted except by agreement or unless extraordinary cause be shown to the court. For any subsequent continuance extending the initial trial date into the next periodic rental period, the court may require a tenant to deposit with the clerk of the court such rental payments as accrue during the pendency of the suit.Source   Laws 1974, LB 293, § 43;  Laws 2021, LB320, § 9.   Effective Date: August 28, 2021
NE Code § 76-1444 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1444 - Default of defendant.

76-1444.  Default of defendant.If the defendant shall not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present.Source  Laws 1974, LB 293, § 44.
NE Code § 76-1445 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1445 - Defendant may appear and answer.

76-1445.  Defendant may appear and answer.On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff, or counterclaim.Source  Laws 1974, LB 293, § 45.
NE Code § 76-1446 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1446 - Trial; judgment; limitation; writ of restitution; issuance.

76-1446.  Trial; judgment; limitation; writ of restitution; issuance.Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury. If the plaintiff serves the summons in the manner provided in section 76-1442.01, the action shall proceed as other actions for possession except that a money judgment shall not be granted for the plaintiff. If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution. The plaintiff shall comply with the Disposition of Personal Property Landlord and Tenant Act and subsection (5) of section 76-1414 in the removal of personal property remaining on the premises at the time possession of the premises is restored.Source   Laws 1974, LB 293, § 46;   Laws 1976, LB 858, § 2;   Laws 1995, LB 52, § 2;   Laws 1995, LB 175, § 3;  Laws 2016, LB221, § 6.  Cross References  Disposition of Personal Property Landlord and Tenant Act, see section 69-2301.
NE Code § 76-1447 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1447 - Appeal; effect.

76-1447.  Appeal; effect.If either party feels aggrieved by the judgment, he may appeal as in other civil actions. An appeal by the defendant shall stay the execution of any writ of restitution, so long as the defendant deposits with the clerk of the district court the amount of judgment and costs, or gives an appeal bond with surety therefor, and thereafter pays into court, on a monthly basis, an amount equal to the monthly rent called for by the rental agreement at the time the complaint was filed.Source  Laws 1974, LB 293, § 47.
NE Code § 76-1448 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1448 - Act; applicability.

76-1448.  Act; applicability.The Uniform Residential Landlord and Tenant Act applies to rental agreements entered into or extended or renewed after July 1, 1975.Source   Laws 1974, LB 293, § 49;  Laws 2001, LB 7, § 20.
NE Code § 76-1449 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1449 - Transactions entered into before effective date; effect.

76-1449.  Transactions entered into before effective date; effect.Transactions entered into before July 12, 1974, and not extended or renewed after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted prior to July 12, 1974.Source  Laws 1974, LB 293, § 50.
NE Code § 76-1450 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1450 - Act, how cited.

76-1450.  Act, how cited.Sections 76-1450 to 76-14,111 shall be known and may be cited as the Mobile Home Landlord and Tenant Act.Source  Laws 1984, LB 916, § 1.
NE Code § 76-1451 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1451 - Purposes; construction.

76-1451.  Purposes; construction.(1) The Mobile Home Landlord and Tenant Act shall be liberally construed and applied to promote its underlying purposes and policies.(2) The underlying purposes and policies of the Mobile Home Landlord and Tenant Act are:(a) To simplify, clarify, and establish the law governing the rental of mobile home spaces and the rights and obligations of landlord and tenant; and(b) To encourage landlord and tenant to maintain and improve the quality of mobile home living.Source  Laws 1984, LB 916, § 2.
NE Code § 76-1452 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1452 - Supplementary principles of law applicable.

76-1452.  Supplementary principles of law applicable.Unless displaced by the provisions of the Mobile Home Landlord and Tenant Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement the provisions of the act.Source  Laws 1984, LB 916, § 3.
NE Code § 76-1453 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1453 - Remedies; administration and enforcement; duty to mitigate damages.

76-1453.  Remedies; administration and enforcement; duty to mitigate damages.(1) The remedies provided by the Mobile Home Landlord and Tenant Act shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party shall have a duty to mitigate damages.(2) Any right or obligation declared by the Mobile Home Landlord and Tenant Act shall be enforceable by action unless the provision declaring it specifies a different and limited effect.Source  Laws 1984, LB 916, § 4.
NE Code § 76-1454 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1454 - Settlement of claim or right.

76-1454.  Settlement of claim or right.A claim or right arising under the Mobile Home Landlord and Tenant Act or under a rental agreement may be settled by agreement.Source  Laws 1984, LB 916, § 5.
NE Code § 76-1455 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1455 - Public housing; not subject to act.

76-1455.  Public housing; not subject to act.The Mobile Home Landlord and Tenant Act shall not apply to an occupancy in or operation of public housing as authorized, provided, or conducted pursuant to any federal law or regulation with which the act might conflict.Source  Laws 1984, LB 916, § 6.
NE Code § 76-1456 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1456 - Jurisdiction and service of process.

76-1456.  Jurisdiction and service of process.The district or county court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by the Mobile Home Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act for a dwelling unit located within its jurisdictional boundaries. Service outside this state may be made in the manner provided in section 25-540.Source   Laws 1984, LB 916, § 7;   Laws 1986, LB 750, § 4.
NE Code § 76-1457 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1457 - Definitions, where found.

76-1457.  Definitions, where found.As used in the Mobile Home Landlord and Tenant Act, unless the context otherwise requires, the definitions found in sections 76-1458 to 76-1471 shall apply.Source  Laws 1984, LB 916, § 8.
NE Code § 76-1458 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1458 - Business, defined.

76-1458.  Business, defined.Business shall mean a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity which is a landlord, owner, manager, or deemed to be an agent pursuant to section 76-1480.Source   Laws 1984, LB 916, § 9;   Laws 1993, LB 121, § 485.
NE Code § 76-1459 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1459 - Dwelling unit, defined.

76-1459.  Dwelling unit, defined.Dwelling unit shall mean a mobile home or the part of a mobile home that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household but shall not include any real property used to accommodate a mobile home.Source  Laws 1984, LB 916, § 10.
NE Code § 76-1460 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1460 - Good faith, defined.

76-1460.  Good faith, defined.Good faith shall mean honesty in fact in the conduct of the transaction concerned.Source  Laws 1984, LB 916, § 11.
NE Code § 76-1461 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1461 - Housing code, defined.

76-1461.  Housing code, defined.Housing code shall include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. Minimum housing code shall be limited to those laws, resolutions, ordinances, or regulations, or portions thereof, dealing specifically with health and minimum standards of fitness for habitation.Source  Laws 1984, LB 916, § 12.
NE Code § 76-1462 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1462 - Landlord, defined.

76-1462.  Landlord, defined.Landlord shall mean the mobile home park owner and any agent authorized to act on the owner's behalf in matters relating to tenancy in the park and shall include the manager of a mobile home park who fails to disclose as required by sections 76-1479 to 76-1482.Source  Laws 1984, LB 916, § 13.
NE Code § 76-1463 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1463 - Mobile home, defined.

76-1463.  Mobile home, defined.Mobile home shall mean a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in section 71-4603.Source   Laws 1984, LB 916, § 14;   Laws 1985, LB 313, § 25.
NE Code § 76-1464 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1464 - Mobile home park, defined.

76-1464.  Mobile home park, defined.Mobile home park shall mean a parcel or contiguous parcels of land which have been so designated and improved that the parcel or parcels contain two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. The term mobile home park shall not be construed to include mobile homes, buildings, tents, or other structures temporarily maintained by any individual, corporation, company, or other entity on its own premises and used exclusively to house its own labor force, and shall not include real property which is rented or held out for rent for seasonal recreational purposes only and which is not intended for year-round occupancy.Source  Laws 1984, LB 916, § 15.
NE Code § 76-1465 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1465 - Mobile home space, defined.

76-1465.  Mobile home space, defined.Mobile home space shall mean a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.Source  Laws 1984, LB 916, § 16.
NE Code § 76-1466 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1466 - Owner, defined.

76-1466.  Owner, defined.Owner shall mean one or more persons, jointly or severally, in whom are vested (a) all or a 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 a mobile home park, and shall include a mortgagee in possession.Source  Laws 1984, LB 916, § 17.
NE Code § 76-1467 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1467 - Rent, defined.

76-1467.  Rent, defined.Rent shall mean a payment to be made to a landlord pursuant to a rental agreement.Source  Laws 1984, LB 916, § 18.
NE Code § 76-1468 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1468 - Rental agreement, defined.

76-1468.  Rental agreement, defined.Rental agreement shall mean any agreement, written or implied by law, and any rules and regulations adopted pursuant to section 76-1494 which constitute the terms and conditions concerning the use and occupancy of a mobile home space.Source  Laws 1984, LB 916, § 19.
NE Code § 76-1469 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1469 - Rental deposit, defined.

76-1469.  Rental deposit, defined.Rental deposit shall mean a deposit of money to secure performance of a mobile home space rental agreement other than a deposit which is exclusively an advance payment of rent.Source  Laws 1984, LB 916, § 20.
NE Code § 76-1470 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1470 - Sublessee, defined.

76-1470.  Sublessee, defined.Sublessee shall mean any person who rents or leases a mobile home from a tenant, but shall not include a person who rents or leases a space in a mobile home park. A tenant-sublessee relationship shall be governed by the Uniform Residential Landlord and Tenant Act.Source  Laws 1984, LB 916, § 21. Cross References  Uniform Residential Landlord and Tenant Act, see section 76-1401.
NE Code § 76-1471 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1471 - Tenant, defined.

76-1471.  Tenant, defined.Tenant shall mean an owner of a mobile home who leases or rents space in a mobile home park, but shall not include a person who rents or leases a mobile home.Source  Laws 1984, LB 916, § 22.
NE Code § 76-1472 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1472 - Obligation of good faith.

76-1472.  Obligation of good faith.Every duty under the Mobile Home Landlord and Tenant Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the act shall impose an obligation of good faith in its performance or enforcement.Source  Laws 1984, LB 916, § 23.