Chapter 69, PERSONAL PROPERTY
270 sections in this chapter.
Neb. Rev. Stat. § 69-2002 Definitions, where found.
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For purposes of the Degradable Products Act, the definitions found in sections 69-2003 to 69-2007 shall be used.
Neb. Rev. Stat. § 69-2003 Biodegradable, defined.
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Biodegradable shall mean degradable through a process by which fungi or bacteria secrete enzymes to convert a complex molecular structure to simple gases and organic compounds.
Neb. Rev. Stat. § 69-2004 Degradable, defined.
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Degradable shall mean capable of decomposing or deteriorating through a natural chemical process into harmless components after exposure to natural elements for not more than one year.
Neb. Rev. Stat. § 69-2005 Photodegradable, defined.
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Photodegradable shall mean degradable through a process in which ultraviolet radiation in sunlight causes a chemical change in a material.
Neb. Rev. Stat. § 69-2006 Recyclable, defined.
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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.
Neb. Rev. Stat. § 69-2007 Retail, defined.
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Retail shall mean sale for use or consumption and not for resale in any form.
Neb. Rev. Stat. § 69-2008 Beverage container connectors; requirements.
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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…
Neb. Rev. Stat. § 69-2009 Garbage bags; requirements.
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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.
Neb. Rev. Stat. § 69-201 Pawnbroker, defined.
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Any person engaged in the business of lending money upon chattel property for security and requiring possession of the property so mortgaged on condition of returning the same upon payment of a stipulated amount of money, or purchasing property on condition of selling it back at …
Neb. Rev. Stat. § 69-2010 Grocery or shopping bags; requirements.
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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.
Neb. Rev. Stat. § 69-2011 Disposable diapers; requirements; Director of Water, Energy, and Environment; duties.
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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 Water, Energy, and Environment determines that biodegradable or photodegrada…
Neb. Rev. Stat. § 69-2012 Violations; penalty.
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Any person violating sections 69-2008 to 69-2011 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 69-202 Permit required; fees; application, contents; issuance; bond.
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Every person engaged in the business of pawnbroking shall pay to the city or village treasurer for a permit to carry on business the sum of one hundred dollars per year or fifty dollars for every six months, in metropolitan cities, but in all other cities or villages the sum of f…
Neb. Rev. Stat. § 69-203 Permit; business location; prohibited activities.
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No person shall be allowed to do business in more than one location under one permit. Each permit shall state the place where such business is to be carried on, and shall not be assigned. Goods, wares, and merchandise shall be kept or stored only at those locations specifically l…
Neb. Rev. Stat. § 69-204 Records required; inspection; stolen property; procedures.
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All persons who shall be engaged in the business of pawnbrokers, dealers in secondhand goods, or junk dealers, shall keep a ledger and complete a card, to be furnished by the city or village, on which shall be legibly written in ink, at the time of any loan or purchase, the follo…
Neb. Rev. Stat. § 69-205 Reports to police; when required.
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It shall be the duty of every such pawnbroker, dealer in secondhand goods, or junk dealer, every day except Sunday before the hour of 12 noon, to deliver to the police department of the municipality where said business is located, or if the municipality does not have a police dep…
Neb. Rev. Stat. § 69-206 Pawned or secondhand goods; restrictions on disposition; jewelry defined.
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No personal property received or purchased by any pawnbroker, dealer in secondhand goods, or junk dealer, shall be sold or permitted to be taken from the place of business of such person for fourteen days after the copy of the card or ledger entry required to be delivered to the …
Neb. Rev. Stat. § 69-208 Violation; penalty; permit; suspension or revocation; procedure.
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Every broker, agent, or dealer mentioned in sections 69-201 to 69-210 who shall violate any of the provisions thereof, shall be guilty of a Class V misdemeanor. In addition, any permit issued pursuant to section 69-202 may be revoked or suspended if the holder of such permit viol…
Neb. Rev. Stat. § 69-209 Pawnbroker; limitation on sale of goods.
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It shall be unlawful for any pawnbroker to sell any goods purchased or received as described in section 69-201, during the period of four months from the date of purchasing or receiving such goods.
Neb. Rev. Stat. § 69-210 Pawnbrokers; customer fingerprint required; restrictions on property accepted.
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(1) All persons who shall be engaged in the business of pawnbroker shall, in addition to the requirements of section 69-204, obtain and keep a single legible fingerprint of each person pawning, pledging, mortgaging, or selling any goods or articles. The fingerprint shall be taken…
Neb. Rev. Stat. § 69-2101 Act, how cited.
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Sections 69-2101 to 69-2119 shall be known and may be cited as the Consumer Rental Purchase Agreement Act.
Neb. Rev. Stat. § 69-2102 Legislative findings.
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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 …
Neb. Rev. Stat. § 69-2103 Terms, defined.
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For purposes of the Consumer Rental Purchase Agreement Act: (1) Advertisement means a commercial message in any medium that aids, promotes, or assists directly or indirectly a consumer rental purchase agreement but does not include in-store merchandising aids such as window signs…
Neb. Rev. Stat. § 69-2104 Lessor; disclosures required.
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(1) Before entering into any consumer rental purchase agreement, the lessor shall disclose to the consumer the following items as applicable: (a) A brief description of the leased property sufficient to identify the property to the consumer and lessor; (b) The number, amount, and…
Neb. Rev. Stat. § 69-2105 Disclosures; how made; rules and regulations; agreement; contents.
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(1) In a consumer rental purchase agreement involving more than one consumer, a lessor need disclose the items required by the Consumer Rental Purchase Agreement Act to only one of the consumers who is primarily obligated. In a consumer rental purchase agreement involving more th…
Neb. Rev. Stat. § 69-2106 Written receipt; required; when.
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The lessor shall furnish the consumer upon request with an itemized written receipt for payment in cash or any other method of payment which itself does not provide evidence of payment.
Neb. Rev. Stat. § 69-2107 Agreements; prohibited provisions.
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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 t…
Neb. Rev. Stat. § 69-2108 Agreement; contents.
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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…
Neb. Rev. Stat. § 69-2109 Lessor; prohibited acts.
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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 …
Neb. Rev. Stat. § 69-2110 Fees; deposits; charges.
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(1) The lessor may contract for and receive: (a) An initial nonrefundable administrative fee of not more than ten dollars; (b) A security deposit, if the amount of the deposit and the conditions under which all or a part of the deposit will be returned is disclosed with the discl…
Neb. Rev. Stat. § 69-2111 Renegotiation; when; extension; effect.
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(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 in…
Neb. Rev. Stat. § 69-2112 Advertisement; requirements.
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(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 i…
Neb. Rev. Stat. § 69-2113 Lessor; liability; offset, not permitted; lessor; preserve evidence.
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(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 acti…
Neb. Rev. Stat. § 69-2114 Actions; statute of limitations.
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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 …
Neb. Rev. Stat. § 69-2115 Lessor; not liable; when.
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(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 …
Neb. Rev. Stat. § 69-2116 Director of Banking and Finance; investigations; other proceedings; powers.
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(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 t…
Neb. Rev. Stat. § 69-2117 Cease and desist order; fine; injunction; procedures; appeal.
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(1) The Director of Banking and Finance may summarily order a lessor to cease and desist from the use of certain forms or practices relating to consumer rental purchase agreements if he or she finds that (a) there has been a substantial failure to comply with any of the provision…
Neb. Rev. Stat. § 69-2118 Examination of books and records.
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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.
Neb. Rev. Stat. § 69-2119 Personal jurisdiction over lessor.
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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…
Neb. Rev. Stat. § 69-2201 Unsolicited goods or merchandise; disposal.
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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 merchand…
Neb. Rev. Stat. § 69-2301 Act, how cited.
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Sections 69-2301 to 69-2314 shall be known and may be cited as the Disposition of Personal Property Landlord and Tenant Act.
Neb. Rev. Stat. § 69-2302 Terms, defined.
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For purposes of the Disposition of Personal Property Landlord and Tenant Act: (1) Landlord means the owner, lessor, or sublessor of furnished or unfurnished premises, including self-service storage units or facilities, for rent or his or her agent or successor in interest; (2) Mo…
Neb. Rev. Stat. § 69-2303 Personal property remaining on premises; landlord; duties; notice; contents; delivery.
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(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) o…
Neb. Rev. Stat. § 69-2304 Notice; statement required.
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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 a…
Neb. Rev. Stat. § 69-2305 Notice; form.
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(1) A notice given to a former tenant which is in substantially the following form shall satisfy the requirements of section 69-2303: Notice of Right to Reclaim Abandoned Property To: ................................................. (Name of former tenant) ......................…
Neb. Rev. Stat. § 69-2306 Landlord; property; removal and storage; liability.
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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 shal…
Neb. Rev. Stat. § 69-2307 Landlord; release of personal property; when.
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(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 pr…
Neb. Rev. Stat. § 69-2308 Sale of personal property; when required; notice of sale; requirements; disposition of proceeds.
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(1) If the personal property is not released pursuant to section 69-2307, it shall be sold at public sale by competitive bidding, except that if the landlord reasonably believes that the total resale value of the property not released is less than two thousand dollars, he or she …
Neb. Rev. Stat. § 69-2309 Release or disposition of personal property; liability of landlord.
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(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 …
Neb. Rev. Stat. § 69-2310 Costs of storage; how assessed.
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(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 …