Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-1310 Annual report; contents.
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Within thirty days after each annual anniversary date of an order registering a retirement subdivision or community, the developer or managing agent of such lands shall file a report in the form prescribed by the rules of the agency. The report shall include current audited finan…
Neb. Rev. Stat. § 76-1311 Rules and regulations; investigations.
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The agency shall adopt, amend, or repeal such rules and regulations as are necessary for the enforcement of the provisions of sections 76-1301 to 76-1315, in accordance with the Administrative Procedure Act, regarding the adoption of such rules and regulations. The agency shall t…
Neb. Rev. Stat. § 76-1312 Agency; powers.
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(1) The agency may: (a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate the provisions of sections 76-1301 to 76-1315 or any rule or order under the provisions of sections 76-1301 …
Neb. Rev. Stat. § 76-1313 Developer or association; representatives on governing body; separate advisory committee; selection; powers.
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(1) When the developer or association of a Nebraska retirement subdivision or community is incorporated or has a certificate of authority to transact business under Nebraska statutes as a nonprofit corporation and such corporation governs the management of only one retirement sub…
Neb. Rev. Stat. § 76-1314 Agency order; appeal.
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An order of the agency which has become final may be appealed in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 76-1315 Prohibited acts; violations; penalty; injunction; cease and desist order.
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(1) A developer, agent, managing agent, or association, or any other person subject to sections 76-1301 to 76-1315, shall not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or p…
Neb. Rev. Stat. § 76-14 Landlord; removal or exclusion of tenant; failure to supply services; tenant; remedies.
Neb. Rev. Stat. § 76-1401 Act, how cited.
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Sections 76-1401 to 76-1449 shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.
Neb. Rev. Stat. § 76-1402 Purposes; rules of construction.
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(1) The Uniform Residential Landlord and Tenant Act shall be liberally construed and applied to promote its underlying purposes and policies. (2) Underlying purposes and policies of the act are: (a) To simplify, clarify, modernize, and revise the law governing the rental of dwell…
Neb. Rev. Stat. § 76-1403 Supplementary principles of law applicable.
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Unless displaced by the provisions of the Uniform Residential 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, es…
Neb. Rev. Stat. § 76-1404 Construction against implicit repeal.
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The Uniform Residential Landlord and Tenant Act being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Neb. Rev. Stat. § 76-1405 Remedies; administration and enforcement; duty to mitigate damages.
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(1) The remedies provided by the Uniform Residential Landlord and Tenant Act shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. (2) Any right or obligation declared by the Uniform Residential Land…
Neb. Rev. Stat. § 76-1406 Settlement; authorized.
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A claim or right arising under the Uniform Residential Landlord and Tenant Act or on a rental agreement may be settled by agreement.
Neb. Rev. Stat. § 76-1407 Jurisdiction; territorial application.
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The Uniform Residential Landlord and Tenant Act applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
Neb. Rev. Stat. § 76-1408 Exclusions from application of act.
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Unless created to avoid the application of the Uniform Residential Landlord and Tenant Act, the following arrangements are not governed by the act: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, …
Neb. Rev. Stat. § 76-1409 Courts; jurisdiction.
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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 Uniform Residential Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act for a …
Neb. Rev. Stat. § 76-1410 Terms, defined.
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Subject to additional definitions contained in the Uniform Residential Landlord and Tenant Act and unless the context otherwise requires: (1) Act of domestic violence means abuse as defined in section 42-903, sexual assault under sections 28-319 to 28-320.01, domestic assault und…
Neb. Rev. Stat. § 76-1411 Obligation of good faith.
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Every duty under the Uniform Residential 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 imposes an obligation of good faith in its performance or enforcement.
Neb. Rev. Stat. § 76-1412 Unconscionability.
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(1) If the court, as a matter of law, finds that a rental agreement or any provision thereof 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 u…
Neb. Rev. Stat. § 76-1413 Notice; give; receive; notice or document; means of delivery.
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(1) A person has notice of a fact if: (a) Such person has actual knowledge of it; (b) Such person has received a notice or notification of it; or (c) From all facts and circumstances known to such person at the time in question, such person has reason to know that it exists. A pe…
Neb. Rev. Stat. § 76-1414 Terms and conditions of rental agreement; death of tenant; removal of personal property; liability.
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(1) The landlord and tenant may include in a rental agreement terms and conditions not prohibited by the Uniform Residential 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 partie…
Neb. Rev. Stat. § 76-1415 Prohibited provisions in rental agreements.
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(1) No rental agreement may provide that the tenant: (a) Agrees to waive or to forego rights or remedies under the Uniform Residential Landlord and Tenant Act; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) Agrees to pay the land…
Neb. Rev. Stat. § 76-1416 Security deposits; prepaid rent.
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(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsecti…
Neb. Rev. Stat. § 76-1417 Disclosure.
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(1) The landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: (a) The person authorized to manage the premises; and (b) An owner of the …
Neb. Rev. Stat. § 76-1418 Landlord to supply possession of dwelling unit.
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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…
Neb. Rev. Stat. § 76-1419 Landlord to maintain fit premises.
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(1) The landlord shall: (a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety; (b) Make all repairs and do whatever is necessary, after written or actual notice, to put and ke…
Neb. Rev. Stat. § 76-1420 Limitation of liability.
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(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 ev…
Neb. Rev. Stat. § 76-1421 Tenant to maintain dwelling unit.
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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…
Neb. Rev. Stat. § 76-1422 Rules and regulations.
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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, saf…
Neb. Rev. Stat. § 76-1423 Access.
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(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 …
Neb. Rev. Stat. § 76-1424 Tenant to use and occupy.
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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 extend…
Neb. Rev. Stat. § 76-1425 Noncompliance by landlord.
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(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…
Neb. Rev. Stat. § 76-1426 Failure to deliver possession.
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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 termi…
Neb. Rev. Stat. § 76-1427 Wrongful failure to supply heat, water, hot water, or essential services.
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(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 a…
Neb. Rev. Stat. § 76-1428 Landlord's noncompliance as defense to action for possession.
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(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 t…
Neb. Rev. Stat. § 76-1429 Fire or casualty damage.
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(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 …
Neb. Rev. Stat. § 76-1430 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.
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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 possessio…
Neb. Rev. Stat. § 76-1431 Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers; exceptions.
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(1) Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a noncompliance with section 76-1421 materially affecting health and safety or a material noncompliance by the tenant with the rental agreement or any separate agreement, the landlord may deliv…
Neb. Rev. Stat. § 76-1431.01 Tenant; victim of an act of domestic violence; release from rental agreement; conditions; effect.
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(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 simila…
Neb. Rev. Stat. § 76-1431.02 Act of domestic violence; rental agreement; removal of perpetrator; exclusion from premises; procedure; effect; liability of landlord.
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(1) When an act of domestic violence is perpetrated against a tenant or household member by another cotenant or occupant of the same dwelling unit, the tenant may have the perpetrator removed from the rental agreement and, if needed, excluded from the premises if the tenant or ho…
Neb. Rev. Stat. § 76-1431.03 Act of domestic violence; change of locks; requirements.
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(1) When an act of domestic violence is perpetrated against a tenant or household member by someone who is not a cotenant or occupant of the same dwelling unit, the tenant may require the landlord to change the lock to the tenant's dwelling unit pursuant to section 76-1431.04 if …
Neb. Rev. Stat. § 76-1431.04 Act of domestic violence; change of locks; landlord; duties; failure; tenant's remedies.
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(1) A landlord required to change locks under section 76-1431.02 or 76-1431.03 shall do so by either: (a) Replacing the entire locking mechanism with a locking mechanism of equal or better quality than the lock being replaced; or (b) If the lock is in good working condition: (i) …
Neb. Rev. Stat. § 76-1432 Remedies for absence, nonuse, and abandonment.
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(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 an…
Neb. Rev. Stat. § 76-1433 Waiver of landlord's right to terminate.
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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 …
Neb. Rev. Stat. § 76-1434 Landlord liens; distraint of property; prohibited.
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(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.
Neb. Rev. Stat. § 76-1435 Remedy for termination.
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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.
Neb. Rev. Stat. § 76-1436 Recovery of possession limited.
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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 aband…
Neb. Rev. Stat. § 76-1437 Periodic tenancy; holdover remedies.
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(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…
Neb. Rev. Stat. § 76-1438 Landlord and tenant remedies for abuse of access or entry.
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(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 …
Neb. Rev. Stat. § 76-1439 Retaliatory conduct prohibited.
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(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 o…