reglab/housing_qa huggingface dataset:
NE Code § 76-1418 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1418 - Landlord to supply possession of dwelling unit.

76-1418.  Landlord to supply possession of dwelling unit.At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 76-1419. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in subsection (3) of section 76-1437. If the landlord makes reasonable efforts to obtain possession of the premises, he shall not be liable for an action under this section.Source  Laws 1974, LB 293, § 18. Annotations A tenant who accepts possession and lives on the property for several months thereafter does not have a claim under this section, because the duties described in this section pertain to the "commencement" of the lease term. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019).
NE Code § 76-1420 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1420 - Limitation of liability.

76-1420.  Limitation of liability.(1) Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, is relieved of liability under the rental agreement and the Uniform Residential Landlord and Tenant Act as to events occurring subsequent to written notice to the tenant of the conveyance, but the landlord remains liable to the tenant for any property and money to which the tenant is entitled under section 76-1416, except that assignment of any security deposits or prepaid rents to a bona fide purchaser with written notice to the tenant shall serve to relieve the conveying landlord of any further liability under section 76-1416.(2) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and the Uniform Residential Landlord and Tenant Act as to events occurring after written notice to the tenant of the termination of his or her management.Source   Laws 1974, LB 293, § 20;  Laws 2001, LB 7, § 15.
NE Code § 76-1421 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1421 - Tenant to maintain dwelling unit.

76-1421.  Tenant to maintain dwelling unit.The tenant shall:(1) Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety;(2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced;(3) Dispose from his dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner;(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises;(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;(7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; and(8) Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with landlord's rights or duties.Source  Laws 1974, LB 293, § 21.
NE Code § 76-1422 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1422 - Rules and regulations.

76-1422.  Rules and regulations.A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. It is enforceable as provided in section 76-1431 against the tenant only if:(1) Its purpose is to promote the appearance, convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;(2) It is reasonably related to the purpose for which it is adopted;(3) It applies to all tenants in the premises in a fair manner;(4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;(5) It is not for the purpose of evading the obligations of the landlord; and(6) The tenant has notice of it at the time he enters into the rental agreement.A rule or regulation adopted after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification of his bargain.Source  Laws 1974, LB 293, § 22.
NE Code § 76-1423 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1423 - Access.

76-1423.  Access.(1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.(2) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.(3) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall:(a) Give the tenant at least twenty-four hours' written notice of the landlord's intent to enter. Such notice shall be provided to each individual unit and include the intended purpose for entry and a reasonable period during which the landlord anticipates making entry; and(b) Enter only at reasonable times.(4) The landlord has no other right of access except by court order, as permitted by subsection (2) of section 76-1432, or if the tenant has abandoned or surrendered the premises.Source   Laws 1974, LB 293, § 23;  Laws 2021, LB320, § 4.   Effective Date: August 28, 2021
NE Code § 76-1424 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1424 - Tenant to use and occupy.

76-1424.  Tenant to use and occupy.Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.Source  Laws 1974, LB 293, § 24.
NE Code § 76-1425 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1425 - Noncompliance by landlord.

76-1425.  Noncompliance by landlord.(1) Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 76-1419 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least fourteen days' written notice specifying the breach and the date of termination of the rental agreement. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.(2) Except as provided in the Uniform Residential Landlord and Tenant Act, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 76-1419. If the landlord's noncompliance is willful the tenant may recover reasonable attorney's fees. If the landlord's noncompliance is caused by conditions or circumstances beyond his or her control, the tenant may not recover consequential damages, but retains remedies provided in section 76-1427.(3) The remedy provided in subsection (2) of this section is in addition to any right of the tenant arising under subsection (1) of this section.(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416.Source   Laws 1974, LB 293, § 25;  Laws 2001, LB 7, § 16.  Annotations  So long as a tenant has given notice when required by section 76-1419, a tenant can seek damages or injunctive relief under subsection (2) of this section without sending notice under subsection (1) of this section specifying that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice of the breach, if not remedied within 14 days. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019). The conjunction "and" in subsection (2) of this section "serves to vest a tenant with two distinct options for relief" and does not require that both be pursued in order to pursue either. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019).
NE Code § 76-1426 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1426 - Failure to deliver possession.

76-1426.  Failure to deliver possession.If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 76-1418, rent abates until possession is delivered and the tenant shall:(1) Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or(2) Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against any person wrongfully in possession or wrongfully withholding possession and recover the damages sustained by him.If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person 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.Source  Laws 1974, LB 293, § 26.
NE Code § 76-1427 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1427 - Wrongful failure to supply heat, water, hot water, or essential services.

76-1427.  Wrongful failure to supply heat, water, hot water, or essential services.(1) If contrary to the rental agreement or section 76-1419 the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice to the landlord specifying the breach and may:(a) Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;(b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or(c) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.In addition to the remedy provided in subdivisions (a) and (c), if the failure to supply is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent, and in any case under this subsection reasonable attorney's fees.(2) If the tenant proceeds under this section, he may not proceed under section 76-1425 as to that breach.(3) The rights under this section do not arise until the tenant has given written notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. This section is not intended to cover circumstances beyond the landlord's control.Source  Laws 1974, LB 293, § 27.
NE Code § 76-1428 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1428 - Landlord's noncompliance as defense to action for possession.

76-1428.  Landlord's noncompliance as defense to action for possession.(1) In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he or she may recover under the rental agreement or the Uniform Residential Landlord and Tenant Act. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney's fees.(2) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) of this section but the tenant is not required to pay any rent into court.Source   Laws 1974, LB 293, § 28;  Laws 2001, LB 7, § 17.
NE Code § 76-1429 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1429 - Fire or casualty damage.

76-1429.  Fire or casualty damage.(1) If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:(a) Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or(b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.(2) If the rental agreement is terminated the landlord shall return all prepaid rent and security recoverable under section 76-1416. Accounting for rent in the event of termination or apportionment is to occur as of the date of the casualty. Notwithstanding the provisions of this section, the tenant is responsible for damage caused by his negligence.Source  Laws 1974, LB 293, § 29. Annotations  The Uniform Residential Landlord and Tenant Act expressly upholds tenants’ liability for negligent fire damage. SFI Ltd. Partnership 8 v. Carroll, 288 Neb. 698, 851 N.W.2d 82 (2014). Where a specific statute holds a tenant responsible for fire damages caused by his or her negligence, a court cannot hold a lease provision doing so as void against public policy or unconscionable. SFI Ltd. Partnership 8 v. Carroll, 288 Neb. 698, 851 N.W.2d 82 (2014).
NE Code § 76-1430 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1430 - Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

76-1430.  Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.If the landlord unlawfully removes or excludes the tenant from the premises or willfully and wrongfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to three months' periodic rent as liquidated damages, and a reasonable attorney's fee. If the rental agreement is terminated the landlord shall return all prepaid rent and security recoverable under section 76-1416.Source  Laws 1974, LB 293, § 30.
NE Code § 76-1431.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1431.01 - Tenant; victim of an act of domestic violence; release from rental agreement; conditions; effect.

76-1431.01.  Tenant; victim of an act of domestic violence; release from rental agreement; conditions; effect.(1) A tenant who is a victim of an act of domestic violence or whose household member is a victim of an act of domestic violence may obtain a release from a rental agreement if the tenant or household member has:(a) Obtained a protective order, restraining order, or other similar relief which applies to the perpetrator of the act of domestic violence; or(b) Obtained certification confirming domestic violence as set forth in subdivision (5)(a)(iii) of section 76-1431.(2) To obtain a release from a rental agreement under this section, the tenant shall:(a) Provide to the landlord a copy of the documentation described in subsection (1) of this section; and(b) Provide to the landlord a written notice containing:(i) The date on which the tenant wishes the release to be effective. Such date shall be at least fourteen days after the date the tenant provides the documentation and written notice and no more than thirty days after such date; and(ii) The names of any household members to be released in addition to the tenant.(3) The tenant shall remain liable for rent for the month in which the tenant terminated the rental agreement.(4) A tenant and any household member who is released from a rental agreement pursuant to this section:(a) Are not liable for rent or damages to the premises incurred after the release date; and(b) Are not subject to any fee solely because of termination of the rental agreement.(5) Other tenants who are parties to the rental agreement, other than household members of a tenant released under this section, are not released pursuant to this section from their obligations under the rental agreement or the Uniform Residential Landlord and Tenant Act.(6) A tenant who is a perpetrator of an act of domestic violence may not obtain a release from a rental agreement under this section.Source  Laws 2021, LB320, § 6.   Effective Date: August 28, 2021
NE Code § 76-1432 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1432 - Remedies for absence, nonuse, and abandonment.

76-1432.  Remedies for absence, nonuse, and abandonment.(1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days as required in section 76-1424 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.(2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.(3) If the tenant abandons the dwelling unit, the landlord shall take immediate possession and shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. Total absence from the premises without notice to landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment.Source  Laws 1974, LB 293, § 32. Annotations  Abandonment of leased premises occurs when a tenant, with the intention to terminate contractual rights to exclusive possession or control of leased premises, voluntarily relinquishes or vacates the leased premises. Mason v. Schumacher, 231 Neb. 929, 439 N.W.2d 61 (1989). In the absence of a tenant's explicit abandonment of residential premises, legitimation of a landlord's self-help recovery of the leased premises during the first thirty days of the tenant's absence may depend on unequivocal but circumstantial proof of the tenant's abandonment. Mason v. Schumacher, 231 Neb. 929, 439 N.W.2d 61 (1989). Subsection (3) of this section does not abrogate or displace common law concerning abandonment of real estate leased for residential purposes. Mason v. Schumacher, 231 Neb. 929, 439 N.W.2d 61 (1989).
NE Code § 76-1433 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1433 - Waiver of landlord's right to terminate.

76-1433.  Waiver of landlord's right to terminate.Acceptance of rent with knowledge of a default by tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of his right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.Source  Laws 1974, LB 293, § 33.
NE Code § 76-1434 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1434 - Landlord liens; distraint of property; prohibited.

76-1434.  Landlord liens; distraint of property; prohibited.(1) A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable.(2) Distraint for rent is abolished.Source  Laws 1974, LB 293, § 34.
NE Code § 76-1435 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1435 - Remedy for termination.

76-1435.  Remedy for termination.If the rental agreement is terminated, the landlord is entitled to possession and may have a claim for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in subsection (3) of section 76-1431.Source  Laws 1974, LB 293, § 35.
NE Code § 76-1436 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1436 - Recovery of possession limited.

76-1436.  Recovery of possession limited.A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in the Uniform Residential Landlord and Tenant Act.Source   Laws 1974, LB 293, § 36;  Laws 2001, LB 7, § 19.