Nebraska Landlord Tenant Law - Click here to return to US Landlord

State of Nebraska Landlord Tenant Law Law


25-21,219
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; jurisdiction; exception.
LAW 25-21,219. The district and county courts shall have jurisdiction over complaints of
unlawful and forcible entry into lands and tenements and the detention of the same and of
complaints against those who, having a lawful and peaceable entry into lands or tenements,
unlawfully and by force hold the same. If the court finds that an unlawful and forcible entry has
been made and that the same lands or tenements are held by force or that the same, after a
lawful entry, are held unlawfully, the court shall cause the party complaining to have 
restitution thereof. The court or the jury, as the situation warrants, shall inquire into the matters
between the two litigants such as the amount of rent owing the plaintiff and the amount of 
damage caused by the defendant to the premises while they were occupied by him or her and
render a judgment or verdict accordingly. This section shall not apply to actions for possession of
any premises subject to the provisions of the Uniform Residential Landlord and Tenant Act.


25-21,220
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; against whom proceedings may be had; provisions not
exclusive.
LAW 25-21,220. Proceedings under sections 25-21,219 to 25-21,235 may be had in all
cases against tenants holding over their terms, and a tenant shall be deemed to be holding over his
term whenever he has failed, neglected, or refused to pay the rent or any part thereof when
the same became due; in all cases of sales of real estate or executions, orders or other judicial
process when the judgment debtor was in possession at the time of the rendition of judgment of
decree, by virtue of which such sale was made; in all cases of sale by executors or administrators
or guardians and on partition where any of the parties to the partition were in possession at 
the commencement of the suit after such sales so made on execution or otherwise shall have
been examined by the proper court and the same by such court adjudged legal; and in all cases
where the defendant is a settler or occupier of lands or tenements, without color of title, and to
which the complainant has the right of possession. This section shall not be construed as 
limiting the provisions of section 25-21,219.


25-21,221
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; notice to leave premises; when and how served.
LAW 25-21,221. It shall be the duty of the party, desiring to commence an action under
sections 25-21,219 to 25-21,235, to notify the adverse party to leave the premises for the
possession of which the action is about to be brought. This notice shall be served at least three 
days before commencing the action by leaving a written copy with such adverse party, or at his 
usual place of abode, if he cannot be found. Where the defendant or his usual place of abode
cannot be found in the county where the premises are located, such notice may be served by
leaving such notice at or posting it on the detained premises.


25-21,222
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; complaint; contents.
LAW 25-21,222. The summons shall not issue until the plaintiff shall have filed his
complaint in writing which shall particularly describe the premises so entered upon or detained,
and shall set forth either an unlawful and forcible entry and detention, or an unlawful and 
forcible detention after a peaceable or lawful entry of the described premises. The
complaint shall be copied into and made a part of the record.


25-21,223
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; summons; service; trial date.
LAW 25-21,223. The summons shall be issued and directed with a copy of the petition
attached to the summons, shall state the cause of the complaint, the time and place of trial of
the action for possession, and the answer day for other causes of action, and shall notify the
defendant that if he or she 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 its issuance and shall be returnable within five days, excluding Saturdays, Sundays,
and holidays, from the date of its 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. 
Trial of the action for possession shall be held not less than ten nor more than fourteen days
after the date of issuance of the summons.


25-21,224
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; failure of defendant to appear; effect.
LAW 25-21,224. If the defendant does 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.


25-21,225
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; continuance for more than seven days; undertaking
required.
LAW 25-21,225. No continuance shall be granted for a longer period than seven days,
unless upon cause shown to the court of the existence of extraordinary causes and then not
unless the defendant applying therefor shall give an undertaking to the adverse party, with good 
and sufficient surety to be approved by the court, conditioned for the payment of any rents
that have or may accrue, and any additional damages that may be sustained by such adverse
party by reason of the continuance, if judgment be rendered against the defendant.


25-21,226
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; trial without jury; judgment; restitution; costs.
LAW 25-21,226. If the suit is not continued or the place of trial changed, or if neither
party demands a jury, the court shall try the cause. If, after hearing the evidence, the court shall 
conclude that the complaint is not true, the court shall enter judgment against the plaintiff for
costs. If the court shall find that the complaint is true, judgment shall be entered against the 
defendant and in favor of the plaintiff for restitution of the premises and costs of suit. If
the court shall find that the complaint is true in part, judgment shall be entered for the 
restitution of such part only, and the costs shall be taxed as the court shall deem just and
equitable.


25-21,227
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; trial by jury; verdict.
LAW 25-21,227. If a jury is demanded by either party, the proceedings shall be in all
respects as in other cases. If the jury shall find that the complaint is true, they shall render a
general verdict of guilty against the defendant; if not true, then a general verdict of not guilty; if
true in part, then a verdict setting forth the facts they find true.


25-21,228
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; verdict; entry; judgment.
LAW 25-21,228. The court shall enter the verdict upon the docket, and shall render such
judgment in the action as if the facts authorizing the finding of such verdict had been found to
be true by the court.


25-21,229
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; exceptions.
LAW 25-21,229. Exceptions to the opinion of the judge of the court, in cases under
sections 25-21,219 to 25-21,235, upon questions of law and evidence, may be taken by either
party, whether tried by a jury or otherwise.


25-21,230
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; restitution; writ of execution; form.
LAW 25-21,230. Where a judgment of restitution shall be entered, the court shall, at the
request of the plaintiff, or his attorney, issue a writ of execution thereon which shall be in the
following form, as nearly as practicable:
The State of Nebraska, ................ County, ss.
To any Constable or Sheriff of ................ County:
Whereas, in a certain action for the forcible entry and detention, (or the forcible detention,
as the case may be) of the following described premises, to wit: .................., lately tried before 
this court, wherein ................... was plaintiff, and ............. was defendant, judgment was
rendered on the ....... day of .......... A.D. ........, you therefor are hereby commanded to cause 
the defendant to be forthwith removed from said premises, and the said plaintiff to have
restitution of the same; also that you levy of the goods and chattels of the said defendant, and
make the costs aforesaid, and all accruing costs; and of this writ make legal service and due
return. Witness my hand this ...... day of ........., A.D.
......, Clerk of the County Court.


25-21,231
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; writ of execution; service; writ of error stays
proceedings.
LAW 25-21,231. The officer shall, within ten days after receiving the writ, execute the
same by restoring the plaintiff to the possession of the premises, and shall levy and collect the
costs, and make return as upon other executions. If the officer shall receive a notice from the
court that the proceedings have been stayed by an allowance of a writ of error, he shall
immediately delay all further proceedings upon the execution; and if the premises have been
restored to the plaintiff, he shall immediately place the defendant in the possession thereof, and
return the writ, with his proceedings and costs taxed thereon.


25-21,232
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; judgment in county court; future action not barred.
LAW 25-21,232. Judgments obtained in county court under sections 25-21,219 to
25-21,235 shall not be a bar to any future action brought by either party.


25-21,233
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; appeal; procedure.
LAW 25-21,233. Any party against whom judgment has been entered in an action of
forcible entry and detention, or forcible detention only, of real property, may appeal as 
provided in sections 25-2728 to 25-2738.


25-21,234
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; appeal; operate as supersedeas; bond or surety
required.
LAW 25-21,234. No appeal shall operate as a supersedeas unless the appellant within thirty
days after the rendition of the judgment deposits with the clerk of the county court a cash bond
or undertaking with at least one good and sufficient surety approved by the court conditioned 
in case of appeal by the plaintiff that he or she will satisfy the final judgment and costs and, 
in case of appeal by the defendant, that he or she will satisfy the final judgment and costs and 
will pay a reasonable rent for the premises during the time he or she shall have unlawfully
withheld the same.


25-21,235
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.
LAW 25-21,235. In all actions of forcible entry and detention as well as of forcible
detention only, notwithstanding the execution of an undertaking or filing of a proper cash bond
for supersedeas or appeal, the judgment for restitution of the premises may be enforced, in the
discretion of the court, or a judge thereof in vacation, upon the execution of a bond with
sufficient surety, to defendant, or the deposit of a cash bond in such sum as the court shall fix,
conditioned that in case the plaintiff shall finally be defeated he will pay the defendant his costs 
and all damages he may have suffered by reason of the execution of the judgment, the bond to
be approved by the court or judge.



25-2730
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeal; operate as supersedeas; when; bond; criminal cases; appeal; effect.
LAW 25-2730. (1) In cases involving a money judgment or a judgment for the possession of
specified personal property, no appeal shall operate as a supersedeas unless the appellant within
thirty days after the rendition of the judgment deposits with the clerk of the county court a cash
bond or an undertaking with at least one good and sufficient surety approved by the court. In
cases involving a money judgment, the bond or undertaking shall be in the amount of the
judgment, costs, and estimated interest pending appeal and conditioned that the appellant shall 
pay the judgment, interest, and costs adjudged against him or her on appeal. In cases involving a
judgment for the possession of specified personal property, the bond or undertaking shall be in an
amount at least double the value of the property and conditioned that the appellant shall pay all
costs and damages adjudged against him or her on appeal and deliver the property in accordance
with the judgment on appeal.
(2) In appeals in cases of forcible entry and detainer, no appeal shall operate as a 
supersedeas unless the party appealing shall deposit an undertaking or cash bond in accordance
with section 25-21,234.
(3) In appeals in criminal cases, the execution of judgment and sentence, other than any
sentence to a period of confinement, shall be suspended during the appeal. Execution of a
sentence to a period of confinement shall be suspended only if
(a) the county court, in its discretion, allows the defendant to
continue at liberty under the prior recognizance or bail or 
(b) the defendant enters into a written recognizance to the State of Nebraska, with surety
or sureties approved by the county court or with a cash bond, filed with the clerk of the county
court. The condition of the recognizance shall be that the defendant will prosecute the appeal
without delay and abide and perform the judgment and sentence of the district court. Upon the 
filing of the notice of appeal, the county court shall fix the amount of the recognizance or cash
bond, which shall be a reasonable amount. The cash bond shall be returned upon the
fulfillment of the conditions of the bond.
(4) In appeals in cases under the Uniform Residential Landlord and Tenant Act, no appeal
shall operate as a supersedeas of any writ of restitution unless the defendant deposits an
undertaking or cash bond in accordance with section 76-1447.
(5) In all other cases, perfection of an appeal shall not stay the proceedings.
(6) In any case, the district court, on motion after notice and hearing and upon such terms
as justice shall require, may stay any order or judgment appealed from, order a renewal or
additional surety of an undertaking, or order the amount of the undertaking or recognizance
increased or decreased. The action of the district court shall be certified by the clerk to the
clerk of the county court.


25-2731
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeal; transcript; contents; clerk; duties.
LAW 25-2731. (1) Upon perfection of the appeal, the clerk of the county court shall
transmit within ten days to the clerk of the district court a certified copy of the transcript and
the docket fee, whereupon the clerk of the district court shall docket the appeal. A copy of any
bond or undertaking shall be transmitted to the clerk of the district court within ten days of filing.
(2) The Supreme Court shall, by rule and regulation, specify the method of ordering the
transcript and the form and content of the transcript.


25-2732
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Testimony; preservation; bill of exceptions; cost.
LAW 25-2732. (1) Testimony in all civil and criminal cases in county court shall be
preserved by tape recording, but the court may order the use of a court reporter in any case.
(2) Standards for equipment for tape recording testimony and rules for using such
equipment shall be prescribed by the Supreme Court. Such standards shall require that the
equipment be capable of multiple-track recording and of instantaneous monitoring by the
clerk or other court employee operating the equipment.
(3) The transcription of such testimony, when certified to by the stenographer or court
reporter who made it and settled by the court as such, shall constitute the bill of exceptions in the 
case. The cost of preparing the bill of exceptions shall be paid initially by the party for whom it is
prepared.
(4) The procedure for preparation, settlement, signature, allowance, certification,
filing, and amendment of a bill of exceptions shall be governed by rules of practice
prescribed by the Supreme Court.


25-2733
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeals; district court; review record; disposition; costs.
LAW 25-2733. (1) In all cases other than appeals from the Small Claims Court, the district
court shall review the case for error appearing on the record made in the county court. The
district court shall render a judgment which may affirm, affirm but modify, or reverse the
judgment or final order of the county court. If the district court reverses, it may enter judgment 
in accordance with its findings or remand the case to the county court for further proceedings
consistent with the judgment of the district court. Within two judicial days after the decision of
the district court becomes final, the clerk of the district court shall issue a mandate in appeals 
from the county court and transmit the mandate in appeals to the clerk of the county court on 
the form prescribed by the Supreme Court together with a copy of such decision.
(2) The bill of exceptions, if filed with the clerk at or before the hearing, shall be
considered admitted in evidence on the hearing of the appeal unless the court on objection by a
party excludes all or part of it.
(3) The judgment of the district court shall vacate the judgment in the county court. 
The taxation of costs in the district court shall include the costs in the county court. If a judgment 
of the county court is affirmed or affirmed but modified, interest on the amount of the
judgment in the district court that does not exceed the amount of the judgment in the county 
court shall run from the date of the judgment appealed from the county court.


25-2734
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeals from Small Claims Court; de novo review; disposition; costs.
LAW 25-2734. In all cases of appeals from the Small Claims Court the district court shall try
the case de novo without a jury. The judgment of the district court shall vacate the
judgment in the county court or the judgment, if entered prior to July 1, 1985, in the municipal
court. The taxation of costs in the district court shall include the costs in the county court.


25-2735

Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeal; surety; liability.
LAW 25-2735. When an appeal shall be dismissed or when judgment shall be entered in 
the district court against the appellant, the sureties in the undertaking shall be liable to the
appellee for the amount of the judgment, interest, and costs recovered against the appellant,
but not to exceed the amount of the undertaking.


25-2736
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeal; procedural dismissal; effect.
LAW 25-2736. If an appeal is dismissed for procedural reasons, the clerk of the district
court shall certify the order without cost to the county court. Thereafter the proceedings in the
county court shall continue as if no appeal had been taken.


25-2737
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeal; appellant; pay costs; when.
LAW 25-2737. In all cases involving a money judgment, if any person appealing from a
judgment rendered in his or her favor shall not recover a greater sum than the amount for 
which judgment was rendered, besides costs and the interest accruing thereon, such appellant
shall pay the costs of such appeal.


25-2738
Chapter 25. Courts, District; Civil Procedure.
CATCHLINE Appeals; when not allowed.
LAW 25-2738. No appeal shall be allowed from judgments rendered on confession.


69-2301
Chapter 69. Personal Property.
CATCHLINE Act, how cited.
LAW 69-2301. Sections 69-2301 to 69-2314 shall be known and may be cited as the
Disposition of Personal Property Landlord and Tenant Act.


69-2302
Chapter 69. Personal Property.
CATCHLINE Terms, defined.
LAW 69-2302. For purposes of the Disposition of Personal Property Landlord and Tenant
Act:
(1) Landlord shall mean the owner, lessor, or sublessor of furnished or unfurnished 
premises, including self-service storage units or facilities, for rent or his or her agent or
successor in interest;
(2) Owner shall mean 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 premises and shall include a mortgagee in possession;
(3) Premises shall mean a building or a distinct portion of a building, the facilities and
appurtenances in such building, and the grounds, areas, and facilities held out for the use of
tenants generally or the use of which is promised to the tenants;
(4) Reasonable belief shall mean the knowledge or belief a prudent person should 
have without making an investigation, including any investigation of public records, except
that when the landlord has specific information indicating that such an investigation would more
probably than not reveal pertinent information and the cost of such an investigation would be 
reasonable in relation to the probable value of the personal property involved, reasonable belief 
shall include the actual knowledge or belief a prudent person would have if such
investigation were made;
(5) Reasonable costs of storage shall include:
(a) Reasonable costs actually incurred, the reasonable value of labor actually provided,
or both in removing personal property from its original location on the vacated premises to the 
place of storage, including disassembly and transportation; and
(b) Reasonable storage costs actually incurred which shall not exceed the fair rental
value of the space reasonably required for the storage of the personal property; and
(6) Tenant shall mean a person entitled under a rental agreement to occupy any premises
for rent or storage uses to the exclusion of others whether such premises are used as a dwelling
unit or self-service storage unit or facility or not.


69-2303
Chapter 69. Personal Property.
CATCHLINE Personal property remaining on premises; landlord; duties;
notice; contents; delivery.
LAW 69-2303. (1) When personal property remains on the premises after a tenancy has 
terminated or expired and the premises have been vacated by the tenant, the landlord shall give
written notice as provided in subsection (2) of this section to such tenant and to any other 
person the landlord reasonably believes to be the owner of the property.
(2)(a) The notice required by subsection (1) of this section shall describe the property 
in a manner reasonably adequate to permit the owner of the property to identify it. The notice
may describe all or a portion of the property, but the limitation of liability provided by
section 69-2309 shall not protect the landlord from any liability arising from the disposition of
property not described in the notice, except that a trunk, valise, box, or other container which 
is locked, fastened, or tied in a manner which deters immediate access to its contents may be
described as such without describing its contents.
(b) The notice shall state that reasonable costs of storage may be charged before the 
property is returned, the location where the property may be claimed, and the date on or
before which such property must be claimed.
(c) The date specified in the notice shall be a date not less than seven days after the notice
is personally delivered or, if mailed, not less than fourteen days after the notice is deposited in
the mail.
(d) The notice shall be given within six months of the date of expiration of the lease of
the property or the date of discovery of the abandonment, whichever is later.
(3) The notice shall be personally delivered or sent by first-class mail, postage prepaid, to
the person to be notified at his or her last-known address and, if there is reason to believe
that the notice sent to that address will not be received by him or her, also delivered or sent to
such other address, if any, known to the landlord at which such person may reasonably be
expected to receive the notice.


69-2304
Chapter 69. Personal Property.
CATCHLINE Notice; statement required.
LAW 69-2304. A notice given pursuant to section 69-2303
shall contain one of the following statements, as appropriate:
(1) "If you fail to reclaim the property, it will be sold at a public sale after notice of the
sale has been given by publication. You have the right to bid on the property at this sale. After 
the property is sold and the costs of storage, advertising, and sale are deducted, the remaining
money will be turned over to the State Treasurer pursuant to the Uniform Disposition of 
Unclaimed Property Act. You may claim the remaining money from the office of the 
State Treasurer as provided in such act."; or
(2) "Because this property is believed to be worth less than two hundred fifty dollars, it 
may be kept, sold, or destroyed without further notice if you fail to reclaim it within the time
indicated in this notice.".


69-2305
Chapter 69. Personal Property.
CATCHLINE Notice; form.
LAW 69-2305. (1) A notice given to a former tenant which is in substantially the 
following form shall satisfy the requirements of section 69-2303:
Notice of Right to Reclaim Abandoned Property
To:
...............................................................
(Name of former tenant)
...................................................................
(Address of former tenant)
When you vacated the premises at
.................................................................,
(Address of premises, including room or apartment number, if any)
the following personal property remained:
...................................................................
(Insert description of the personal property)
You may claim this property at
....................................
.................................................................
.
(Address where property may be claimed)
Unless you pay the reasonable costs of storage for all the above-described property and take 
possession of the property which you claim not later than ........, (insert date not less than
seven days after notice is personally delivered or, if mailed, not less than fourteen days after
notice is deposited in the mail) this property may be disposed of pursuant to the Disposition
of Personal Property Landlord and Tenant Act.
(Insert here the statement required by section 69-2304)
Dated: ............ ..................................
(Signature of landlord)
..................................
(Type or print name of landlord)
..................................
(Telephone number)
..................................
(Address)
(2) A notice which is in substantially the following form given to a person other than a 
former tenant whom the landlord reasonably believes to be the owner of personal property shall
satisfy the requirements of section 69-2303:
Notice of Right to Reclaim Abandoned Property
To:
...............................................................
(Name)
...................................................................
(Address)
When ........................... vacated the premises
at
(Name of former tenant)
.................................................................,
(Address of premises, including room or apartment number, if any)
the following personal property remained:
...................................................................
(Insert description of the personal property)
If you own any of this property, you may claim it at
..............
.................................................................
.
(Address where property may be claimed)
Unless you pay the reasonable costs of storage and take possession of the property to
which you are entitled not later than ............. (insert date not less than seven days after notice
is personally delivered or, if mailed, not less than fourteen days after notice is deposited in
mail) this property may be disposed of pursuant to the Disposition of Personal Property
Landlord and Tenant Act.
(Insert here the statement required by section 69-2304)
Dated: ............ ..................................
(Signature of landlord)
..................................
(Type or print name of landlord)
..................................
(Telephone number)
..................................
(Address)


69-2306
Chapter 69. Personal Property.
CATCHLINE Landlord; property; removal and storage; liability.
LAW 69-2306. A landlord may leave personal property on the vacated premises or may
remove and store the property in a place of safekeeping until the landlord either releases or
disposes of the property pursuant to the Disposition of Personal Property Landlord and Tenant
Act. The landlord shall exercise reasonable care in storing the property but shall not be liable
to the tenant or any other owner for any loss unless such loss is caused by the landlord's
intentional or negligent act.


69-2307

Chapter 69. Personal Property.
CATCHLINE Landlord; release of personal property; when.
LAW 69-2307. (1) A landlord shall release personal property left on the vacated
premises to the former tenant or to any person reasonably believed by the landlord to be the
owner if such tenant or other person pays the reasonable costs of storage and advertising and
takes possession of the property not later than the date specified in the notice for taking
possession.
(2) When personal property is not released pursuant to subsection (1) of this section and
the notice has stated that the personal property will be sold at a public sale, the landlord shall
release the personal property to the former tenant or other person if he or she claims the
property prior to sale and pays the reasonable costs of storage, advertising, and preparation for
sale incurred prior to such claim and payment.


69-2308
Chapter 69. Personal Property.
CATCHLINE Sale of personal property; when required; notice of sale;
requirements; disposition of proceeds.
LAW 69-2308. (1) If the personal property is not released pursuant to section 69-2307, it
shall be sold at public sale by competitive bidding, except that if the landlord reasonably
believes that the total resale value of the property not released is less than two hundred fifty
dollars, he or she may retain such property for his or her own use or dispose of it in any manner
he or she chooses. At such time as the decision to sell or to retain is made, any locked trunk,
valise, box, or other container shall be opened, if practicable, with as little damage as
possible, and its contents evaluated. Nothing in this section shall be construed to preclude the
landlord or the tenant from bidding on the property at the public sale. The successful
bidder's title shall be subject to ownership rights, liens, and security interests which have priority
by law.
(2) Notice of the time and place of the public sale shall be given by advertisement of the
sale published once a week for two consecutive weeks in a newspaper of general circulation in 
the county where the sale is to be held. If there is no newspaper of general circulation in the
county where the sale is to be held, the advertisement shall be posted no fewer than ten days
before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. 
The sale shall be held at the nearest suitable place to the place where the personal property is
held or stored. The advertisement shall include a description of the goods, the name of the
former tenant, and the time and place of the sale. The sale shall take place no sooner than ten
days after the first publication. The last publication shall be no less than five days before the sale
is to be held. Notice of sale may be published before the last of the dates specified for taking
possession of the property in any notice given pursuant to section 69-2303.
(3) The notice of the sale shall describe the property to be sold in a manner reasonably
adequate to permit the owner of the property to identify it. The notice may describe all or a
portion of the property, but the limitation of liability provided by section 69-2309 shall not 
release the landlord from any liability arising from the disposition of property not described in
the notice.
(4) After deduction of the reasonable costs of storage, advertising, and sale, any proceeds
of the sale not claimed by the former tenant, an owner other than such tenant, or another person 
having an interest in the proceeds shall, not later than thirty days after the date of sale, be 
remitted to the State Treasurer for disposition pursuant to the Uniform Disposition of
Unclaimed Property Act. The former tenant, other owner, or other person having interest in the
proceeds may claim the proceeds by complying with the act. If the State Treasurer pays the
proceeds or any part thereof to a claimant, neither the State Treasurer nor any employee thereof
shall be liable to any other claimant as to the amount paid.


69-2309
Chapter 69. Personal Property.
CATCHLINE Release or disposition of personal property; liability of landlord.
LAW 69-2309. (1) If the landlord releases to the former tenant property which remains on
the premises after a tenancy is terminated, the landlord shall not be liable to any person with
respect to such property.
(2) If the landlord releases property pursuant to section 69-2307 to a person who is not
the former tenant and who is reasonably believed by the landlord to be the owner of the
property, the landlord shall not be liable with respect to such property to:
(a) Any person to whom notice was given pursuant to section 69-2303; and
(b) Any person to whom notice was not given pursuant to section 69-2303 unless such 
person proves that, prior to releasing the property, the landlord believed or reasonably
should have believed that such person had an interest in the property and also that the 
landlord knew or should, upon reasonable investigation, have known the address of such
person.
(3) When property is disposed of pursuant to section 69-2308, the landlord shall not be
liable with respect to that property to:
(a) Any person to whom notice was given pursuant to section 69-2303; and
(b) Any person to whom notice was not given pursuant to section 69-2303 unless such 
person proves that, prior to disposing of the property pursuant to section 69-2308, the
landlord believed or reasonably should have believed that such person had an interest in the
property and also that the landlord knew or should, upon reasonable investigation, have known 
the address of such person.


69-2310
Chapter 69. Personal Property.
CATCHLINE Costs of storage; how assessed.
LAW 69-2310. (1) Costs of storage for which payment may be required shall be assessed in
the following manner:
(a) When a former tenant claims property pursuant to section 69-2307, he or she may be
required to pay the reasonable costs of storage for all the personal property remaining on the
premises at the termination of the tenancy; and
(b) When an owner other than the former tenant claims property pursuant to section
69-2307, he or she may be required to pay the reasonable costs of storage for only the property 
in which he or she claims an interest.
(2) In determining the costs to be assessed under subsection (1) of this section, the
landlord may not charge more than one person for the same costs.


69-2311
Chapter 69. Personal Property.
CATCHLINE Residential landlord; surrender personal property to residential tenant; conditions;
applicability of section.
LAW 69-2311. A residential landlord shall surrender to a residential tenant or to a
residential tenant's duly authorized representative any personal property not owned by the 
landlord which has been left on the premises after the tenant has vacated the residential premises 
and the return of which has been requested by the tenant or by the authorized representative
of the tenant if:
(1) The tenant requests in writing, within fourteen days of vacating the premises, the
surrender of the personal property and the request includes a description of the personal
property held by the landlord and specifies the mailing address of the tenant;
(2) The landlord or the landlord's agent has control or possession of such personal property
at the time the request is received;
(3) The tenant, prior to the surrender of the personal property by the landlord and upon
written demand by the landlord, tenders payment of all reasonable costs associated with the
landlord's removal and storage of the personal property. The landlord's demand for payment of
reasonable costs associated with the removal and storage of personal property shall be in writing
and shall either be mailed to the tenant at the address provided pursuant to subdivision (1) of 
this section or shall be personally presented to the tenant or to the tenant's authorized
representative within five days after the actual receipt of the tenant's request for surrender of
the personal property, unless the property is returned first. The demand shall itemize all
charges, specifying the nature and amount of each item of cost; and
(4) The tenant agrees to claim and remove the personal property at a reasonable time 
mutually agreed upon by the landlord and tenant but not later than seventy-two hours after the
tender provided for under subdivision (3) of this section.
This section shall not apply to the rental of a self-service storage unit or facility.


69-2312
Chapter 69. Personal Property.
CATCHLINE Landlord retaining personal property; civil action authorized.
LAW 69-2312. Any landlord who retains personal property in violation of the Disposition
of Personal Property Landlord and Tenant Act shall be liable to the tenant in a civil action for:
(1) Actual damages not to exceed the value of the personal property if such property 
is not surrendered: 
(a) Within a reasonable time after the tenant requests surrender of the personal property; 
or 
(b) if the landlord has demanded payment of reasonable costs associated with removal 
and storage and the tenant has complied with the requirements of section 69-2311. Three
days shall be presumed to be a reasonable time in the absence of evidence to the contrary; and
(2) Reasonable attorney's fees and costs.


69-2313
Chapter 69. Personal Property.
CATCHLINE Lost personal property; disposition; liability.
LAW 69-2313. Personal property which the landlord reasonably believes to have been
lost shall be disposed of as otherwise provided by law, but if the appropriate law enforcement
agency or other governmental agency refuses to accept custody of such property, the landlord
may dispose of the property pursuant to the Disposition of Personal Property Landlord and
Tenant Act. The landlord shall not be liable to the owner of the property if he or she disposes of
such property in compliance with the act.


69-2314
Chapter 69. Personal Property.
CATCHLINE Remedy; not exclusive.
LAW 69-2314. The remedy provided by the Disposition of Personal Property Landlord
and Tenant Act shall not be exclusive and shall not preclude the landlord or the tenant from
pursuing any other remedy provided by law.


76-1401
Chapter 76. Real Property.
CATCHLINE Act, how cited.
LAW 76-1401. Sections 76-1401 to 76-1449 shall be known and may be cited as the
Uniform Residential Landlord and Tenant Act.


76-1402
Chapter 76. Real Property.
CATCHLINE Purposes; rules of construction.
LAW 76-1402. (1) Sections 25-21,219 and 76-1401 to 76-1449 shall be liberally construed 
and applied to promote their underlying purposes and policies.
(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 it.


76-1403
Chapter 76. Real Property.
CATCHLINE Supplementary principles of law applicable.
LAW 76-1403. 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.


76-1404
Chapter 76. Real Property.
CATCHLINE Construction against implicit repeal.
LAW 76-1404. 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.


76-1405
Chapter 76. Real Property.
CATCHLINE Remedies; administration and enforcement; duty to mitigate damages.
LAW 76-1405. (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 effect.


76-1406
Chapter 76. Real Property.
CATCHLINE Settlement; authorized.
LAW 76-1406. 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.


76-1407
Chapter 76. Real Property.
CATCHLINE Jurisdiction; territorial application.
LAW 76-1407. 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 state.


76-1408
Chapter 76. Real Property.
CATCHLINE Exclusions from application of sections.
LAW 76-1408. 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.


76-1409
Chapter 76. Real Property.
CATCHLINE Courts; jurisdiction.
LAW 76-1409. 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.


76-1410
Chapter 76. Real Property.
CATCHLINE Terms, defined.
LAW 76-1410. Subject to additional definitions contained in the Uniform Residential
Landlord and Tenant Act and unless the context otherwise requires:
(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 transaction concerned.
(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 commercial entity.
(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.


76-1411
Chapter 76. Real Property.
CATCHLINE Obligation of good faith.
LAW 76-1411. 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 enforcement.


76-1412
Chapter 76. Real Property.
CATCHLINE Unconscionability.
LAW 76-1412. (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.


76-1413
Chapter 76. Real Property.
CATCHLINE Notice.
LAW 76-1413. (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.


76-1414
Chapter 76. Real Property.
CATCHLINE Terms and conditions of rental agreement.
LAW 76-1414. (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 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.


76-1415
Chapter 76. Real Property.
CATCHLINE Prohibited provisions in rental agreements.
LAW 76-1415. (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; 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) 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.


76-1416
Chapter 76. Real Property.
CATCHLINE Security deposits; prepaid rent.
LAW 76-1416. (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 authorities organized or 
existing under sections 71-1518 to 71-1554.
(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) the tenant may recover the property 
and money due him and reasonable attorney's fees.
(4) This section does not preclude the landlord or tenant from recovering other damages
to which he may be entitled under sections 25-21,219 and 76-1401 to 76-1449.
(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.


76-1417
Chapter 76. Real Property.
CATCHLINE Disclosure.
LAW 76-1417. (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 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) 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 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.


76-1418
Chapter 76. Real Property.
CATCHLINE Landlord to supply possession of dwelling unit.
LAW 76-1418. 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.


76-1419
Chapter 76. Real Property.
CATCHLINE Landlord to maintain fit premises.
LAW 76-1419. (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;
(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 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 sections 25-21,219 and 76-1401 to 76-1449, a
landlord may employ a tenant to perform the obligations of the landlord.


76-1420
Chapter 76. Real Property.
CATCHLINE Limitation of liability.
LAW 76-1420. (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.


76-1421
Chapter 76. Real Property.
CATCHLINE Tenant to maintain dwelling unit.
LAW 76-1421. 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.


76-1422
Chapter 76. Real Property.
CATCHLINE Rules and regulations.
LAW 76-1422. 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 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.


76-1423
Chapter 76. Real Property.
CATCHLINE Access.
LAW 76-1423. (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 reasonable times.
(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.


76-1424
Chapter 76. Real Property.
CATCHLINE Tenant to use and occupy.
LAW 76-1424. 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.


76-1425
Chapter 76. Real Property.
CATCHLINE Noncompliance by landlord.
LAW 76-1425. (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 76-1425.
(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and
security recoverable by the tenant under section 76-1416.


76-1426
Chapter 76. Real Property.
CATCHLINE Failure to deliver possession.
LAW 76-1426. 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.


76-1427
Chapter 76. Real Property.
CATCHLINE Wrongful failure to supply heat, water, hot water, or essential services.
LAW 76-1427. (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.


76-1428
Chapter 76. Real Property.
CATCHLINE Landlord's noncompliance as defense to action for possession.
LAW 76-1428. (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.


76-1429
Chapter 76. Real Property.
CATCHLINE Fire or casualty damage.
LAW 76-1429. (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 dwelling unit.
(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.


76-1430
Chapter 76. Real Property.
CATCHLINE Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of
service.
LAW 76-1430. 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.


76-1431
Chapter 76. Real Property.
CATCHLINE Noncompliance; failure to pay rent; effect.
LAW 76-1431. (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.


76-1432
Chapter 76. Real Property.
CATCHLINE Remedies for absence, nonuse, and abandonment.
LAW 76-1432. (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 necessary.
(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.


76-1433
Chapter 76. Real Property.
CATCHLINE Waiver of landlord's right to terminate.
LAW 76-1433. 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.


76-1434
Chapter 76. Real Property.
CATCHLINE Landlord liens; distraint of property; prohibited.
LAW 76-1434. (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.


76-1435
Chapter 76. Real Property.
CATCHLINE Remedy for termination.
LAW 76-1435. 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.


76-1436
Chapter 76. Real Property.
CATCHLINE Recovery of possession limited.
LAW 76-1436. 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.


76-1437
Chapter 76. Real Property.
CATCHLINE Periodic tenancy; holdover remedies.
LAW 76-1437. (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.


76-1438
Chapter 76. Real Property.
CATCHLINE Landlord and tenant remedies for abuse of access or entry.
LAW 76-1438. (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.


76-1439
Chapter 76. Real Property.
CATCHLINE Retaliatory conduct prohibited.
LAW 76-1439. (1) Except as provided in this section, a landlord may not retaliate by 
increasing rent or decreasing services or by bringing or threatening to bring an action for
possession after:
(a) The tenant has complained to a government agency charged with responsibility for
enforcement 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 consent;
(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.


76-1440
Chapter 76. Real Property.
CATCHLINE Action for possession.
LAW 76-1440. An action for possession of any premises subject to the Uniform
Residential Landlord and Tenant Act shall be commenced in the manner described by sections
76-1440 to 76-1447.


76-1441
Chapter 76. Real Property.
CATCHLINE Petition for restitution; filing; contents.
LAW 76-1441. 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 it 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.


76-1442
Chapter 76. Real Property.
CATCHLINE Summons; contents; issuance; service; when; affidavit of service.
LAW 76-1442. 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.


76-1442.01
Chapter 76. Real Property.
CATCHLINE Summons; alternative method of service; affidavit; contents.
LAW 76-1442.01. 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.


76-1443
Chapter 76. Real Property.
CATCHLINE Continuance; when.
LAW 76-1443. 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.


76-1444
Chapter 76. Real Property.
CATCHLINE Default of defendant.
LAW 76-1444. 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.


76-1445
Chapter 76. Real Property.
CATCHLINE Defendant may appear and answer.
LAW 76-1445. 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.


76-1446
Chapter 76. Real Property.
CATCHLINE Trial; judgment; limitation; writ of restitution; issuance.
LAW 76-1446. 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.


76-1447
Chapter 76. Real Property.
CATCHLINE Appeal; effect.
LAW 76-1447. 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.


76-1448
Chapter 76. Real Property.
CATCHLINE Operative date; sections; applicability.
LAW 76-1448. 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.


76-1449
Chapter 76. Real Property.
CATCHLINE Transactions entered into before effective date; effect.
LAW 76-1449. 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.


76-1450
Chapter 76. Real Property.
CATCHLINE Act, how cited.
LAW 76-1450. Sections 76-1450 to 76-14,111 shall be known and may be cited as the
Mobile Home Landlord and Tenant Act.


76-1451
Chapter 76. Real Property.
CATCHLINE Purposes; construction.
LAW 76-1451. (1) The Mobile Home Landlord and Tenant Act shall be liberally 
construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of the Mobile Home Landlord and Tenant Act
are:
(a) To simplify, clarify, and establish the law governing the rental of mobile home
spaces and the rights and obligations of landlord and tenant; and
(b) To encourage landlord and tenant to maintain and improve the quality of mobile home
living.


76-1452
Chapter 76. Real Property.
CATCHLINE Supplementary principles of law applicable.
LAW 76-1452. Unless displaced by the provisions of the Mobile Home Landlord and
Tenant Act, the principles of law and equity, including the law relating to capacity to
contract, mutuality of obligations, principal and agent, real property, public health, safety and 
fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or
other validating or invalidating cause shall supplement the provisions of the act.


76-1453
Chapter 76. Real Property.
CATCHLINE Remedies; administration and enforcement; duty to mitigate damages.
LAW 76-1453. (1) The remedies provided by the Mobile Home Landlord and Tenant Act 
shall be so administered that the aggrieved party may recover appropriate damages. The 
aggrieved party shall have a duty to mitigate damages.
(2) Any right or obligation declared by the Mobile Home Landlord and Tenant Act shall be
enforceable by action unless the provision declaring it specifies a different and limited effect.


76-1454
Chapter 76. Real Property.
CATCHLINE Settlement of claim or right.
LAW 76-1454. A claim or right arising under the Mobile Home Landlord and Tenant Act
or under a rental agreement may be settled by agreement.


76-1455
Chapter 76. Real Property.
CATCHLINE Public housing; not subject to act.
LAW 76-1455. The Mobile Home Landlord and Tenant Act shall not apply to an
occupancy in or operation of public housing as authorized, provided, or conducted pursuant to
any federal law or regulation with which the act might conflict.


76-1456
Chapter 76. Real Property.
CATCHLINE Jurisdiction and service of process.
LAW 76-1456. The district or county court of this state may exercise jurisdiction over 
any landlord or tenant with respect to any conduct in this state governed by the Mobile Home
Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act 
for a dwelling unit located within its jurisdictional boundaries. Service outside this state may be
made in the manner provided in section 25-540.


76-1457
Chapter 76. Real Property.
CATCHLINE Definitions, where found.
LAW 76-1457. As used in the Mobile Home Landlord and Tenant Act, unless the 
context otherwise requires, the definitions found in sections 76-1458 to 76-1471 shall apply.


76-1458
Chapter 76. Real Property.
CATCHLINE Business, defined.
LAW 76-1458. Business shall mean a corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership, limited liability company,
association, two or more persons having a joint or common interest, or any other legal or
commercial entity which is a landlord, owner, manager, or deemed to be an agent pursuant to
section 76-1480.


76-1459
Chapter 76. Real Property.
CATCHLINE Dwelling unit, defined.
LAW 76-1459. Dwelling unit shall mean a mobile home or the part of a mobile home that 
is used as a home, residence, or sleeping place by one person who maintains a household or by 
two or more persons who maintain a common household but shall not include any real property
used to accommodate a mobile home.


76-1460
Chapter 76. Real Property.
CATCHLINE Good faith, defined.
LAW 76-1460. Good faith shall mean honesty in fact in the conduct of the transaction
concerned.


76-1461
Chapter 76. Real Property.
CATCHLINE Housing code, defined.
LAW 76-1461. Housing code shall include any law, ordinance, or governmental 
regulation concerning fitness for habitation, or the construction, maintenance, operation,
occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. 
Minimum housing code shall be limited to those laws, resolutions, ordinances, or regulations, or
portions thereof, dealing specifically with health and minimum standards of fitness for habitation.


76-1462
Chapter 76. Real Property.
CATCHLINE Landlord, defined.
LAW 76-1462. Landlord shall mean the mobile home park owner and any agent
authorized to act on the owner's behalf in matters relating to tenancy in the park and shall
include the manager of a mobile home park who fails to disclose as required by sections 76-1479
to 76-1482.


76-1463
Chapter 76. Real Property.
CATCHLINE Mobile home, defined.
LAW 76-1463. Mobile home shall mean a movable or portable dwelling constructed to be
towed on its own chassis, connected to utilities, and designed with or without a permanent 
foundation for year-round living. It may consist of one or more units that can be telescoped
when towed and expanded later for additional capacity, or of two or more units, separately 
towable but designed to be joined into one integral unit, and shall include a manufactured home as
defined in section 71-4603.


76-1464
Chapter 76. Real Property.
CATCHLINE Mobile home park, defined.
LAW 76-1464. Mobile home park shall mean a parcel or contiguous parcels of land
which have been so designated and improved that the parcel or parcels contain two or more
mobile home lots available to the general public for the placement thereon of mobile homes
for occupancy. The term mobile home park shall not be construed to include mobile homes,
buildings, tents, or other structures temporarily maintained by any individual, corporation,
company, or other entity on its own premises and used exclusively to house its own labor
force, and shall not include real property which is rented or held out for rent for seasonal
recreational purposes only and which is not intended for year-round occupancy.


76-1465
Chapter 76. Real Property.
CATCHLINE Mobile home space, defined.
LAW 76-1465. Mobile home space shall mean a designated portion of a mobile home park
designed for the accommodation of one mobile home and its accessory buildings or structures
for the exclusive use of the occupants.


76-1466
Chapter 76. Real Property.
CATCHLINE Owner, defined.
LAW 76-1466. Owner shall mean one or more persons, jointly or severally, in whom are
vested (a) all or a part of the legal title to property or (b) all or part of the beneficial ownership
and a right to present use and enjoyment of a mobile home park, and shall include a mortgagee
in possession.


76-1467
Chapter 76. Real Property.
CATCHLINE Rent, defined.
LAW 76-1467. Rent shall mean a payment to be made to a landlord pursuant to a rental
agreement.


76-1468
Chapter 76. Real Property.
CATCHLINE Rental agreement, defined.
LAW 76-1468. Rental agreement shall mean any agreement, written or implied by law, and
any rules and regulations adopted pursuant to section 76-1494 which constitute the terms
and conditions concerning the use and occupancy of a mobile home space.


76-1469
Chapter 76. Real Property.
CATCHLINE Rental deposit, defined.
LAW 76-1469. Rental deposit shall mean a deposit of money to secure performance of a
mobile home space rental agreement other than a deposit which is exclusively an advance
payment of rent.