reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1702 - Nonconforming advertising sign; conformance required; when.

69-1702.
Nonconforming advertising sign; conformance required; when.
If a nonconforming advertising sign, display, or device is located on premises leased or owned for the purpose of conducting a business or on commercial or industrial premises leased for the purpose of sign erection, such sign, display, or device shall be required to conform to existing codes and regulations, when such sign, display, or device is changed or altered as a result of either transfer of ownership of the premises or business or a change in the type of business or use of the premises. Such sign, display, or device may be allowed to remain as a nonconforming use subject to applicable normal nonreplacement and nonalteration standards as determined by the state, a state agency, or political subdivision of the state.
Source
Laws 1981, LB 241, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1802 - Act, purpose.

69-1802.
Act, purpose.
The purpose of the American Indian Arts and Crafts Sales Act is protection of the consumer and protection of American Indian craftpersons from false representation in the offering for sale, sale, trade, or purchase of authentic American Indian arts and crafts and natural and unnatural turquoise.
Source
Laws 1986, LB 275, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1803 - Terms, defined.

69-1803.
Terms, defined.
As used in the American Indian Arts and Crafts Sales Act, unless the context otherwise requires:
(1) American Indian shall mean any person of at least one-quarter American Indian blood who is enrolled or is a lineal descendant of an American Indian enrolled upon enrollment listing of the federal Bureau of Indian Affairs;
(2) Imitation American Indian arts and crafts shall mean any American-Indian-style arts and crafts which are made by machine, made of synthetic or artificial material, or made by persons who are not American Indians;
(3) Authentic American Indian arts and crafts shall mean any arts and crafts which are handcrafted by American Indians and made of natural materials;
(4) Machine-made shall mean the manufacture of American-Indian-style arts and crafts in mass production by mechanically stamping, casting, shaping, or weaving;
(5) Handcrafted arts and crafts shall mean any arts and crafts produced by individual hand labor through the use of findings, hand tools, and equipment for buffing, polishing, grinding, or drilling;
(6) Findings shall mean only those pieces that come under the category of clips, pins, stems, hooks, and toggles and other materials used in joining two or more parts of a single handcrafted product, but shall not mean bench-made beads, machine-made beads, or other machine-made components;
(7) Spin cast shall mean the casting of jewelry components other than findings by means of centrifugal force;
(8) Natural turquoise shall mean an unadulterated mineral consisting of hydrous basic copper aluminum phosphate which has not been chemically altered or discolored other than by natural alteration or discoloration; and
(9) Unnatural turquoise shall mean any mineral, compound, or substance which is not natural turquoise, including the following: Stabilized turquoise which is turquoise of a soft, porous nature which has been chemically hardened, but not adulterated so as to change the coloration of the natural mineral; treated turquoise which is turquoise which has been chemically altered to produce a change in the coloration of the natural mineral; reconstituted turquoise which is turquoise dust and particles which have been mixed with plastic resins and compressed into a solid form so as to resemble natural turquoise; imitation turquoise which is any artificial compound or other mineral manufactured or treated so as to closely resemble natural turquoise in composition and color; and any other mineral which is represented as turquoise but is not natural turquoise.
Source
Laws 1986, LB 275, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1805 - Supplier of turquoise; provide information.

69-1805.
Supplier of turquoise; provide information.
Any person engaged in supplying natural turquoise, unnatural turquoise, or both for use in the manufacture or production of American Indian arts and crafts or for sale to consumers shall provide accurate information concerning the source and quality of the turquoise being supplied.
Source
Laws 1986, LB 275, § 5.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1806 - Sellers; duties.

69-1806.
Sellers; duties.
Any person selling or offering for sale to consumers any American Indian arts and crafts shall make inquiry of manufacturers and producers of such arts and crafts concerning the methods and materials used in the manufacture and production of such arts and crafts for the purpose of determining whether such arts and crafts are authentic or imitation.
Source
Laws 1986, LB 275, § 6.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1807 - Prohibited acts.

69-1807.
Prohibited acts.
It shall be unlawful for any person engaged in the manufacture, production, wholesale selling, or retail selling of American Indian arts and crafts to:
(1) Sell or offer for sale any products as being authentic American Indian arts and crafts unless such products are made in accordance with the definition of authentic American Indian arts and crafts in the American Indian Arts and Crafts Sales Act;
(2) Sell or offer for sale any authentic American Indian arts and crafts purporting to be made of silver unless such products are made of coin silver or sterling silver;
(3) Sell or offer for sale any imitation American Indian arts and crafts unless such products are clearly designated as such by a tag attached to each product and containing the words Indian imitation in letters of a size of not less than fourteen-point type, except that if the imitation American Indian arts and crafts can be clearly labeled by the use of a display card in lieu of tagging each article, the person may label such arts and crafts with a printed display card in letters not less than one and one-half inches in height and containing the words Indian imitation;
(4) Sell or offer for sale spin-cast components of American Indian jewelry, except findings, or use such spin-cast components in jewelry unless such jewelry is stamped as being so cast in its manufacture; or
(5) Sell or offer for sale unnatural turquoise unless represented by a display card or tag as being unnatural turquoise.
Source
Laws 1986, LB 275, § 7.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1901 - Legislative intent.

69-1901.
Legislative intent.
The Legislature hereby finds that the state prohibits the use of smokeless tobacco products by minors and the furnishing of smokeless tobacco products to minors and that the enforcement of an age-related restriction on the promotional distribution of smokeless tobacco products is impractical and ineffective. It is the intent of the Legislature to control the distribution of these products and discourage illegal activity by prohibiting all promotional distribution.
Source
Laws 1989, LB 48, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1902 - Terms, defined.

69-1902.
Terms, defined.
For purposes of sections 69-1901 to 69-1904:
(1) Distribute shall mean to give smokeless tobacco products to the general public at no cost or at nominal cost or to give coupons or rebate offers with the products; and
(2) Smokeless tobacco product shall mean (a) loose tobacco or a flat compressed cake of tobacco that may be chewed or held in the mouth or (b) a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth.
Source
Laws 1989, LB 48, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1903 - Distribution for promotional purposes prohibited.

69-1903.
Distribution for promotional purposes prohibited.
(1) Manufacturers, wholesalers, or retailers, or their representatives, of smokeless tobacco products shall not distribute for promotional purposes.
(2) Evidence of distribution of smokeless tobacco products to the general public shall be prima facie evidence of distribution for promotional purposes.
Source
Laws 1989, LB 48, § 3.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-1904 - Enforcement; penalty.

69-1904.
Enforcement; penalty.
(1) The Attorney General shall apply for an injunction in the district court in the county in which any violation of section 69-1903 occurs to enjoin the defendant from engaging in any practice which violates such section. Notice shall be given by certified mail to the defendant at least five days prior to the hearing on such injunction.
(2) The Attorney General may bring a civil action against any person violating section 69-1903. A civil penalty shall be imposed on such person in an amount of five hundred dollars for the first offense and in an amount of not less than six hundred dollars nor more than three thousand dollars for a second or subsequent offense. Each distribution of a single package to an individual member of the general public shall be considered a separate violation under section 69-1903.
Source
Laws 1989, LB 48, § 4.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2006 - Recyclable, defined.

69-2006.
Recyclable, defined.
Recyclable shall mean suitable for any process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering or reusing the resources contained therein.
Source
Laws 1989, LB 325, § 6.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2008 - Beverage container connectors; requirements.

69-2008.
Beverage container connectors; requirements.
On and after January 1, 1991, a person shall not sell or offer for sale at retail any beverage for human consumption if the beverage container is connected to another beverage container by a device which is constructed of a material which is not biodegradable, photodegradable, or recyclable.
Source
Laws 1989, LB 325, § 8;
Laws 1992, LB 1257, § 72.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2009 - Garbage bags; requirements.

69-2009.
Garbage bags; requirements.
On and after January 1, 1992, a person shall not sell or offer for sale at retail any bag used for or intended to be used for grass clippings, garbage, yard waste, or leaves which is constructed of a material which is not biodegradable, photodegradable, or recyclable.
Source
Laws 1989, LB 325, § 9;
Laws 1992, LB 1257, § 73.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2010 - Grocery or shopping bags; requirements.

69-2010.
Grocery or shopping bags; requirements.
On and after January 1, 1992, a person shall not sell or offer for sale at retail any bag used for or intended to be used for groceries or shopping which is constructed of a material which is not biodegradable, photodegradable, or recyclable.
Source
Laws 1989, LB 325, § 10.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2011 - Disposable diapers; requirements; Director of Environment and Energy; duties.

69-2011.
Disposable diapers; requirements; Director of Environment and Energy; duties.
On and after October 1, 1993, a person shall not sell or offer for sale at retail any disposable diaper which is constructed of a material which is not biodegradable or photodegradable if the Director of Environment and Energy determines that biodegradable or photodegradable disposable diapers are readily available at a comparable price and quality. The determination of quality shall include a study of the environmental impact and fate of such disposable diapers. The director shall issue his or her determination to the Legislature on or before October 1, 1992. For purposes of this section (1) readily available shall mean available for purchase in sufficient quantities to meet demand through usual retail channels throughout the state and (2) comparable price and quality shall mean at a cost not in excess of five percent above the average price for products of comparable quality which are not biodegradable or photodegradable.
Source
Laws 1989, LB 325, § 11;
Laws 1993, LB 3, § 42;
Laws 2019, LB302, § 84.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2101 - Act, how cited.

69-2101.
Act, how cited.
Sections 69-2101 to 69-2119 shall be known and may be cited as the Consumer Rental Purchase Agreement Act.
Source
Laws 1989, LB 681, § 1;
Laws 1993, LB 111, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2102 - Legislative findings.

69-2102.
Legislative findings.
The Legislature finds that a significant number of consumers have sought to acquire ownership of personal property through consumer rental purchase agreements. Often consumer rental purchase agreements have been offered without adequate cost disclosures. It is the purpose of the Consumer Rental Purchase Agreement Act to assure meaningful disclosure of the terms of consumer rental purchase agreements, to make consumers aware of the total cost attendant with such agreements, to inform the consumer when ownership will transfer, and to assure accurate disclosures of rental purchase terms in advertising.
Source
Laws 1989, LB 681, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2107 - Agreements; prohibited provisions.

69-2107.
Agreements; prohibited provisions.
A consumer rental purchase agreement may not contain a provision:
(1) Requiring a confession of judgment;
(2) Requiring a garnishment of wages;
(3) Granting authorization to the lessor or a person acting on the lessor's behalf to enter unlawfully upon the consumer's premises or to commit any breach of the peace in the repossession of property;
(4) Requiring the consumer to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf in collection of payment under the consumer rental purchase agreement or in the repossession of property; or
(5) Requiring purchase of insurance from the lessor to cover the property.
Source
Laws 1989, LB 681, § 7.
2023 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.
2023 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.
2023 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.
2023 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, 2023, 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;
Laws 2022, LB707, § 46;
Laws 2023, LB92, § 79.
Operative Date: June 7, 2023
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2311 - Residential landlord; surrender personal property to residential tenant; conditions; applicability of section.

69-2311.
Residential landlord; surrender personal property to residential tenant; conditions; applicability of section.
A residential landlord shall surrender to a residential tenant or to a residential tenant's duly authorized representative any personal property not owned by the landlord which has been left on the premises after the tenant has vacated the residential premises and the return of which has been requested by the tenant or by the authorized representative of the tenant if:
(1) The tenant requests in writing, within fourteen days of vacating the premises, the surrender of the personal property and the request includes a description of the personal property held by the landlord and specifies the mailing address of the tenant;
(2) The landlord or the landlord's agent has control or possession of such personal property at the time the request is received;
(3) The tenant, prior to the surrender of the personal property by the landlord and upon written demand by the landlord, tenders payment of all reasonable costs associated with the landlord's removal and storage of the personal property. The landlord's demand for payment of reasonable costs associated with the removal and storage of personal property shall be in writing and shall either be mailed to the tenant at the address provided pursuant to subdivision (1) of this section or shall be personally presented to the tenant or to the tenant's authorized representative within five days after the actual receipt of the tenant's request for surrender of the personal property, unless the property is returned first. The demand shall itemize all charges, specifying the nature and amount of each item of cost; and
(4) The tenant agrees to claim and remove the personal property at a reasonable time mutually agreed upon by the landlord and tenant but not later than seventy-two hours after the tender provided for under subdivision (3) of this section.
This section shall not apply to the rental of a self-service storage unit or facility.
Source
Laws 1991, LB 36, § 11;
Laws 1993, LB 617, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2312 - Landlord retaining personal property; civil action authorized.

69-2312.
Landlord retaining personal property; civil action authorized.
Any landlord who retains personal property in violation of the Disposition of Personal Property Landlord and Tenant Act shall be liable to the tenant in a civil action for:
(1) Actual damages not to exceed the value of the personal property if such property is not surrendered: (a) Within a reasonable time after the tenant requests surrender of the personal property; or (b) if the landlord has demanded payment of reasonable costs associated with removal and storage and the tenant has complied with the requirements of section 69-2311. Three days shall be presumed to be a reasonable time in the absence of evidence to the contrary; and
(2) Reasonable attorney's fees and costs.
Source
Laws 1991, LB 36, § 12.
Annotations
Under this section, the phrase "value of the personal property" in its relation to "[a]ctual damages" is the fair market value of the property at the time the tenant's property is improperly detained by the landlord. Pan v. IOC Realty Specialist, 301 Neb. 256, 918 N.W.2d 273 (2018).
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2313 - Lost personal property; disposition; liability.

69-2313.
Lost personal property; disposition; liability.
Personal property which the landlord reasonably believes to have been lost shall be disposed of as otherwise provided by law, but if the appropriate law enforcement agency or other governmental agency refuses to accept custody of such property, the landlord may dispose of the property pursuant to the Disposition of Personal Property Landlord and Tenant Act. The landlord shall not be liable to the owner of the property if he or she disposes of such property in compliance with the act.
Source
Laws 1991, LB 36, § 13.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2314 - Remedy; not exclusive.

69-2314.
Remedy; not exclusive.
The remedy provided by the Disposition of Personal Property Landlord and Tenant Act shall not be exclusive and shall not preclude the landlord or the tenant from pursuing any other remedy provided by law.
Source
Laws 1991, LB 36, § 14.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2401 - Legislative findings and declarations.

69-2401.
Legislative findings and declarations.
The Legislature hereby finds and declares that the state has a valid interest in the regulation of the purchase, lease, rental, and transfer of handguns and that requiring a certificate prior to the purchase, lease, rental, or transfer of a handgun serves a valid public purpose.
Source
Laws 1991, LB 355, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2402 - Terms, defined.

69-2402.
Terms, defined.
For purposes of sections 69-2401 to 69-2425:
(1) Antique handgun or pistol means any handgun or pistol, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a handgun or pistol if such replica (a) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (b) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(2) Criminal history record check includes a check of the criminal history records of the Nebraska State Patrol and a check of the Federal Bureau of Investigation's National Instant Criminal Background Check System;
(3) Firearm-related disability means a person is not permitted to (a) purchase, possess, ship, transport, or receive a firearm under either state or federal law, (b) obtain a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404, or (c) obtain a permit to carry a concealed handgun under the Concealed Handgun Permit Act; and
(4) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand.
Source
Laws 1991, LB 355, § 25;
Laws 1996, LB 1055, § 2;
Laws 2006, LB 1227, § 1;
Laws 2011, LB512, § 2.
Cross References
Concealed Handgun Permit Act, see section 69-2427.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2403 - Sale, lease, rental, and transfer; certificate required; exceptions.

69-2403.
Sale, lease, rental, and transfer; certificate required; exceptions.
(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.
(2) The certificate shall not be required if:
(a) The person acquiring the handgun is a licensed firearms dealer under federal law;
(b) The handgun is an antique handgun;
(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;
(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or
(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.
Source
Laws 1991, LB 355, § 2;
Laws 2010, LB817, § 4.
Cross References
Concealed Handgun Permit Act, see section 69-2427.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2404 - Certificate; application; fee.

69-2404.
Certificate; application; fee.
Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. The application may be made in person or by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present a current Nebraska motor vehicle operator's license, state identification card, or military identification card, or if the application is made by mail, the application form shall describe the license or card used for identification and be notarized by a notary public who has verified the identification of the applicant through such a license or card. An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922. A fee of five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check.
Source
Laws 1991, LB 355, § 3;
Laws 2006, LB 1227, § 2;
Laws 2009, LB63, § 33.
Annotations
The applicant was prohibited from purchasing or possessing a handgun where his conviction for third degree assault met the criteria for domestic violence under federal law due to the circumstances of the offense. Scalise v. Davis, 312 Neb. 518, 980 N.W.2d 27 (2022).