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953 sections in this chapter.
Neb. Rev. Stat. § 76-1493 Tenant; duties.
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A tenant shall maintain his or her mobile home space in as good a condition as when the tenant took possession and shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of city, county, and state housing codes materially affecting health a…
Neb. Rev. Stat. § 76-1494 Landlord; rules and regulations.
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A landlord may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the mobile home park. The rules and regulations shall be enforceable against the tenant only if they are written and if: (1) Their purpose is to promote the convenience, saf…
Neb. Rev. Stat. § 76-1495 Landlord; prohibited acts.
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A landlord may not: (1) Deny rental on the basis of race, color, religion, sex, national origin, or military or veteran status; (2) Require any person, as a precondition to renting, leasing, or otherwise occupying or removing from a mobile home space in a mobile home park, to pay…
Neb. Rev. Stat. § 76-1496 Landlord; access.
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(1) A landlord shall not have the right of access to a mobile home owned by a tenant unless such access is necessary to prevent substantial damage to the mobile home space or is in response to an emergency situation. (2) A landlord may at reasonable times enter onto a mobile home…
Neb. Rev. Stat. § 76-1497 Tenant; authority to rent to another.
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A tenant may rent the mobile home to another only upon written agreement with the mobile home park management. The landlord may require a guarantee from the tenant for the sublessee's mobile home space rent.
Neb. Rev. Stat. § 76-1498 Noncompliance by landlord; tenant's rights.
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(1) If there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 76-1492 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and…
Neb. Rev. Stat. § 76-1499 Landlord; failure to deliver possession; remedies.
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If a landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 76-1491, rent shall abate until possession is delivered and the tenant may: (1) Upon written notice to the landlord, terminate the rental agreement and upon terminatio…
Neb. Rev. Stat. § 76-1507 Definitions, sections found.
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For purposes of sections 76-1507 to 76-1516, unless the context otherwise requires, the definitions found in sections 76-1508 to 76-1514 shall be used.
Neb. Rev. Stat. § 76-1508 Agricultural land, defined.
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Agricultural land shall mean land suitable for use in farming.
Neb. Rev. Stat. § 76-1509 Farming, defined.
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Farming shall mean the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, and grazing or the production of livestock. Farming shall not include…
Neb. Rev. Stat. § 76-1510 Fiduciary capacity, defined.
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Fiduciary capacity shall mean an undertaking to act as executor, administrator, personal representative, guardian, conservator, or receiver.
Neb. Rev. Stat. § 76-1511 Trust, defined.
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Trust shall mean a fiduciary relationship with respect to property, subjecting the person by whom the property is held to equitable duties to deal with the property for the benefit of another person, which arises as a result of a manifestation of an intention to create it. Trust …
Neb. Rev. Stat. § 76-1512 Family trust, defined.
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Family trust shall mean a trust: (1) In which a majority interest in the trust is held by and the majority of the beneficiaries are persons related to each other as spouse, parent, grandparent, lineal descendants of grandparents or their spouses and other legal descendants of the…
Neb. Rev. Stat. § 76-1513 Authorized trust, defined.
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Authorized trust shall mean a trust other than a family trust in which: (1) The beneficiaries do not exceed twenty-five in number; (2) The beneficiaries are all natural persons, who are not acting as a trustee or in a similar capacity for a trust as defined in section 76-1511, or…
Neb. Rev. Stat. § 76-1514 Testamentary trust, defined.
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Testamentary trust shall mean a trust created by devising or bequeathing property in trust in a will as such terms are used in the Nebraska Probate Code.
Neb. Rev. Stat. § 76-1515 Agricultural land; restrictions on ownership; exceptions.
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No trust, other than a family trust, authorized trust, or testamentary trust, shall either directly or indirectly acquire or otherwise obtain or lease any agricultural land in this state, except that the restrictions set forth in this section shall not apply to the following: (1)…
Neb. Rev. Stat. § 76-1516 Violations; penalty; injunction; Attorney General, county attorney, duties.
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Any trust, other than a family trust, authorized trust, or testamentary trust, violating sections 76-1507 to 76-1516 shall upon conviction be punished by a fine of not more than fifty thousand dollars and shall divest itself of any land acquired in violation of sections 76-1507 t…
Neb. Rev. Stat. § 76-1520 Interest in real estate used for farming or ranching; reports required.
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(1) A person serving as the president, a general partner, any other officer, or an authorized representative of a corporation, limited partnership, limited liability partnership, or limited liability company or a corporate trustee of a trust shall report to the Secretary of State…
Neb. Rev. Stat. § 76-1521 Reports; form; contents; Secretary of State; duties.
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(1) The report required by section 76-1520 shall be on a form provided by the Secretary of State. The Secretary of State may incorporate the form with other forms required to be filed by entities identified in subsection (1) of section 76-1520. If there has been no change in the …
Neb. Rev. Stat. § 76-1523 Corporate trustee; fine; when.
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(1) Any corporate trustee failing to report the information required by section 76-1520 or filing false information shall be punished by a fine of not more than five hundred dollars. (2) Any fines received pursuant to this section shall be remitted to the State Treasurer for dist…
Neb. Rev. Stat. § 76-1524 Secretary of State; Attorney General; powers.
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The Secretary of State and the Attorney General, for the enforcement of both sections 76-1520 to 76-1524 and Article XII, section 8, of the Constitution of Nebraska, shall have the authority to subpoena witnesses, compel their attendance, examine them under oath, and require the …
Neb. Rev. Stat. § 76-1601 Act, how cited.
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Sections 76-1601 to 76-1609 shall be known and may be cited as the Self-Service Storage Facilities Act.
Neb. Rev. Stat. § 76-1602 Terms, defined.
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For purposes of the Self-Service Storage Facilities Act: (1) Commercially reasonable sale means a sale that (a) is conducted at the self-service storage facility or on a publicly accessible website that conducts lien sales and (b) is attended by at least three persons who appear …
Neb. Rev. Stat. § 76-1603 Operator; duty.
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(1) An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes. (2) An occupant shall not use a leased space for residential purposes.
Neb. Rev. Stat. § 76-1604 Entry for inspection or repair.
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An occupant, upon reasonable request from the operator, shall allow the operator to enter a leased space for the purpose of inspection or repair. If an emergency occurs, an operator may enter a leased space for inspection or repair without notice to or consent from the occupant.
Neb. Rev. Stat. § 76-1605 Operator; lien on personal property; rental agreement; contents.
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(1) The operator of a self-service storage facility and the operator's heirs, executors, administrators, successors, and assigns shall have a lien upon all of an occupant's personal property located at the self-service storage facility for delinquent rent, late fees, labor, or ot…
Neb. Rev. Stat. § 76-1606 Default; deny access.
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If any part of the rent or other charges due from the occupant are in default, the operator shall have the right to deny the occupant access to the leased space at the self-service storage facility.
Neb. Rev. Stat. § 76-1607 Default for more than forty-five days; enforcement of lien; procedure; advertisement; sale; application of proceeds; rights of purchaser; notices; liability of operator.
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(1) If an occupant is in default for a period of more than forty-five days, the operator may enforce the lien granted in section 76-1605 by selling the occupant's stored personal property for cash. Sale of the occupant's personal property may be by public or private proceedings. …
Neb. Rev. Stat. § 76-1608 Occupant's care, custody, and control of personal property.
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Unless the rental agreement specifically provides otherwise and until a lien sale under section 76-1607, the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the occupant.
Neb. Rev. Stat. § 76-1609 Act; how construed.
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The Self-Service Storage Facilities Act does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from the act. The rights provided to an operator by the act are in addition to all other rights provided by law to a c…
Neb. Rev. Stat. § 76-1701 Act, how cited.
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Sections 76-1701 to 76-1741 shall be known and may be cited as the Nebraska Time-Share Act.
Neb. Rev. Stat. § 76-1702 Terms, defined.
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For purposes of the Nebraska Time-Share Act, unless the context otherwise requires: (1) Acquisition agent means a person who by means of telephone, mail, advertisement, inducement, solicitation, or otherwise attempts directly to encourage any person to attend a sales presentation…
Neb. Rev. Stat. § 76-1703 Time-share estate; status with respect to real property interests.
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(1) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by the Nebraska Time-Share Act. (2) A document transferring or encumbering a time-s…
Neb. Rev. Stat. § 76-1704 Time-share estate; title; separate estate.
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Each time-share estate constitutes for purposes of title a separate estate or interest in property except for real property tax purposes.
Neb. Rev. Stat. § 76-1705 Time-share program; discriminatory ordinance or regulation; prohibited.
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A zoning, subdivision, or other ordinance or regulation shall not discriminate against the creation of time-share intervals or impose any requirement upon a time-share program which it would not impose upon a similar development under a different form of ownership.
Neb. Rev. Stat. § 76-1706 Time-share intervals in units.
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A time-share program may be created in any unit unless expressly prohibited by the project instruments.
Neb. Rev. Stat. § 76-1707 Instruments for time-share estates; contents.
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Project instruments and time-share instruments creating time-share estates shall contain the following: (1) The name of the county in which the property is situated; (2) The legal description, street address, or other description sufficient to identify the property; (3) Identific…
Neb. Rev. Stat. § 76-1708 Time-share estate program; instruments; management and operation provisions; enumerated.
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The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include, but not be limited to, provisions for the follo…
Neb. Rev. Stat. § 76-1709 Time-share estate program; instruments; developer-control period.
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(1) The time-share instruments for a time-share estate program may provide for a period of time, known as the developer-control period, during which the developer or a managing agent selected by the developer shall manage the time-share program and the units in the time-share pro…
Neb. Rev. Stat. § 76-1710 Instruments for time-share use; contents.
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Project instruments and time-share instruments creating time-share uses shall contain the following: (1) Identification by name of the time-share project and street address where the time-share project is situated; (2) Identification of the time periods, type of units, and the un…
Neb. Rev. Stat. § 76-1711 Time-share use program; instruments; management and operation provisions; enumerated.
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The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units which shall include, but not be limited to, provisions for the following…
Neb. Rev. Stat. § 76-1712 Partition.
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No action for partition of a unit may be maintained except as permitted by the time-share instrument.
Neb. Rev. Stat. § 76-1713 Public-offering statement; general provisions; enumerated.
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A public-offering statement shall be provided to each purchaser of a time-share interval at the time of purchase and shall fully and accurately disclose: (1) The name of the developer and the principal address of the developer and the time-share intervals offered in the statement…
Neb. Rev. Stat. § 76-1714 Public-offering statement; exchange-of-occupancy rights; disclosure provisions.
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If the owners of time-share intervals are to be permitted or required to become members of or to participate in any program for the exchange-of-occupancy rights among themselves or with the owners of time-share intervals of other time-share projects, or both, the public-offering …
Neb. Rev. Stat. § 76-1715 Escrow of deposits; surety bond.
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(1) Any deposit made in connection with the purchase or reservation of a time-share interval from a developer shall be placed in escrow, in an account designated solely for that purpose, in an institution whose accounts are insured by a governmental agency or instrumentality, unt…
Neb. Rev. Stat. § 76-1716 Mutual right of cancellation.
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(1) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public-offering statement and any amendments and supplements thereto. The contract shall be voidable by the purcha…
Neb. Rev. Stat. § 76-1717 Other filings not required; not treated as a security.
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(1) Any time-share program registered with the commission in which a public-offering statement has been prepared does not require registration under any other state statute. (2) Any time-share program that fails to restrict the price at which an owner may sell or exchange his or …
Neb. Rev. Stat. § 76-1718 Public-offering statement; not required; when.
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The developer shall not be required to prepare and distribute a public-offering statement if the developer has registered and there has been issued a public-offering statement or similar disclosure document which is provided to purchasers under the following: (1) The Securities a…
Neb. Rev. Stat. § 76-1719 Public-offering statement; cases in which not required.
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A public-offering statement need not be prepared or delivered in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his or her agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or…
Neb. Rev. Stat. § 76-1720 Public-offering statement; material change; amend or supplement.
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The developer shall amend or supplement the public-offering statement to report any material change in the information required by sections 76-1713 and 76-1714. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribut…