reglab/statecodes huggingface dataset:
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1437 - Periodic tenancy; holdover remedies.

76-1437.
Periodic tenancy; holdover remedies.
(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
(3) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount not more than three months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, subsection (4) of section 76-1414 applies.
Source
Laws 1974, LB 293, § 37.
Annotations
An action to recover possession of real property from a tenant who remains in possession without the landlord's consent after a lease has expired or been terminated under this section is an action for the possession of real property and is therefore subject to the 10-year statute of limitations for the possession of real property as provided in section 25-202. A cause of action to recover possession of real property from a tenant under this section accrues at the point the lease expires or is terminated and the tenant remains in possession of the property without the consent of the landlord. Blankenau v. Landess, 261 Neb. 906, 626 N.W.2d 588 (2001).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1438 - Landlord and tenant remedies for abuse of access or entry.

76-1438.
Landlord and tenant remedies for abuse of access or entry.
(1) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees.
(2) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees.
Source
Laws 1974, LB 293, § 38.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1439 - Retaliatory conduct prohibited.

76-1439.
Retaliatory conduct prohibited.
(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:
(a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or
(b) The tenant has organized or become a member of a tenants' union or similar organization.
(2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1).
(3) Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if:
(a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent;
(b) The tenant is in default in rent; or
(c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.
The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425.
Source
Laws 1974, LB 293, § 39.
Annotations
A separate action for termination of a rental agreement is not a prerequisite to termination under this section. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1440 - Action for possession.

76-1440.
Action for possession.
An action for possession of any premises subject to the Uniform Residential Landlord and Tenant Act shall be commenced in the manner described by sections 76-1440 to 76-1447.
Source
Laws 1974, LB 293, § 40;
Laws 1991, LB 324, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1441 - Complaint for restitution; filing; contents.

76-1441.
Complaint for restitution; filing; contents.
(1) The person seeking possession shall file a complaint for restitution with the clerk of the district or county court. The complaint shall contain (a) the specific statutory authority under which possession is sought; (b) the facts, with particularity, on which he or she seeks to recover; (c) a reasonably accurate description of the premises; and (d) the requisite compliance with the notice provisions of the Uniform Residential Landlord and Tenant Act. The complaint may notify the tenant that personal property remains on the premises and that it may be disposed of pursuant to section 69-2308 or subsection (5) of section 76-1414. The complaint may also contain other causes of action relating to the tenancy, but such causes of action shall be answered and tried separately, if requested by either party in writing.
(2) The person seeking possession pursuant to subsection (4) of section 76-1431 shall include in the complaint the incident or incidents giving rise to the suit for recovery of possession.
Source
Laws 1974, LB 293, § 41;
Laws 1984, LB 13, § 85;
Laws 1995, LB 175, § 2;
Laws 2002, LB 876, § 81;
Laws 2016, LB221, § 5;
Laws 2021, LB320, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1442 - Summons; contents; issuance; service; when; affidavit of service.

76-1442.
Summons; contents; issuance; service; when; affidavit of service.
The summons shall be issued and directed, with a copy of the complaint attached thereto, and shall state the cause of the complaint, the time and place of trial of the action for possession, answer day for other causes of action, and notice that if the defendant fails to appear judgment shall be entered against him or her. The summons may be served and returned as in other cases or by any person, except that the summons shall be served within three days, excluding nonjudicial days, from the date of issuance and shall be returnable within five days, excluding nonjudicial days, from the date of issuance. The person making the service shall file with the court an affidavit stating with particularity the manner in which he or she made the service. If diligent efforts have been made to serve the summons in the manner provided in sections 25-505.01 to 25-516.01 but such efforts were unsuccessful, the summons may be served in the manner provided in section 76-1442.01.
Source
Laws 1974, LB 293, § 42;
Laws 1976, LB 858, § 1;
Laws 1991, LB 324, § 3;
Laws 1995, LB 52, § 1;
Laws 2002, LB 876, § 82;
Laws 2003, LB 760, § 18.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1442.01 - Summons; alternative method of service; affidavit; contents.

76-1442.01.
Summons; alternative method of service; affidavit; contents.
When authorized by section 76-1442, service of a summons issued under such section may be made by posting a copy on the front door of the dwelling unit and mailing a copy by first-class mail to the defendant's last-known address. The plaintiff shall file an affidavit with the court describing the diligent efforts made to serve the summons in the manner provided in sections 25-505.01 to 25-516.01, the reasons why such service was unsuccessful, and that service was made by posting the summons on the front door of the dwelling unit and mailing a copy by first-class mail to the defendant's last-known address.
Source
Laws 1991, LB 324, § 4;
Laws 2021, LB320, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1443 - Continuance; when.

76-1443.
Continuance; when.
The court may grant a continuance for good cause shown by either party, but no subsequent continuance shall be granted except by agreement or unless extraordinary cause be shown to the court. For any subsequent continuance extending the initial trial date into the next periodic rental period, the court may require a tenant to deposit with the clerk of the court such rental payments as accrue during the pendency of the suit.
Source
Laws 1974, LB 293, § 43;
Laws 2021, LB320, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1446 - Trial; judgment; limitation; writ of restitution; issuance.

76-1446.
Trial; judgment; limitation; writ of restitution; issuance.
Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury. If the plaintiff serves the summons in the manner provided in section 76-1442.01, the action shall proceed as other actions for possession except that a money judgment shall not be granted for the plaintiff. If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution. The plaintiff shall comply with the Disposition of Personal Property Landlord and Tenant Act and subsection (5) of section 76-1414 in the removal of personal property remaining on the premises at the time possession of the premises is restored.
Source
Laws 1974, LB 293, § 46;
Laws 1976, LB 858, § 2;
Laws 1995, LB 52, § 2;
Laws 1995, LB 175, § 3;
Laws 2016, LB221, § 6.
Cross References
Disposition of Personal Property Landlord and Tenant Act, see section 69-2301.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1447 - Appeal; effect.

76-1447.
Appeal; effect.
If either party feels aggrieved by the judgment, he may appeal as in other civil actions. An appeal by the defendant shall stay the execution of any writ of restitution, so long as the defendant deposits with the clerk of the district court the amount of judgment and costs, or gives an appeal bond with surety therefor, and thereafter pays into court, on a monthly basis, an amount equal to the monthly rent called for by the rental agreement at the time the complaint was filed.
Source
Laws 1974, LB 293, § 47.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1448 - Act; applicability.

76-1448.
Act; applicability.
The Uniform Residential Landlord and Tenant Act applies to rental agreements entered into or extended or renewed after July 1, 1975.
Source
Laws 1974, LB 293, § 49;
Laws 2001, LB 7, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1449 - Transactions entered into before effective date; effect.

76-1449.
Transactions entered into before effective date; effect.
Transactions entered into before July 12, 1974, and not extended or renewed after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted prior to July 12, 1974.
Source
Laws 1974, LB 293, § 50.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1451 - Purposes; construction.

76-1451.
Purposes; construction.
(1) The Mobile Home Landlord and Tenant Act shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of the Mobile Home Landlord and Tenant Act are:
(a) To simplify, clarify, and establish the law governing the rental of mobile home spaces and the rights and obligations of landlord and tenant; and
(b) To encourage landlord and tenant to maintain and improve the quality of mobile home living.
Source
Laws 1984, LB 916, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1452 - Supplementary principles of law applicable.

76-1452.
Supplementary principles of law applicable.
Unless displaced by the provisions of the Mobile Home Landlord and Tenant Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement the provisions of the act.
Source
Laws 1984, LB 916, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1453 - Remedies; administration and enforcement; duty to mitigate damages.

76-1453.
Remedies; administration and enforcement; duty to mitigate damages.
(1) The remedies provided by the Mobile Home Landlord and Tenant Act shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party shall have a duty to mitigate damages.
(2) Any right or obligation declared by the Mobile Home Landlord and Tenant Act shall be enforceable by action unless the provision declaring it specifies a different and limited effect.
Source
Laws 1984, LB 916, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1455 - Public housing; not subject to act.

76-1455.
Public housing; not subject to act.
The Mobile Home Landlord and Tenant Act shall not apply to an occupancy in or operation of public housing as authorized, provided, or conducted pursuant to any federal law or regulation with which the act might conflict.
Source
Laws 1984, LB 916, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1456 - Jurisdiction and service of process.

76-1456.
Jurisdiction and service of process.
The district or county court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by the Mobile Home Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act for a dwelling unit located within its jurisdictional boundaries. Service outside this state may be made in the manner provided in section 25-540.
Source
Laws 1984, LB 916, § 7;
Laws 1986, LB 750, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1457 - Definitions, where found.

76-1457.
Definitions, where found.
As used in the Mobile Home Landlord and Tenant Act, unless the context otherwise requires, the definitions found in sections 76-1458 to 76-1471 shall apply.
Source
Laws 1984, LB 916, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1458 - Business, defined.

76-1458.
Business, defined.
Business shall mean a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity which is a landlord, owner, manager, or deemed to be an agent pursuant to section 76-1480.
Source
Laws 1984, LB 916, § 9;
Laws 1993, LB 121, § 485.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1459 - Dwelling unit, defined.

76-1459.
Dwelling unit, defined.
Dwelling unit shall mean a mobile home or the part of a mobile home that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household but shall not include any real property used to accommodate a mobile home.
Source
Laws 1984, LB 916, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1461 - Housing code, defined.

76-1461.
Housing code, defined.
Housing code shall include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. Minimum housing code shall be limited to those laws, resolutions, ordinances, or regulations, or portions thereof, dealing specifically with health and minimum standards of fitness for habitation.
Source
Laws 1984, LB 916, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1462 - Landlord, defined.

76-1462.
Landlord, defined.
Landlord shall mean the mobile home park owner and any agent authorized to act on the owner's behalf in matters relating to tenancy in the park and shall include the manager of a mobile home park who fails to disclose as required by sections 76-1479 to 76-1482.
Source
Laws 1984, LB 916, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1463 - Mobile home, defined.

76-1463.
Mobile home, defined.
Mobile home shall mean a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in section 71-4603.
Source
Laws 1984, LB 916, § 14;
Laws 1985, LB 313, § 25.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1464 - Mobile home park, defined.

76-1464.
Mobile home park, defined.
Mobile home park shall mean a parcel or contiguous parcels of land which have been so designated and improved that the parcel or parcels contain two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. The term mobile home park shall not be construed to include mobile homes, buildings, tents, or other structures temporarily maintained by any individual, corporation, company, or other entity on its own premises and used exclusively to house its own labor force, and shall not include real property which is rented or held out for rent for seasonal recreational purposes only and which is not intended for year-round occupancy.
Source
Laws 1984, LB 916, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1466 - Owner, defined.

76-1466.
Owner, defined.
Owner shall mean one or more persons, jointly or severally, in whom are vested (a) all or a part of the legal title to property or (b) all or part of the beneficial ownership and a right to present use and enjoyment of a mobile home park, and shall include a mortgagee in possession.
Source
Laws 1984, LB 916, § 17.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1468 - Rental agreement, defined.

76-1468.
Rental agreement, defined.
Rental agreement shall mean any agreement, written or implied by law, and any rules and regulations adopted pursuant to section 76-1494 which constitute the terms and conditions concerning the use and occupancy of a mobile home space.
Source
Laws 1984, LB 916, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1470 - Sublessee, defined.

76-1470.
Sublessee, defined.
Sublessee shall mean any person who rents or leases a mobile home from a tenant, but shall not include a person who rents or leases a space in a mobile home park. A tenant-sublessee relationship shall be governed by the Uniform Residential Landlord and Tenant Act.
Source
Laws 1984, LB 916, § 21.
Cross References
Uniform Residential Landlord and Tenant Act, see section 76-1401.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1472 - Obligation of good faith.

76-1472.
Obligation of good faith.
Every duty under the Mobile Home Landlord and Tenant Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the act shall impose an obligation of good faith in its performance or enforcement.
Source
Laws 1984, LB 916, § 23.
2023 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.
2023 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.
2023 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.
2023 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.