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ARTICLE 14

LANDLORD AND TENANT

​

(a) UNIFORM RESIDENTIAL LANDLORD TENANT ACT

​

 

  • 76-1401.            Act, how cited.

  • 76-1402.            Purposes; rules of construction.

  • 76-1403.            Supplementary principles of law applicable.

  • 76-1404.            Construction against implicit repeal.

  • 76-1405.            Remedies; administration and enforcement; duty to mitigate damages.

  • 76-1406.            Settlement; authorized.

  • 76-1407.            Jurisdiction; territorial application.

  • 76-1408.            Exclusions from application of sections.

  • 76-1409.            Courts; jurisdiction.

  • 76-1410.            Terms, defined.

  • 76-1411.            Obligation of good faith.

  • 76-1412.            Unconscionability.

  • 76-1413.            Notice.

  • 76-1414.            Terms and conditions of rental agreement.

  • 76-1415.            Prohibited provisions in rental agreements.

  • 76-1416.            Security deposits; prepaid rent.

  • 76-1417.            Disclosure.

  • 76-1418.            Landlord to supply possession of dwelling unit.

  • 76-1419.            Landlord to maintain fit premises.

  • 76-1420.            Limitation of liability.

  • 76-1421.            Tenant to maintain dwelling unit.

  • 76-1422.            Rules and regulations.

  • 76-1423.            Access.

  • 76-1424.            Tenant to use and occupy.

  • 76-1425.            Noncompliance by landlord.

  • 76-1426.            Failure to deliver possession.

  • 76-1427.            Wrongful failure to supply heat, water, hot water, or essential services.

  • 76-1428.            Landlord's noncompliance as defense to action for possession.

  • 76-1429.            Fire or casualty damage.

  • 76-1430.            Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.                               

  • 76-1431.            Noncompliance; failure to pay rent; effect.

  • 76-1432.            Remedies for absence, nonuse, and abandonment.

  • 76-1433.            Waiver of landlord's right to terminate.

  • 76-1434.            Landlord liens; distraint of property; prohibited.

  • 76-1435.            Remedy for termination.

  • 76-1436.            Recovery of possession limited.

  • 76-1437.            Periodic tenancy; holdover remedies.

  • 76-1438.            Landlord and tenant remedies for abuse of access or entry.

  • 76-1439.            Retaliatory conduct prohibited.

  • 76-1440.            Action for possession.

  • 76-1441.            Petition for restitution; filing; contents.

  • 76-1442.            Summons; contents; issuance; service; when; affidavit of service.

  • 76-1443.            Continuance; when.

  • 76-1444.            Default of defendant.

  • 76-1445.            Defendant may appear and answer.

  • 76-1446.            Trial; judgement; writ of restitution; issuance.

  • 76-1447.            Appeal; effect.

  • 76-1448.            Operative date; sections; applicability.

  • 76-1449.            Transactions entered into before effective date; effect.

​

ARTICLE 14

LANDLORD AND TENANT

​

(b) MOBILE HOME LANDLORD AND TENANT ACT

 

  • 76-1450.             Act, how cited.

  • 76-1451.             Purposes; construction.

  • 76-1452.             Supplementary principles of law applicable.

  • 76-1453.             Remedies; administration and enforcement; duty to mitigate damages.

  • 76-1454.             Settlement of claim or right.

  • 76-1455.             Public housing; not subject to act.

  • 76-1456.             Jurisdiction and service of process.

  • 76-1457.             Definitions, where found.

  • 76-1458.             Business, defined.

  • 76-1459.             Dwelling unit, defined.

  • 76-1460.             Good faith, defined.

  • 76-1461.             Housing code, defined.

  • 76-1462.             Landlord, defined.

  • 76-1463.             Mobile home, defined.

  • 76-1464.             Mobile home park, defined.

  • 76-1465.             Mobile home space, defined.

  • 76-1466.             Owner, defined.

  • 76-1467.             Rent, defined.

  • 76-1468.             Rental agreement, defined.

  • 76-1469.             Rental deposit, defined.

  • 76-1470.             Sublessee, defined.

  • 76-1471.             Tenant, defined.

  • 76-1472.             Obligation of good faith.

  • 76-1473.             Unconscionability.

  • 76-1474.             Notice.

  • 76-1475.             Terms and conditions of rental agreement.

  • 76-1476.             Mobile home space improvements; ownership; duty of tenant.

  • 76-1477.             Prohibited provisions in oral rental agreements.

  • 76-1478.             Receipt of rent free of obligation; prohibited.

  • 76-1479.             Disclosure.

  • 76-1480.             Failure to disclose; effect.

  • 76-1481.             Written rental agreement; delivery.

  • 76-1482.             Explanation of utility charges and services; required; when.

  • 76-1483.             Rental deposit; limitation.

  • 76-1484.             Rental deposit; how handled.

  • 76-1485.             Rental deposit; return; withholdings.

  • 76-1486.             Rental deposit; failure to provide written statement; effect; reversion to                                  landlord; when.

  • 76-1487.             Termination of landlord’s interest in park; deposit; how treated.

  • 76-1488.             Landlord’s successor in interest; rights and obligations.

  • 76-1489.             Rental deposit; bad faith retention; damages.

  • 76-1490.             Rent increase; written notice.

  • 76-1491.             Landlord deliver possession of mobile home space.

  • 76-1492.             Landlord; duties; powers.

  • 76-1493.             Tenant; duties.

  • 76-1494.             Landlord; rules and regulations.

  • 76-1495.             Landlord; prohibited acts.

  • 76-1496.             Landlord; access.

  • 76-1497.             Tenant; authority to rent to another.

  • 76-1498.             Noncompliance by landlord; tenant’s rights.

  • 76-1499.             Landlord; failure to deliver possession; remedies.

  • 76-14,100.          Landlord; removal or exclusion of tenant; failure to supply services;                                   tenant; remedies.

  • 76-14,101.          Noncompliance by tenant; landlord’s rights.

  • 76-14,102.          Noncompliance by tenant affecting health and safety; landlord’s rights.

  • 76-14,103.          Failure to enforce rights; effect on subsequent enforcement.

  • 76-14,104.          Termination of tenancy; action for possession and damages.

  • 76-14,105.          Violation of access rights; remedies.

  • 76-14,106.          Retaliatory conduct prohibited; remedies; landlord action for possession;                                   when.

  • 76-14,107.          Landlord, manager; relieved of liability; when.

  • 76-14,108.          Death of tenant; effect.

  • 76-14,109.          Removal of abandoned mobile home; conditions.

  • 76-14,110.          Landlord; assessment contract authorized.

  • 76-14,111.          Applicability of act.

​

ARTICLE 23

DISPOSITION OF PERSONAL PROPERTY

​

LANDLORD AND TENANT ACT

 

  • 69-2301.             Act, how cited.

  • 69-2302.             Terms, defined.

  • 69-2303.             Personal property remaining on premises; landlord; duties; notice;                                   contents; delivery.

  • 69-2304.             Notice; statement required.

  • 69-2305.             Notice; form.

  • 69-2306.             Landlord; property; removal and storage; liability.

  • 69-2307.             Landlord; release of personal property; when.

  • 69-2308.             Sale of personal property; when required; notice of sale; requirements;                                  disposition of proceeds.

  • 69-2309.             Release or disposition of personal property; liability of landlord.

  • 69-2310.             Costs of storage; how assessed.

  • 69-2311.             Residential landlord; surrender personal property to residential tenant;                                  conditions;  applicability of  section.

  • 69-2312.             Landlord retaining personal property; civil action authorized.

  • 69-2313.             Lost personal property; disposition; liability.

  • 69-2314.             Remedy; not exclusive.

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List of Counties in Nebraska

  • Adams County, NE

  • Antelope County, NE

  • Arthur County, NE

  • Banner County, NE

  • Blaine County, NE

  • Boone County, NE

  • Box Butte County, NE

  • Boyd County, NE

  • Brown County, NE

  • Buffalo County, NE

  • Burt County, NE

  • Butler County, NE

  • Cass County, NE

  • Cedar County, NE

  • Chase County, NE

  • Cherry County, NE

  • Cheyenne County, NE

  • Clay County, NE

  • Colfax County, NE

  • Cuming County, NE

  • Custer County, NE

  • Dakota County, NE

  • Dawes County, NE

  • Dawson County, NE

  • Deuel County, NE

  • Dixon County, NE

  • Dodge County, NE

  • Douglas County, NE

  • Dundy County, NE

  • Fillmore County, NE

  • Franklin County, NE

  • Frontier County, NE

  • Furnas County, NE

  • Gage County, NE

  • Garden County, NE

  • Garfield County, NE

  • Gosper County, NE

  • Grant County, NE

  • Greeley County, NE

  • Hall County, NE

  • Hamilton County, NE

  • Harlan County, NE

  • Hayes County, NE

  • Hitchcock County, NE

  • Holt County, NE

  • Hooker County, NE

  • Howard County, NE

  • Jefferson County, NE

  • Johnson County, NE

  • Kearney County, NE

  • Keith County, NE

  • Keya Paha County, NE

  • Kimball County, NE

  • Knox County, NE

  • Lancaster County, NE

  • Lincoln County, NE

  • Logan County, NE

  • Loup County, NE

  • Madison County, NE

  • McPherson County, NE

  • Merrick County, NE

  • Morrill County, NE

  • Nance County, NE

  • Nemaha County, NE

  • Nuckolls County, NE

  • Otoe County, NE

  • Pawnee County, NE

  • Perkins County, NE

  • Phelps County, NE

  • Pierce County, NE

  • Platte County, NE

  • Polk County, NE

  • Red Willow County, NE

  • Richardson County, NE

  • Rock County, NE

  • Saline County, NE

  • Sarpy County, NE

  • Saunders County, NE

  • Scotts Bluff County, NE

  • Seward County, NE

  • Sheridan County, NE

  • Sherman County, NE

  • Sioux County, NE

  • Stanton County, NE

  • Thayer County, NE

  • Thomas County, NE

  • Thurston County, NE

  • Valley County, NE

  • Washington County, NE

  • Wayne County, NE

  • Webster County, NE

  • Wheeler County, NE

  • York County, NE

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Cities and Towns in Nebraska

  • Adams, NE

  • Ainsworth, NE

  • Albion, NE

  • Alda, NE

  • Alexandria, NE

  • Allen, NE

  • Alliance, NE

  • Alma, NE

  • Amherst, NE

  • Ansley, NE

  • Arapahoe, NE

  • Arcadia, NE

  • Arnold, NE

  • Ashland, NE

  • Ashton, NE

  • Atkinson, NE

  • Auburn, NE

  • Aurora, NE

  • Avoca, NE

  • Axtell, NE

  • Bancroft, NE

  • Bartley, NE

  • Bassett, NE

  • Battle Creek, NE

  • Bayard, NE

  • Beatrice, NE

  • Beaver City, NE

  • Beaver Crossing, NE

  • Bee, NE

  • Beemer, NE

  • Bellevue, NE

  • Bellwood, NE

  • Benedict, NE

  • Benkelman, NE

  • Bennet, NE

  • Bennington, NE

  • Bertrand, NE

  • Big Springs, NE

  • Bladen, NE

  • Blair, NE

  • Bloomfield, NE

  • Blue Hill, NE

  • Blue Springs, NE

  • Boys Town, NE

  • Bradshaw, NE

  • Brady, NE

  • Brainard, NE

  • Bridgeport, NE

  • Broken Bow, NE

  • Brule, NE

  • Bruning, NE

  • Burwell, NE

  • Butte, NE

  • Cairo, NE

  • Callaway, NE

  • Cambridge, NE

  • Campbell, NE

  • Carroll, NE

  • Cedar Bluffs, NE

  • Cedar Creek, NE

  • Cedar Rapids, NE

  • Central City, NE

  • Ceresco, NE

  • Chadron, NE

  • Chambers, NE

  • Chapman, NE

  • Chappell, NE

  • Chester, NE

  • Clarks, NE

  • Clarkson, NE

  • Clatonia, NE

  • Clay Center, NE

  • Clearwater, NE

  • Coleridge, NE

  • Columbus, NE

  • Cook, NE

  • Cortland, NE

  • Cozad, NE

  • Craig, NE

  • Crawford, NE

  • Creighton, NE

  • Creston, NE

  • Crete, NE

  • Crofton, NE

  • Culbertson, NE

  • Curtis, NE

  • Dakota City, NE

  • Dalton, NE

  • Dannebrog, NE

  • Davenport, NE

  • David City, NE

  • Dawson, NE

  • De Witt, NE

  • Decatur, NE

  • Deshler, NE

  • Diller, NE

  • Dix, NE

  • Dodge, NE

  • Doniphan, NE

  • Dorchester, NE

  • Douglas, NE

  • Dunbar, NE

  • Duncan, NE

  • Dwight, NE

  • Eagle, NE

  • Edgar, NE

  • Elba, NE

  • Elgin, NE

  • Elkhorn, NE

  • Elm Creek, NE

  • Elmwood, NE

  • Elwood, NE

  • Emerson, NE

  • Eustis, NE

  • Ewing, NE

  • Exeter, NE

  • Fairbury, NE

  • Fairfield, NE

  • Fairmont, NE

  • Falls City, NE

  • Farnam, NE

  • Firth, NE

  • Fort Calhoun, NE

  • Franklin, NE

  • Fremont, NE

  • Friend, NE

  • Fullerton, NE

  • Funk, NE

  • Garland, NE

  • Geneva, NE

  • Genoa, NE

  • Gering, NE

  • Gibbon, NE

  • Giltner, NE

  • Glenvil, NE

  • Gordon, NE

  • Gothenburg, NE

  • Grand Island, NE

  • Grant, NE

  • Greeley, NE

  • Greenwood, NE

  • Gresham, NE

  • Gretna, NE

  • Guide Rock, NE

  • Gurley, NE

  • Hadar, NE

  • Haigler, NE

  • Hallam, NE

  • Hampton, NE

  • Harrison, NE

  • Hartington, NE

  • Harvard, NE

  • Hastings, NE

  • Hay Springs, NE

  • Hayes Center, NE

  • Hebron, NE

  • Hemingford, NE

  • Herman, NE

  • Hershey, NE

  • Hickman, NE

  • Hildreth, NE

  • Holbrook, NE

  • Holdrege, NE

  • Holstein, NE

  • Homer, NE

  • Hooper, NE

  • Hoskins, NE

  • Howells, NE

  • Hubbard, NE

  • Humboldt, NE

  • Humphrey, NE

  • Hyannis, NE

  • Imperial, NE

  • Indianola, NE

  • Jackson, NE

  • Johnson, NE

  • Juniata, NE

  • Kearney, NE

  • Kenesaw, NE

  • Kennard, NE

  • Kimball, NE

  • La Vista, NE

  • Laurel, NE

  • Lawrence, NE

  • Leigh, NE

  • Lewellen, NE

  • Lexington, NE

  • Lincoln, NE

  • Lindsay, NE

  • Litchfield, NE

  • Lodgepole, NE

  • Long Pine, NE

  • Loomis, NE

  • Louisville, NE

  • Loup City, NE

  • Lyman, NE

  • Lynch, NE

  • Lyons, NE

  • Macy, NE

  • Madison, NE

  • Madrid, NE

  • Malcolm, NE

  • Marquette, NE

  • Maxwell, NE

  • Maywood, NE

  • Mc Cook, NE

  • Mc Cool Junction, NE

  • Mead, NE

  • Meadow Grove, NE

  • Merna, NE

  • Milford, NE

  • Milligan, NE

  • Minatare, NE

  • Minden, NE

  • Mitchell, NE

  • Monroe, NE

  • Morrill, NE

  • Mullen, NE

  • Murdock, NE

  • Murray, NE

  • Nebraska City, NE

  • Nehawka, NE

  • Neligh, NE

  • Nelson, NE

  • Newcastle, NE

  • Newman Grove, NE

  • Nickerson, NE

  • Niobrara, NE

  • Norfolk, NE

  • North Bend, NE

  • North Loup, NE

  • North Platte, NE

  • Oakdale, NE

  • Oakland, NE

  • Odell, NE

  • Offutt A F B, NE

  • Ogallala, NE

  • Omaha, NE

  • Orchard, NE

  • Ord, NE

  • Orleans, NE

  • Osceola, NE

  • Oshkosh, NE

  • Osmond, NE

  • Otoe, NE

  • Overton, NE

  • Oxford, NE

  • Palisade, NE

  • Palmer, NE

  • Palmyra, NE

  • Panama, NE

  • Papillion, NE

  • Pawnee City, NE

  • Paxton, NE

  • Peru, NE

  • Petersburg, NE

  • Phillips, NE

  • Pierce, NE

  • Pilger, NE

  • Plainview, NE

  • Platte Center, NE

  • Plattsmouth, NE

  • Pleasant Dale, NE

  • Pleasanton, NE

  • Plymouth, NE

  • Polk, NE

  • Ponca, NE

  • Potter, NE

  • Prague, NE

  • Randolph, NE

  • Ravenna, NE

  • Red Cloud, NE

  • Republican City, NE

  • Rising City, NE

  • Riverdale, NE

  • Roca, NE

  • Roseland, NE

  • Rulo, NE

  • Rushville, NE

  • Saint Edward, NE

  • Saint Paul, NE

  • Sargent, NE

  • Schuyler, NE

  • Scotia, NE

  • Scottsbluff, NE

  • Scribner, NE

  • Seward, NE

  • Shelby, NE

  • Shelton, NE

  • Shickley, NE

  • Shubert, NE

  • Sidney, NE

  • Silver Creek, NE

  • Snyder, NE

  • South Sioux City, NE

  • Spalding, NE

  • Spencer, NE

  • Springfield, NE

  • Springview, NE

  • Stamford, NE

  • Stanton, NE

  • Staplehurst, NE

  • Stapleton, NE

  • Stella, NE

  • Sterling, NE

  • Stratton, NE

  • Stromsburg, NE

  • Stuart, NE

  • Sumner, NE

  • Superior, NE

  • Sutherland, NE

  • Sutton, NE

  • Syracuse, NE

  • Table Rock, NE

  • Talmage, NE

  • Taylor, NE

  • Tekamah, NE

  • Thedford, NE

  • Tilden, NE

  • Trenton, NE

  • Trumbull, NE

  • Uehling, NE

  • Ulysses, NE

  • Unadilla, NE

  • Union, NE

  • Utica, NE

  • Valentine, NE

  • Valley, NE

  • Valparaiso, NE

  • Verdigre, NE

  • Verdon, NE

  • Waco, NE

  • Wahoo, NE

  • Wakefield, NE

  • Wallace, NE

  • Walthill, NE

  • Waterloo, NE

  • Wauneta, NE

  • Wausa, NE

  • Waverly, NE

  • Wayne, NE

  • Weeping Water, NE

  • West Point, NE

  • Western, NE

  • Weston, NE

  • Wilber, NE

  • Wilcox, NE

  • Winnebago, NE

  • Winside, NE

  • Wisner, NE

  • Wolbach, NE

  • Wood River, NE

  • Wymore, NE

  • York, NE

  • Yutan, NE

Omaha-tenant-screening.jfif

Grounds for an Eviction in Nebraska

​

In Nebraska, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or illegal activity. Even so, proper notice must first be given before ending the tenancy.

 

7-Day Notice to Pay (Nonpayment of Rent) 

​

A landlord is allowed to evict a tenant for failing to pay rent on time. 

​

According to Nebraska law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement. 

Once rent is past due, the landlord must provide tenants with a 7-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 7 days [1] to avoid eviction. 

​

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process. 

​

The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed and the fact that the tenant can pay past-due rent in full to avoid eviction. 

​

30-Day Notice to Cure or Vacate (Non-Compliance) 

​

A tenant can be evicted in Nebraska if they do not uphold their responsibilities under the terms of a written lease or rental agreement. 

Nebraska landlords are required to allow tenants to correct a lease violation in these instances and must provide tenants with a 30-Day Notice to Comply, giving the tenant 14 days to correct the issue. 

​

If the issue is not corrected within the 14-day deadline, the tenant will need to move out at the end of the 30 days given in the Notice to Comply. 

​

Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, and having a pet when there’s a no-pet policy. 

​

Material health and safety violations are also included in this category and may include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit. 

Note that illegal activity is not included in this category. 

​

If the tenant fails to correct the issue within the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process. 

The notice should include: 

​

  • The specific lease violation(s); 

  • What the tenant can do to remedy the violation; 

  • That the violation must be corrected within 14 days; and 

  • The date the lease will terminate if the tenant doesn’t comply within the deadline.

 

7/30-Day Lease Termination Notice (No Lease/ End of Lease) 

​

In the state of Nebraska, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants. 

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew. 

​

The amount of time required in the notice depends on the type [4] of tenancy. 

​

  • Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit. 

  • Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit. 

​

If the tenant remains on the property after the notice period expires, the property owner may proceed with the eviction process. 

The notice should include the date the tenancy will terminate. 

​

5-Day Notice to Quit (Illegal Activity) 

​

Tenants who are involved in illegal activity must be given 5 days’ [5] written notice before the proprietor can proceed with an eviction action. Tenants in these instances do not have the opportunity to correct the issue to avoid eviction. 

​

In Nebraska, illegal activity includes:  

​

  • Physical assault or threat of physical assault; 

  • Illegal use of or threat to use a firearm or other weapon; 

  • Possession of a controlled substance; 

  • Illegal sale [5] of a controlled substance; and 

  • Any other activity that would harm people/property on the rental premises. 

​

If someone other than the tenant was involved in the illegal activity, and the tenant can show that they either filed a restraining order against the party responsible or reported the activity to a law enforcement agency (or both), then the tenant may be able to avoid eviction. 

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process. 

​

The eviction notice should include the date the tenancy will terminate. 

​

What to Include in Nebraska Eviction Notices 

The information required on an eviction notice in Nebraska varies based on the reason for the eviction and is addressed under each notice type below. However, it’s a good idea to ensure the notice includes: 

​

  • The date the tenancy will terminate; 

  • The reason for the eviction; and 

  • The tenant’s name and contact information. 

​

The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered. 

Delivering Eviction Notices in Nebraska 

In the state of Nebraska, landlords can deliver an eviction notice through one of the following methods: 

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  • Giving a copy to the tenant in person; and 

  • Mailing a copy of the notice to the tenant. 

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Note that using certified mail is not required under Nebraska law. 

Eviction Process in Nebraska 

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An eviction notice is posted by the landlord to vacate or “cure” the issue. 

       

  • If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court. 

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  • A hearing is held, and judgment is issued. 

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  • If the motion is granted, a Writ of Restitution is posted at the property, giving final notice

  • to the tenant to remove their belongings. 

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  • Finally, the sheriff returns possession of the property to the landlord. 

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Landlord Terms 

  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

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  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

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  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

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  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

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  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

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  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

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  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

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  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

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  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

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  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

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  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

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  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

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  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

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  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

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  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

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  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

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  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

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  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

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  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

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  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

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  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

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  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

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  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

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  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

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  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

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  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

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  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

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  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

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  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

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76-1401.

Act, how cited.

 

Sections 76-1401 to 76-1449 shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.

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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 dwelling units and the rights and obligations of landlord and tenant.

(b) To encourage landlord and tenant to maintain and improve the quality of housing; and

(c) To make uniform the law among those states which enact it.

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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, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement the act's provisions.

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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.

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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 Landlord and Tenant Act is enforceable by action unless the provision declaring it specifies a different and limited effect.

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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.

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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.

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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, counseling, religious, or similar service.

 

(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest.

 

(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

 

(4) Transient occupancy in a hotel or motel.

 

(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.

 

(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

 

(7) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

 

(8) A lease of improved or unimproved residential land for a term of five years or more.

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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 dwelling unit located within its jurisdictional boundaries.

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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:

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(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 under section 28-323, stalking under section 28-311.03, labor or sex trafficking under section 28-831, and knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult under section 28-386.

 

(2) Action includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are determined, including an action for possession.

 

(3) Building and housing codes include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit. Minimum housing code shall be limited to those laws, resolutions, or ordinances or regulations, or portions thereof, dealing specifically with health and minimum standards of fitness for habitation.

 

(4) Dwelling unit means a structure or the part of a structure 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.

 

(5) Good faith means honesty in fact in the conduct of the transaction concerned.

 

(6) Household member means a child or adult, other than the perpetrator of an act of domestic violence, who resides with a tenant.

 

(7) Landlord means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 76-1417.

 

(8) Organization includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

 

(9) Owner means one or more persons, jointly or severally, in whom is vested (a) all or 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 the premises; and the term includes a mortgagee in possession.

 

(10) Person includes an individual, limited liability company, or organization.

 

(11) Qualified third party means an organization that (a) is a nonprofit organization organized under section 501(c)(3) of the Internal Revenue Code or a federally recognized Indian tribe whose governmental body is within the borders of Nebraska and (b) has an affiliation agreement with the Department of Health and Human Services to provide services to victims of domestic violence and sexual assault under the Protection from Domestic Abuse Act.

 

(12) Premises means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.

 

(13) Rent means all payments to be made to the landlord under the rental agreement.

 

(14) Rental agreement means all agreements, written or oral, between a landlord and tenant, and valid rules and regulations adopted under section 76-1422 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

 

(15) Roomer means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove, or sink.

 

(16) Single-family residence means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit.

 

(17) Tenant means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

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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.

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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 unconscionable provision to avoid an unconscionable result.

 

(2) If unconscionability is put into issue by a party or by the 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.

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76-1413.

Notice.

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(1) A person has notice of a fact if (a) he has actual knowledge of it, (b) he has received a notice or notification of it, or (c) from all facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact if he has actual knowledge of it.

 

(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention, (b) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last-known place of residence.

 

(3) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.

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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 parties.

 

(2) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

 

(3) Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

 

(4) Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a roomer who pays weekly rent, and in all other cases month to month.

 

(5) Upon request by a landlord, the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant's dwelling unit to retrieve and store the tenant's personal property if the tenant dies. Upon the death of a tenant, the landlord shall make a reasonable attempt to contact the authorized person, if any, within ten days after the death. The authorized person shall have twenty days after being contacted by the landlord to notify the landlord that he or she will claim the tenant's property, and he or she will then have twenty days after such notification to remove the tenant's personal property from the dwelling unit or obtain the personal property from where it is being stored. Upon presentation of a valid government-issued identification confirming the identity of the authorized person, the landlord shall grant the authorized person reasonable access to the rented dwelling unit or to where the personal property is being stored if not in the dwelling unit. If the tenant's personal property is not entirely removed from the dwelling unit by an authorized person, the landlord may dispose of the remaining property as prescribed in the Disposition of Personal Property Landlord and Tenant Act. If the landlord allows an authorized person to receive the tenant's personal property as provided by this subsection, the landlord has no further liability to the tenant, the tenant's estate, or the tenant's heirs for lost, damaged, or stolen personal property. If the landlord is unable to contact the authorized person at the address and telephone number provided by the tenant or the authorized person fails to respond to the landlord's notification within twenty days after contact is made, the landlord may dispose of the tenant's personal property as prescribed in the Disposition of Personal Property Landlord and Tenant Act.

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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 landlord's or tenant's attorney's fees; or

 

(d) Agrees to the exculpation or limitation of any liability of the landlord arising due to active and actionable negligence of the landlord or to indemnify the landlord for that liability arising due to active and actionable negligence or the costs connected therewith.

 

(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her and reasonable attorney's fees.

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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 subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.

 

(2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address. If the mailing is returned as undeliverable, or if the returned balance of the security deposit remains outstanding for one year, it shall be considered abandoned property to be reported and paid to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act.

 

(3) If the landlord fails to comply with subsection (2) of this section, the tenant may recover the property and money due him or her, court costs, and reasonable attorney's fees. In addition, if the landlord's failure to comply with subsection (2) of this section is willful and not in good faith, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the security deposit, whichever is less, as liquidated damages.

 

(4) This section does not preclude the landlord or tenant from recovering other damages to which he or she may be entitled under the Uniform Residential Landlord and Tenant Act. However, a tenant shall not be liable for damages directly related to the tenant's removal from the premises by order of any governmental entity as a result of the premises not being fit for habitation due to the negligence or neglect of the landlord.

 

(5) The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

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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 premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.

 

(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.

 

(3) A person who fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for the purpose of:

 

(a) Service of process and receiving and receipting for notices and demands; and

 

(b) Performing the obligations of the landlord under the Uniform Residential Landlord and Tenant Act and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

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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 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.

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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 keep the premises in a fit and habitable condition;

 

(c) Keep all common areas of the premises in a clean and safe condition;

 

(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him or her;

 

(e) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle; and

 

(f) Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

If there exists a minimum housing code applicable to the premises, the landlord's maximum duty under this section shall be determined by subdivision (1)(a) of this section. The obligations imposed by this section are not intended to change existing tort law in the state.

 

(2) The landlord and tenant of a single-family residence may agree that the tenant perform the landlord's duties specified in subdivisions (1)(e) and (1)(f) of this section and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is in writing, for good consideration, entered into in good faith and not for the purpose of evading the obligations of the landlord.

 

(3) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

 

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and

 

(b) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

 

(4) Notwithstanding any provision of the Uniform Residential Landlord and Tenant Act, a landlord may employ a tenant to perform the obligations of the landlord.

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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 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.

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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 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.

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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:

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(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.

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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 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.

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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 extended absence.

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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 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.

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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:

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(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.

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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 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.

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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 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 ap