Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-1440 Action for possession.
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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.
Neb. Rev. Stat. § 76-1441 Complaint for restitution; filing; contents.
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(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 …
Neb. Rev. Stat. § 76-1442 Summons; contents; issuance; service; when; affidavit of service.
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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 j…
Neb. Rev. Stat. § 76-1442.01 Summons; alternative method of service; affidavit; contents.
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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 cou…
Neb. Rev. Stat. § 76-1443 Continuance; when.
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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 r…
Neb. Rev. Stat. § 76-1444 Default of defendant.
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If the defendant shall not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present.
Neb. Rev. Stat. § 76-1445 Defendant may appear and answer.
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On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff, or counterclaim.
Neb. Rev. Stat. § 76-1446 Trial; judgment; limitation; writ of restitution; issuance.
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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 sh…
Neb. Rev. Stat. § 76-1447 Appeal; effect.
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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 gi…
Neb. Rev. Stat. § 76-1448 Act; applicability.
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The Uniform Residential Landlord and Tenant Act applies to rental agreements entered into or extended or renewed after July 1, 1975.
Neb. Rev. Stat. § 76-1449 Transactions entered into before effective date; effect.
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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.
Neb. Rev. Stat. § 76-1450 Act, how cited.
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Sections 76-1450 to 76-14,111 shall be known and may be cited as the Mobile Home Landlord and Tenant Act.
Neb. Rev. Stat. § 76-1451 Purposes; construction.
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(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…
Neb. Rev. Stat. § 76-1452 Supplementary principles of law applicable.
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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, …
Neb. Rev. Stat. § 76-1453 Remedies; administration and enforcement; duty to mitigate damages.
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(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 …
Neb. Rev. Stat. § 76-1454 Settlement of claim or right.
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A claim or right arising under the Mobile Home Landlord and Tenant Act or under a rental agreement may be settled by agreement.
Neb. Rev. Stat. § 76-1455 Public housing; not subject to act.
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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.
Neb. Rev. Stat. § 76-1456 Jurisdiction and service of process.
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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 Mobile Home Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act for a dwelling…
Neb. Rev. Stat. § 76-1457 Definitions, where found.
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As used in the Mobile Home Landlord and Tenant Act, unless the context otherwise requires, the definitions found in sections 76-1458 to 76-1471.01 shall apply.
Neb. Rev. Stat. § 76-1458 Business, defined.
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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 landlor…
Neb. Rev. Stat. § 76-1459 Dwelling unit, defined.
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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…
Neb. Rev. Stat. § 76-1460 Good faith, defined.
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Good faith shall mean honesty in fact in the conduct of the transaction concerned.
Neb. Rev. Stat. § 76-1461 Housing code, defined.
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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 limi…
Neb. Rev. Stat. § 76-1462 Landlord, defined.
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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.
Neb. Rev. Stat. § 76-1463 Mobile home, defined.
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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 …
Neb. Rev. Stat. § 76-1464 Mobile home park, defined.
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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 h…
Neb. Rev. Stat. § 76-1465 Mobile home space, defined.
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Mobile home space shall mean a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.
Neb. Rev. Stat. § 76-1466 Owner, defined.
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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 possessi…
Neb. Rev. Stat. § 76-1467 Rent, defined.
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Rent shall mean a payment to be made to a landlord pursuant to a rental agreement.
Neb. Rev. Stat. § 76-1468 Rental agreement, defined.
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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.
Neb. Rev. Stat. § 76-1469 Rental deposit, defined.
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Rental deposit shall mean a deposit of money to secure performance of a mobile home space rental agreement other than a deposit which is exclusively an advance payment of rent.
Neb. Rev. Stat. § 76-1470 Sublessee, defined.
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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.
Neb. Rev. Stat. § 76-1471 Tenant, defined.
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Tenant shall mean an owner of a mobile home who leases or rents space in a mobile home park, but shall not include a person who rents or leases a mobile home.
Neb. Rev. Stat. § 76-1471.01 Writing or written, defined.
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Writing or written, when used in reference to a notice or document to be provided by or to a landlord or tenant, includes a notice or document provided by electronic means in accordance with section 76-1474.
Neb. Rev. Stat. § 76-1472 Obligation of good faith.
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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.
Neb. Rev. Stat. § 76-1473 Unconscionability.
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(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 applicat…
Neb. Rev. Stat. § 76-1474 Notice; give; receive; notice or document; means of delivery.
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(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 perso…
Neb. Rev. Stat. § 76-1475 Terms and conditions of rental agreement.
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(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 r…
Neb. Rev. Stat. § 76-1476 Mobile home space improvements; ownership; duty of tenant.
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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 dispose…
Neb. Rev. Stat. § 76-1477 Prohibited provisions in oral rental agreements.
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(1) Unless otherwise agreed in writing between the landlord and tenant, an oral rental agreement may not provide that the tenant or landlord: (a) Agrees to waive or to forego rights or remedies under the Mobile Home Landlord and Tenant Act; (b) Agrees to pay the other party's att…
Neb. Rev. Stat. § 76-1478 Receipt of rent free of obligation; prohibited.
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A rental agreement, assignment, conveyance, trust deed, or security instrument may not permit the receipt of rent free of the obligation to comply with section 76-1492.
Neb. Rev. Stat. § 76-1479 Disclosure.
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A landlord may offer a tenant the opportunity to sign a written rental agreement for a mobile home space. 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 entering into the rental agre…
Neb. Rev. Stat. § 76-1480 Failure to disclose; effect.
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A person who fails to disclose as required by section 76-1479 shall be deemed an agent of the landlord for the purpose of: (1) Service of process and receiving and receipting for notices and demands; and (2) Performing the obligations of the landlord under the Mobile Home Landlor…
Neb. Rev. Stat. § 76-1481 Written rental agreement; delivery.
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If there is a written rental agreement, the landlord shall tender and deliver a signed copy of the rental agreement to the tenant and the tenant shall sign and deliver to the landlord one fully executed copy of the rental agreement. Failure to comply with this section shall be de…
Neb. Rev. Stat. § 76-1482 Explanation of utility charges and services; required; when.
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The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall provide a written explanation of utility rates, charges, and services to the prospective tenant before the rental agreement is signed unless the utility charges are to be paid by…
Neb. Rev. Stat. § 76-1483 Rental deposit; limitation.
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A landlord shall not demand or receive as rental deposit an amount or value in excess of one month's periodic rent.
Neb. Rev. Stat. § 76-1484 Rental deposit; how handled.
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All rental deposits shall be held by the landlord for the tenant. Rental deposits may be held in a trust account, which may be a common trust account and which may be an interest-bearing account. Any interest earned on a rental deposit shall be the property of the landlord.
Neb. Rev. Stat. § 76-1485 Rental deposit; return; withholdings; considered abandoned property; when.
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(1) A landlord shall, within fourteen days from the date of termination of the tenancy, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding all or any portion of the rental deposit. If no mailing address…
Neb. Rev. Stat. § 76-1486 Rental deposit; failure to provide written statement; effect.
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A landlord who fails to provide a written statement as required by section 76-1485 shall forfeit all rights to withhold any portion of the rental deposit.
Neb. Rev. Stat. § 76-1487 Termination of landlord's interest in park; deposit; how treated.
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Upon termination of a landlord's interest in a mobile home park, the landlord or his or her agent shall, within a reasonable time, (1) transfer the rental deposit, or any remainder after any lawful deductions, to the landlord's successor in interest and notify the tenant in writi…