Act, how cited.
Sections 76-1401 to 76-1449 shall be known and may be cited as
the Uniform Residential Landlord and Tenant Act. §76-1401
Purposes; rules of construction.
(1) Sections 25-21,219 and 76-1401 to 76-1449 shall be liberally
construed and applied to promote their underlying purposes and
(2) Underlying purposes and policies of sections
25-21,219 and 76-1401 to 76-1449 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
Supplementary principles of law applicable.
Unless displaced by the provisions of sections 25-21,219 and
76-1401 to 76-1449, 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 its provisions. §76-1403
Construction against implicit repeal.
Sections 25-21,219 and 76-1401 to 76-1449 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is to be construed as impliedly repealed by subsequent legislation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. §76-1404
Remedies; administration and enforcement; duty to mitigate
(1) The remedies provided by sections 25-21,219 and
76-1401 to 76-1449 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 sections
25-21,219 and 76-1401 to 76-1449 is enforceable by action unless the
provision declaring it specifies a different and limited
A claim or right arising under sections 25-21,219 and 76-1401 to
76-1449 or on a rental agreement may be settled by agreement. §76-1406
Jurisdiction; territorial application.
Sections 25-21,219 and 76-1401 to 76-1449 apply to, regulate,
and determine rights, obligations and remedies under a rental
agreement, wherever made, for a dwelling unit located within this
Exclusions from application of sections.
Unless created to avoid the application of sections 25-21,219
and 76-1401 to 76-1449, the following arrangements are not
governed by sections 25-21,219 and 76-1401 to 76-1449:
(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 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. §76-1408
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 sections 25-21,219 and 76-1401 to
76-1449 or with respect to any claim arising from a transaction
subject to sections 25-21,219 and 76-1401 to 76-1449 for a dwelling
unit located within its jurisdictional boundaries. §76-1409
Subject to additional definitions contained in the Uniform
Residential Landlord and Tenant Act and unless the context otherwise
(1) Action includes recoupment, counterclaim, setoff, suit in
equity, and any other proceeding in which rights are determined,
including an action for possession.
(2) 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.
(3) 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.
(4) Good faith means honesty in fact in the conduct of the
(5) 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.
(6) 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
(7) 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.
(8) Person includes an individual, limited liability
company, or organization.
(9) 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.
(10) Rent means all payments to be made to the landlord under
the rental agreement.
(11) 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.
(12) 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.
(13) 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.
(14) Tenant means a person entitled under a rental agreement
to occupy a dwelling unit to the exclusion of others. §76-1410
Obligation of good faith.
Every duty under sections 25-21,219 and 76-1401 to 76-1449 and
every act which must be performed as a condition precedent to the
exercise of a right or remedy under sections 25-21,219 and 76-1401
to 76-1449 imposes an obligation of good faith in its performance or
(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
(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. §76-1412
(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
(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
(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. §76-1413
Terms and conditions of rental agreement.
(1) The landlord and tenant may include in a rental agreement
terms and conditions not prohibited by sections 25-21,219 and
76-1401 to 76-1449 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
(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. §76-1414
Prohibited provisions in rental agreements.
(1) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies
under sections 25-21,219 and 76-1401 to 76-1449;
(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;
(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
(2) A provision prohibited by subsection (1) included in a
rental agreement is unenforceable. If a landlord deliberately
uses a rental agreement containing provisions known by him to be
prohibited, the tenant may recover actual damages sustained by him
and reasonable attorney's fees. §76-1415
Security deposits; prepaid rent.
(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 demand and designation of the location
where payment may be made or mailed.
(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 and reasonable attorney's fees.
(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
and section 25-21,219.
(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.
(1) The landlord or any person authorized to enter into a rental
agreement on his 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
(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)
becomes an agent of each person who is a landlord for the purpose
(a) Service of process and receiving and receipting for notices
and demands; and
(b) Performing the obligations of the landlord under
sections 25-21,219 and 76-1401 to 76-1449 and under the rental
agreement and expending or making available for the purpose all rent
collected from the premises. §76-1417
Landlord to supply possession of dwelling unit.
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. §76-1418
Landlord to maintain fit premises.
(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
(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;
(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 (e) and (f) of subsection (1) 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
(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
(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 sections 25-21,219 and
76-1401 to 76-1449, a landlord may employ a tenant to perform the
obligations of the landlord. §76-1419
Limitation of liability.
(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 sections 25-21,219 and 76-1401 to 76-1449
as to events occurring subsequent to written notice to the
tenant of the conveyance, but he 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 sections 25-21,219 and 76-1401 to 76-1449 as to events
occurring after written notice to the tenant of the
termination of his management. §76-1420
Tenant to maintain dwelling unit.
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
(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. §76-1421
Rules and regulations.
A landlord, from time to time, may adopt rules or regulations,
however described, concerning the tenant's use and occupancy of the
premises. It is enforceable as provided in section 76-1431
against the tenant only if:
(1) Its purpose is to promote the appearance, convenience,
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
(3) It applies to all tenants in the premises in a fair
(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.
(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 give the tenant at
least one day's notice of his intent to enter and enter only at
(4) The landlord has no other right of access except by court
order, and as permitted by subsection (2) of section 76-1432, or if
the tenant has abandoned or surrendered the premises. §76-1423
Tenant to use and occupy.
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. §76-1424
Noncompliance by landlord.
(1) Except as provided in sections 25-21,219 and 76-1401 to
76-1449, 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 family, or other person on the premises
with his consent.
(2) Except as provided in sections 25-21,219 and
76-1401 to 76-1449, 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 control, the tenant
may not recover consequential damages, but retains remedies
provided in section 76-1427.
(3) The remedy provided in subsection (2)is in addition
to any right of the tenant arising under subsection (1) of 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. §76-1425
Failure to deliver possession.
If the landlord fails to deliver possession of the dwelling unit
to the tenant as provided in section 76-1418, rent abates
until possession is delivered and the tenant shall:
(1) Upon at least five days' written notice to the
landlord terminate the rental agreement and upon 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. §76-1426
Wrongful failure to supply heat, water, hot
water, or essential services.
(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
(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. §76-1427
Landlord's noncompliance as defense to action for
(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 may recover
under the rental agreement or sections 25-21,219 and 76-1401
to 76-1449. 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 application of this section,
judgment shall be entered for the tenant in the action for
possession. If the defense or counterclaim by the tenant is
without merit and is not raised in good faith the landlord may
recover reasonable attorney's fees.
(2) In an action for rent where the tenant is not in
possession, the tenant may counterclaim as provided in subsection
(1) but the tenant is not required to pay any rent into court.
Fire or casualty damage.
(1) If the dwelling unit or premises are damaged or
destroyed by fire or casualty to an extent that enjoyment of
the dwelling unit is substantially impaired, the tenant may:
(a) Immediately vacate the premises and notify the landlord in
writing within fourteen days thereafter of his intention to
terminate the rental agreement, in which case the rental agreement
terminates as of the date of vacating; or
(b) If continued occupancy is lawful, vacate any part
of the dwelling unit rendered unusable by the fire or casualty, in
which case the tenant's liability for rent is reduced in proportion
to the diminution in the fair rental value of the
(2) If the rental agreement is terminated the landlord
shall return all prepaid rent and security recoverable under section
76-1416. Accounting for rent in the event of termination or
apportionment is to occur as of the date of the casualty.
Notwithstanding the provisions of this section, the tenant is
responsible for damage caused by his negligence. §76-1429
Tenant's remedies for landlord's unlawful ouster,
exclusion, or diminution of service.
If the landlord unlawfully removes or excludes the tenant from
the premises or willfully and wrongfully diminishes services to the
tenant by interrupting or causing the interruption of electric, gas,
water or other essential service to the tenant, the tenant may
recover possession or terminate the rental agreement and, in either
case, recover an amount equal to three months' periodic rent as
liquidated damages, and a reasonable attorney's fee. If the rental
agreement is terminated the landlord shall return all prepaid rent
and security recoverable under section 76-1416. §76-1430
Noncompliance; failure to pay rent; effect.
(1) Except as provided in sections 25-21,219 and 76-1401 to
76-1449, if there is a noncompliance with section 76-1421 materially
affecting health and safety or a material noncompliance by the
tenant with the rental agreement or any separate agreement, the
landlord may deliver a written notice to the tenant 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
tenant 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 landlord may terminate the rental agreement upon at least
fourteen days' written notice specifying the breach and the date of
termination of the rental agreement.
(2) If rent is unpaid when due and the tenant fails to
pay rent within three days after written notice by the landlord of
nonpayment and his intention to terminate the rental agreement if
the rent is not paid within that period of time, the landlord may
terminate the rental agreement.
(3) Except as provided in sections §25-21,219 and
76-1401 to 76-1449, the landlord may recover damages and
obtain injunctive relief for any noncompliance by the tenant with
the rental agreement or section 76-1421. If the tenant's
noncompliance is willful the landlord may recover reasonable
attorney's fees. §76-1431
Remedies for absence, nonuse, and abandonment.
(1) If the rental agreement requires the tenant to give
notice to the landlord of an anticipated extended absence in excess
of seven days as required in section 76-1424 and the tenant
willfully fails to do so, the landlord may recover actual damages
from the tenant.
(2) During any absence of the tenant in excess of seven days,
the landlord may enter the dwelling unit at times reasonably
(3) If the tenant abandons the dwelling unit, the landlord
shall take immediate possession and shall make reasonable efforts to
rent it at a fair rental. If the landlord rents the dwelling unit
for a term beginning prior to the expiration of the rental
agreement, it is deemed to be terminated as of the date the new
tenancy begins. Total absence from the premises without notice
to landlord for one full rental period or thirty days, whichever is
less, shall constitute abandonment. §76-1432
Waiver of landlord's right to terminate.
Acceptance of rent with knowledge of a default by tenant or
acceptance of performance by the tenant that varies from the terms
of the rental agreement or rules or regulations subsequently adopted
by the landlord constitutes a waiver of his right to terminate the
rental agreement for that breach, unless otherwise agreed after the
breach has occurred. §76-1433
Landlord liens; distraint of property; prohibited.
(1) A lien or security interest on behalf of the landlord in the
tenant's household goods is not enforceable.
(2) Distraint for rent is abolished. §76-1434
Remedy for termination.
If the rental agreement is terminated, the landlord is entitled
to possession and may have a claim for rent and a separate claim for
actual damages for breach of the rental agreement and reasonable
attorney's fees as provided in subsection (3) of section 76-1431.
Recovery of possession limited.
A landlord may not recover or take possession of the dwelling
unit by action or otherwise, including willful diminution of
services to the tenant by interrupting or causing the interruption
of electric, gas, water or other essential service to the tenant,
except in case of abandonment, surrender, or as permitted in
sections 25-21,219 and 76-1401 to 76-1449. §76-1436
Periodic tenancy; holdover remedies.
(1) The landlord or the tenant may terminate a week-to-week
tenancy by a written notice given to the other at least seven days
prior to the termination date specified in the notice.
(2) The landlord or the tenant may terminate a month-to-month
tenancy by a written notice given to the other at least thirty days
prior to the periodic rental date specified in the notice.
(3) If the tenant remains in possession without the
landlord's consent after expiration of the term of the rental
agreement or its termination, the landlord may bring an action for
possession and if the tenant's holdover is willful and not in good
faith the landlord, in addition, may recover 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. If the landlord consents to the tenant's continued occupancy,
subsection (4) of section 76-1414 applies. §76-1437
Landlord and tenant remedies for abuse of access or entry.
(1) If the tenant refuses to allow lawful access, the landlord
may obtain injunctive relief to compel access, or terminate
the rental agreement. In either case, the landlord may recover
actual damages and reasonable attorney's fees.
(2) If the landlord makes an unlawful entry or a lawful entry
in an unreasonable manner or makes repeated demands for entry
otherwise lawful but which have the effect of unreasonably harassing
the tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the conduct, or terminate the rental agreement. In
either case, the tenant may recover actual damages not less than an
amount equal to one month's rent and reasonable attorney's fees. §76-1438
Retaliatory conduct prohibited.
(1) Except as provided in this section, a landlord may not
retaliate by increasing rent or decreasing services or by
bringing or threatening to bring an action for possession
(a) The tenant has complained to a government agency charged
with responsibility for enforcement of a minimum building or housing
code of a violation applicable to the premises materially affecting
health and safety; or
(b) The tenant has organized or become a member of a tenants'
union or similar organization.
(2) If the landlord acts in violation of subsection (1), the
tenant is entitled to the remedies provided in section 76-1430 and
has a defense in action against him for possession. Nothing in this
section shall be construed as prohibiting reasonable rent increases
or changes in services notwithstanding the occurrence of acts
specified in subsection (1).
(3) Notwithstanding subsections (1) and (2), a landlord may
bring an action for possession if:
(a) The violation of the applicable minimum building or housing
code was caused primarily by lack of reasonable care by the tenant
or other person in his household or upon the premises with his
(b) The tenant is in default in rent; or
(c) Compliance with the applicable minimum building or
housing code requires alteration, remodeling, or demolition which
would effectively deprive the tenant of use of the dwelling unit.
The maintenance of the action does not release the landlord
from liability under subsection (2) of section 76-1425. §76-1439
Action for possession.
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
Petition for restitution; filing; contents.
The person seeking possession shall file a petition for
restitution with the clerk of the district or county court. The
petition shall contain (a)the facts, with particularity, on
which he or she seeks to recover; (b) a reasonably accurate
description of the premises; and (c) the requisite
compliance with the notice provisions of the Uniform
Residential Landlord and Tenant Act. The petition may notify
the tenant that personal property remains on the premises and that
may be disposed of pursuant to section 69-2308. The
petition may also contain other causes of action relating to the
tenancy, but such causes of action shall be answered and tried
separately, if requested by either party in writing. §76-1441
Summons; contents; issuance; service; when; affidavit of
The summons shall be issued and directed, with a copy of the
petition 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 judgment shall be entered against him or
her. The summons may be served and returned as in other cases
or by any person, except that the summons shall be served within
three days, excluding Saturdays, Sundays, and holidays, from
the date of issuance and shall be returnable within five days,
excluding Saturdays, Sundays, and holidays, from the date of
issuance. The person making the service shall file with the court an
affidavit stating with particularity the manner in which he or
she made the service. If diligent efforts have been made to
serve the summons in the manner provided in sections 25-505.01 to
25-516.01 but such efforts were unsuccessful, the summons may
be served in the manner provided in section 76-1442.01. §76-1442
Summons; alternative method of service; affidavit;
When authorized by section 76-1442, service of a summons issued
under such section may be made by leaving a copy of the summons at
the defendant's last-known address and mailing a copy by first-class
mail to such address. The plaintiff shall file an affidavit
with the court showing that an attempt was made to serve the
summons in the manner provided in sections 25-505.01 to 25-516.01,
the reasons why such service was unsuccessful, and that service was
made by posting the summons at the last-known address of the
defendant and mailing a copy by first-class mail to the defendant.
No continuance shall be granted unless extraordinary cause be
shown to the court, and then not unless the defendant applying
therefor shall deposit with the clerk of the court payment of any
rents that have accrued, or give an undertaking with
sufficient surety therefor, and, in addition, deposit with the clerk
such rental payments as accrue during the pendency of the suit. §76-1443
Default of defendant.
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. §76-1444
Defendant may appear and answer.
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. §76-1445
Trial; judgment; limitation; writ of restitution;
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 shall proceed as other actions for possession
except that a money judgment shall not be granted for
the plaintiff. If judgment is rendered against the defendant
for the restitution of the premises, the court shall declare
the forfeiture of the rental agreement, and shall, at the request of
the plaintiff or his or her attorney, issue a writ
of restitution, directing the constable or sheriff to restore
possession of the premises to the plaintiff on a specified
date not more than ten days after issuance of the writ of
restitution. The plaintiff shall comply with the
Disposition of Personal Property Landlord and Tenant Act in the
removal of personal property remaining on the premises at the
time possession of the premises is restored. §76-1446
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 gives an appeal bond with surety
therefor, and thereafter pays into court, on a monthly basis, an
amount equal to the monthly rent called for by the rental agreement
at the time the complaint was filed. §76-1447
Operative date; sections; applicability.
Sections 25-21,219 and 76-1401 to 76-1449 shall
become operative on July 1, 1975. They apply to rental
agreements entered into or extended or renewed after that date.
Transactions entered into before effective date; effect.
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. §76-1449
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