reglab/housing_qa huggingface dataset:
NE Code § 76-1473 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1473 - Unconscionability.

76-1473.  Unconscionability.(1) If a court, as a matter of law, finds that a rental agreement or any provision of a rental agreement was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.(2) If a court, as a matter of law, finds that a settlement in which a party waives or agrees to forego a claim or right under the Mobile Home Landlord and Tenant Act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result.(3) If unconscionability is put into issue by a party or by a court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.Source  Laws 1984, LB 916, § 24.
NE Code § 76-1474 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1474 - Notice.

76-1474.  Notice.(1) A person shall be deemed to have notice of a fact if the person (a) has actual knowledge of it, (b) has received a notice or notification of it, or (c) from all facts and circumstances known to him or her at the time in question has reason to know that it exists.(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to the person's attention, (b) in the case of the landlord, it is delivered in hand or mailed by United States mail to the landlord's place of business at which the rental agreement was made or at any place held out by the landlord as the place for receipt of a communication or delivered to any individual who is deemed to be an agent pursuant to section 76-1480, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed by United States mail to the tenant at the place held out by the tenant as the place for receipt of a communication or, in the absence of such designation, to the tenant's last-known place of residence.(3) Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to the person's attention if the organization had exercised reasonable diligence.Source  Laws 1984, LB 916, § 25.
NE Code § 76-1475 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1475 - Terms and conditions of rental agreement.

76-1475.  Terms and conditions of rental agreement.(1) A landlord and tenant may include in a rental agreement terms and conditions not prohibited by the Mobile Home Landlord and Tenant Act or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.(2) A rental agreement may require a tenant to maintain liability insurance which names the landlord as an insured with respect to the mobile home space rented by the tenant. For purposes of this subsection, liability insurance shall mean insurance that protects the landlord from negligence on the part of the tenant and any invitees or guests of the tenant.(3) The tenant shall pay as rent the amount stated in the rental agreement. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the mobile home space.(4) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, periodic rent shall be payable at the beginning of any term of one month or less and thereafter in equal monthly installments and rent shall be uniformly apportionable from day to day.(5) Rental agreements shall be from month to month unless otherwise specified in writing. A rental agreement may be canceled by at least thirty days' written notice given by either party. A landlord may not cancel a rental agreement solely for the purpose of making the tenant's mobile home space available for another mobile home unless otherwise agreed in writing. If the written rental agreement requires the removal by the tenant of the mobile home at the expiration of the lease period at the landlord's option, the landlord shall give the tenant thirty days' notice before exercising such option.Source  Laws 1984, LB 916, § 26.
NE Code § 76-1476 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1476 - Mobile home space improvements; ownership; duty of tenant.

76-1476.  Mobile home space improvements; ownership; duty of tenant.Unless otherwise agreed in writing between the landlord and tenant, any improvement, other than a natural lawn, purchased and installed by a tenant on a mobile home space shall remain the property of the tenant even though affixed to or in the ground and may be removed or disposed of by the tenant prior to the termination of the tenancy. A tenant shall leave the mobile home space in substantially the same or better condition than upon taking possession.Source  Laws 1984, LB 916, § 27.
NE Code § 76-1477 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1477 - Prohibited provisions in oral rental agreements.

76-1477.  Prohibited provisions in oral rental agreements.(1) Unless otherwise agreed in writing between the landlord and tenant, an oral rental agreement may not provide that the tenant or landlord:(a) Agrees to waive or to forego rights or remedies under the Mobile Home Landlord and Tenant Act;(b) Agrees to pay the other party's attorney's fees;(c) Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the related costs; or(d) Agrees to a designated agent for the sale of the tenant's mobile home.(2) A provision prohibited by subsection (1) of this section included in a rental agreement shall be unenforceable. If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited, the other party may recover actual damages sustained, reasonable attorney's fees, and court costs.Source  Laws 1984, LB 916, § 28.
NE Code § 76-1478 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1478 - Receipt of rent free of obligation; prohibited.

76-1478.  Receipt of rent free of obligation; prohibited.A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit the receipt of rent free of the obligation to comply with section 76-1492.Source  Laws 1984, LB 916, § 29.
NE Code § 76-1479 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1479 - Disclosure.

76-1479.  Disclosure.A landlord may offer a tenant the opportunity to sign a written rental agreement for a mobile home space. The landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing at or before entering into the rental agreement the name and address of:(1) The person authorized to manage the mobile home park; and(2) The owner of the mobile home park or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.The information required to be furnished by this section shall be kept current and refurnished to the tenant at the tenant's request. Upon termination of a landlord's interest in a mobile home park, the provisions of this section relating to disclosure and any written rental agreements in effect at the time of the termination shall extend to and be enforceable against any successor landlord, owner, or manager.Source  Laws 1984, LB 916, § 30.
NE Code § 76-1480 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1480 - Failure to disclose; effect.

76-1480.  Failure to disclose; effect.A person who fails to disclose as required by section 76-1479 shall be deemed an agent of the landlord for the purpose of:(1) Service of process and receiving and receipting for notices and demands; and(2) Performing the obligations of the landlord under the Mobile Home Landlord and Tenant Act and rental agreement.Source  Laws 1984, LB 916, § 31.
NE Code § 76-1481 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1481 - Written rental agreement; delivery.

76-1481.  Written rental agreement; delivery.If there is a written rental agreement, the landlord shall tender and deliver a signed copy of the rental agreement to the tenant and the tenant shall sign and deliver to the landlord one fully executed copy of the rental agreement. Failure to comply with this section shall be deemed a material noncompliance with the rental agreement by the landlord or the tenant, as the case may be.Source  Laws 1984, LB 916, § 32.
NE Code § 76-1482 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1482 - Explanation of utility charges and services; required; when.

76-1482.  Explanation of utility charges and services; required; when.The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall provide a written explanation of utility rates, charges, and services to the prospective tenant before the rental agreement is signed unless the utility charges are to be paid by the tenant directly to the utility company.Source  Laws 1984, LB 916, § 33.
NE Code § 76-1483 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1483 - Rental deposit; limitation.

76-1483.  Rental deposit; limitation.A landlord shall not demand or receive as rental deposit an amount or value in excess of one month's periodic rent.Source  Laws 1984, LB 916, § 34.
NE Code § 76-1484 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1484 - Rental deposit; how handled.

76-1484.  Rental deposit; how handled.All rental deposits shall be held by the landlord for the tenant. Rental deposits may be held in a trust account, which may be a common trust account and which may be an interest-bearing account. Any interest earned on a rental deposit shall be the property of the landlord.Source  Laws 1984, LB 916, § 35.
NE Code § 76-1485 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1485 - Rental deposit; return; withholdings; considered abandoned property; when.

76-1485.  Rental deposit; return; withholdings; considered abandoned property; when.(1) A landlord shall, within fourteen days from the date of termination of the tenancy, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding all or any portion of the rental deposit. If no mailing address or delivery instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the rental deposit to be returned, if any, and the written statement regarding any amounts withheld to the tenant's last-known mailing address. If the mailing is returned as undeliverable, or if the returned balance of the rental deposit remains outstanding for one year, it shall be considered abandoned property to be reported to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act. The landlord may withhold from the rental deposit only such amounts as are reasonable:(a) To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement; and(b) To restore the mobile home space to its condition at the commencement of the tenancy, ordinary wear and tear excepted.(2) In an action concerning the rental deposit, the burden of proving, by a preponderance of the evidence, the reason for withholding all or any portion of the rental deposit shall be on the landlord.Source   Laws 1984, LB 916, § 36;  Laws 2021, LB320, § 10.   Effective Date: August 28, 2021  Cross References  Uniform Disposition of Unclaimed Property Act, see section 69-1329.
NE Code § 76-1486 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1486 - Rental deposit; failure to provide written statement; effect.

76-1486.  Rental deposit; failure to provide written statement; effect.A landlord who fails to provide a written statement as required by section 76-1485 shall forfeit all rights to withhold any portion of the rental deposit.Source   Laws 1984, LB 916, § 37;  Laws 2021, LB320, § 11.   Effective Date: August 28, 2021
NE Code § 76-1487 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1487 - Termination of landlord's interest in park; deposit; how treated.

76-1487.  Termination of landlord's interest in park; deposit; how treated.Upon termination of a landlord's interest in a mobile home park, the landlord or his or her agent shall, within a reasonable time, (1) transfer the rental deposit, or any remainder after any lawful deductions, to the landlord's successor in interest and notify the tenant in writing of the transfer and of the transferee's name and address or (2) return the deposit, or any remainder after any lawful deductions, to the tenant. The notice shall state the amount of rental deposit being transferred or assumed and shall be given by mail or personal service.Source  Laws 1984, LB 916, § 38.
NE Code § 76-1488 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1488 - Landlord's successor in interest; rights and obligations.

76-1488.  Landlord's successor in interest; rights and obligations.Upon the termination of a landlord's interest in a mobile home park and compliance with section 76-1487, the landlord shall be relieved of any further liability with respect to the rental deposit. The landlord's successor in interest shall have all the rights and obligations of the landlord with respect to the rental deposits, except that if the tenant does not object to the amount stated in the notice required by subdivision (1) of section 76-1487 within twenty days after receipt of the notice, the obligations of the landlord's successor to return the deposit shall be limited to the amount contained in the notice.Source  Laws 1984, LB 916, § 39.
NE Code § 76-1489 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1489 - Rental deposit; unlawful retention; damages.

76-1489.  Rental deposit; unlawful retention; damages.If a landlord retains all or any portion of a rental deposit in violation of sections 76-1483 to 76-1488, the tenant may recover the amount of the rental deposit due to the tenant, court costs, and reasonable attorney's fees. In addition, if the landlord's retention of the rental deposit or any portion thereof is willful and not in good faith, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the rental deposit, whichever is less, as liquidated damages.Source   Laws 1984, LB 916, § 40;  Laws 2021, LB320, § 12.   Effective Date: August 28, 2021
NE Code § 76-1490 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1490 - Rent increase; written notice.

76-1490.  Rent increase; written notice.Each tenant shall be notified in writing of any rent increase by actual notice or by United States mail at least sixty days prior to the effective date of the increase.Source  Laws 1984, LB 916, § 41.
NE Code § 76-1491 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1491 - Landlord deliver possession of mobile home space.

76-1491.  Landlord deliver possession of mobile home space.At the commencement of the term of tenancy, the landlord shall deliver possession of the mobile home space to the tenant in compliance with the rental agreement and section 76-1492. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in section 76-14,105.Source  Laws 1984, LB 916, § 42.
NE Code § 76-1492 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1492 - Landlord; duties; powers.

76-1492.  Landlord; duties; powers.(1) A landlord shall:(a) Make all repairs and do whatever is necessary to put and keep the mobile home park in a fit and habitable condition;(b) Keep all common areas of the mobile home park in a clean and safe condition;(c) Maintain in good and safe working order and condition all facilities supplied or required to be supplied by the landlord;(d) Provide for the removal of garbage, rubbish, and other waste from the mobile home park; and(e) Furnish outlets for provided utilities.(2) A landlord shall not impose any condition connected with the rental or occupancy of a mobile home space which requires the tenant's exclusive use of a seller of fuel, furnishings, goods, services, or mobile homes unless such condition is necessary to protect the health, safety, aesthetic value, or welfare of mobile home tenants in the park. A landlord may impose reasonable requirements designed to standardize methods of utility connection and hookup. If any such conditions are imposed which result in charges for the goods or services, the charges shall not exceed the actual cost incurred in providing the tenant with the goods or services.Source  Laws 1984, LB 916, § 43.
NE Code § 76-1493 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1493 - Tenant; duties.

76-1493.  Tenant; duties.A tenant shall maintain his or her mobile home space in as good a condition as when the tenant took possession and shall:(1) Comply with all obligations primarily imposed upon tenants by applicable provisions of city, county, and state housing codes materially affecting health and safety;(2) Keep the mobile home space that the tenant occupies and uses reasonably clean and safe;(3) Dispose from the tenant's mobile home space all rubbish, garbage, and other waste in a clean and safe manner;(4) Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the mobile home park or knowingly permit any guest or invitee to do so; and(5) Conduct himself or herself and require any guests or invitees to conduct themselves in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the mobile home park.Source  Laws 1984, LB 916, § 44.
NE Code § 76-1494 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1494 - Landlord; rules and regulations.

76-1494.  Landlord; rules and regulations.A landlord may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the mobile home park. The rules and regulations shall be enforceable against the tenant only if they are written and if:(1) Their purpose is to promote the convenience, safety, or welfare of the tenants in the mobile home park, preserve the landlord's property from abuse, make a fair distribution of services and facilities held out for the tenants generally, or facilitate reasonable mobile home park management;(2) They are reasonably related to the purpose for which adopted;(3) They apply to all tenants in the mobile home park in a fair manner;(4) They are sufficiently explicit in prohibition, direction, or limitation of the tenant's conduct to fairly inform him or her of what must or must not be done to comply;(5) They are not for the purpose of evading the obligations of the landlord; and(6) The prospective tenant is given a copy of any existing rules and regulations before entering into the rental agreement.Notice of all additions, changes, deletions, or amendments to the rules and regulations shall be given to all mobile home tenants sixty days before they become effective. The landlord may change, add, delete, or amend the rules and regulations without sixty days' notice only with the written consent of at least one adult resident from a minimum of sixty percent of the households in the mobile home park. Adult resident shall mean a resident who has achieved the age of majority as defined in section 43-2101. Any rule or condition of occupancy which does not conform to the requirements of the Mobile Home Landlord and Tenant Act shall be unenforceable. A rule or regulation adopted after the tenant enters into the rental agreement shall be enforceable against the tenant only if it does not conflict with or contradict the tenant's rental agreement. Nothing in this section shall prohibit a landlord from adopting rules and regulations applicable to new tenants only and not to persons who are tenants prior to the effective date of the rules and regulations.Source   Laws 1984, LB 916, § 45;   Laws 1988, LB 790, § 32.
NE Code § 76-1495 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1495 - Landlord; prohibited acts.

76-1495.  Landlord; prohibited acts.A landlord may not:(1) Deny rental on the basis of race, color, religion, sex, or national origin;(2) Require any person, as a precondition to renting, leasing, or otherwise occupying or removing from a mobile home space in a mobile home park, to pay an entrance or exit fee of any kind unless for services actually rendered or pursuant to a written agreement. A landlord may restrict the movement of mobile homes to reasonable hours and may require that all work in connection with the removal or installation of a mobile home, including, but not limited to, the hookup or disconnection of utilities, be done in a good and workmanlike manner;(3) Deny any resident of a mobile home park the right to sell that person's mobile home at a price of his or her own choosing. The tenant shall, prior to selling the mobile home, give notice to the landlord, including, but not limited to, the name of the prospective purchaser. Unless otherwise agreed in writing, the landlord may reserve the right to approve or disapprove the prospective purchaser of the mobile home as a tenant within ten days after receiving notice of the intended sale. Any disapproval shall be in writing and shall be delivered to such tenant pursuant to section 76-1474. The landlord shall not unreasonably refuse or restrict the sale by a tenant of a mobile home located in his or her mobile home park, but the landlord may consider the size, ages, and composition of the prospective purchaser's family in determining if the mobile home purchaser may leave the home in the park. The landlord may also, in order to upgrade the quality of the mobile home park, prescribe reasonable requirements governing the age, physical appearance, size, or quality of the mobile home. In the event of a sale to a third party or mutual termination of the rental agreement, the landlord may within ten days after receiving written notice of the pending sale or mutual termination require that any mobile home that is no longer appropriate for the mobile home park or that is in disrepair be repaired to the landlord's satisfaction or removed from the park within sixty days. The landlord shall specify in writing the reasons for disapproval of the mobile home;(4) Exact a commission or fee with respect to the price realized by the tenant selling the mobile home, unless the park owner or operator has acted as agent for the mobile home owner pursuant to a written agreement; or(5) Require a tenant to furnish permanent improvements which cannot be removed by the tenant without damage to the mobile home or mobile home space at the expiration of the rental agreement.Source  Laws 1984, LB 916, § 46.