This act shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.
The underlying purposes and policies of the Uniform Residential Landlord and Tenant Act are: (1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; (2) to encourage landlord and tenant to maintain and improve the quality of housing; and (3) to make uniform the law with respect to the subject of this act among those states which enact it.
The remedies provided by the Uniform Residential Landlord and Tenant Act shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. Any right or obligation declared by this act is enforceable by action unless the provision declaring it specifies a different and limited effect.
Unless created to avoid the application of the act, the following arrangements are not governed: (1) Residence at an institution if incidental to detention or provision of medical, geriatric, educational, counseling, religious, or similar service. (2) Occupancy under a contract of sale if the occupant is the purchaser. (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.
Key definitions include: 'Dwelling unit' means a structure or part of a structure used as a home or residence by one or more persons. 'Good faith' means honesty in fact in the conduct concerned. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and also a manager of the premises who fails to disclose as required. 'Premises' means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds held out for use of tenants. 'Qualified third party' means a nonprofit 501(c)(3) organization or federally recognized Nebraska tribe with an affiliation agreement with the Department of Health and Human Services to provide services to victims of domestic violence and sexual assault. 'Rent' means all payments to be made to the landlord under the rental agreement. 'Rental agreement' means all agreements, written or oral, between a landlord and tenant embodying the terms and conditions concerning the use and occupancy of a dwelling unit. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Every duty under this act and every act which must be performed as a condition precedent to the exercise of a right or remedy under this act imposes an obligation of good faith in its performance or enforcement.
The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this act or other rule of law. In absence of agreement, the tenant shall pay as rent the fair rental value. Rent shall be payable without demand or notice at the time and place agreed upon. Unless otherwise agreed, 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 the rental agreement fixes a definite term, the tenancy is week-to-week for a roomer who pays weekly rent, and in all other cases month-to-month. Upon request by a landlord, the tenant may provide the name and contact information of a person authorized to retrieve the tenant's personal property upon the tenant's death. The landlord shall make a reasonable attempt to contact that person within 10 days of the tenant's death.
A rental agreement shall not provide that the tenant: (1) waives or foregoes rights or remedies under this act; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's attorney fees; or (4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability. A provision prohibited by this section included in a rental agreement is void. If a landlord deliberately uses a rental agreement containing provisions known to be prohibited, the tenant may recover actual damages.
A landlord may not demand or receive security 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. 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 suffered by reason of the tenant's noncompliance. The landlord shall return the security deposit within 14 days after the tenant demands the payment and provides the location where the payment may be made or mailed, with a written description and itemized list of any deductions. If the landlord fails to comply, the landlord shall forfeit the right to withhold any portion of the deposit.
The landlord or any person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy: (1) the name and address of the person authorized to manage the premises; and (2) the name and address of an owner of the premises or a person authorized to act for and on behalf of the owner for service of process and for receiving notices and demands. This information shall be kept current.
At the commencement of the term the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and the landlord's duty to maintain fit premises. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages sustained.
The landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied or required to be supplied by the landlord; (5) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat.
The tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable building and housing codes materially affecting health and safety; (2) keep the dwelling unit as clean and safe as the condition of the premises permits; (3) dispose of all ashes, garbage, rubbish, and other waste in a clean and safe manner; (4) keep all plumbing fixtures 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; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or permit any person to do so; and (7) conduct themselves and require other persons on the premises to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment.
A landlord may adopt rules or regulations concerning the tenant's use and occupancy of the premises. A rule or regulation is enforceable against the tenant only if: (1) its purpose is to promote the convenience, safety, or welfare of the tenants in the premises; (2) it is reasonably related to the purpose for which it is adopted; (3) it applies to all tenants fairly; (4) it is sufficiently explicit to fairly inform the tenant of required conduct; (5) it is not for the purpose of evading the landlord's obligations; and (6) the tenant has notice of it at the time of entering into the rental agreement. A rule adopted after the tenant enters into the rental agreement is enforceable only if reasonable notice is given and it does not substantially modify the rental agreement.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit to inspect, make necessary or agreed repairs, supply services, or exhibit the unit to prospective purchasers, tenants, or contractors. The landlord may enter without consent in case of emergency. Except in emergencies, the landlord shall give the tenant at least 24 hours' notice of intent to enter and enter only at reasonable times. The landlord shall not abuse the right of access or use it to harass the tenant.
If there is a material noncompliance by the landlord with the rental agreement or the landlord's duty to maintain fit premises, the tenant may deliver a written notice specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate on a date not less than 30 days after receipt of the notice if the breach is not remedied within 14 days. The rental agreement will not terminate if the landlord adequately remedies the breach before the date specified. The tenant may not terminate for a condition caused by the deliberate or negligent act of the tenant.
If the landlord deliberately or negligently fails to supply running water, hot water, heat, or other essential services, the tenant may give written notice and then: (1) procure reasonable amounts of the services and deduct their actual and reasonable cost from the rent; (2) recover damages based on the diminution in the fair rental value of the dwelling unit; or (3) procure reasonable substitute housing and be excused from paying rent for that period. Tenant may not repair and deduct under Nebraska law.
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Effective: or vacate and withhold rent. Nebraska does not have a general repair-and-deduct remedy.
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: (1) immediately vacate and notify the landlord in writing within 14 days of intention to terminate the rental agreement, whereupon the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part rendered unusable, with liability for rent reduced proportionally.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three months' periodic rent or treble the actual damages sustained, whichever is greater.
For material noncompliance by the tenant with the rental agreement or statutory tenant duties, the landlord may deliver a written notice specifying the breach and stating that the rental agreement will terminate in 30 days if the breach is not remedied within 14 days. For a second such violation within six months of the first remedy, the landlord may terminate the agreement with a 14-day written notice. If rent is unpaid when due and the tenant fails to pay within 7 days after written notice of nonpayment, the landlord may terminate the rental agreement. If any occupant engages in violent criminal activity, illegal drug sales, or any activity that threatens the health or safety of other tenants, the landlord may give 5 days' written notice of termination.
If the tenant abandons the dwelling unit by being totally absent without notice to the landlord for one full rental period or 30 days whichever is less, the landlord may take immediate possession and shall make reasonable efforts to re-rent the unit at a fair rental value. If the landlord re-rents the unit for a term beginning prior to the expiration of the abandoning tenant's agreement, the prior agreement terminates as of the date the new tenancy begins. The landlord may recover damages for any period during which the unit was vacant.
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 essential services, except in case of abandonment, surrender, or as permitted in this act. Self-help eviction is prohibited.
The landlord or the tenant may terminate a week-to-week tenancy by written notice given at least 7 days prior to the termination date specified in the notice. The landlord or tenant may terminate a month-to-month tenancy by written notice given at least 30 days prior to the periodic rental date specified in the notice. If the tenant remains in possession without consent after expiration or termination of the rental agreement, the landlord may bring an action for possession and recover actual damages.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement, and recover actual damages. If the landlord makes an unlawful entry or makes repeated demands for entry that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief or terminate the rental agreement, and recover actual damages not less than one month's rent.
A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after: (1) the tenant has complained in good faith to a governmental agency about a building or housing code violation materially affecting health and safety; (2) the tenant has complained to the landlord of a violation of the landlord's duty to maintain fit premises; or (3) the tenant has organized or become a member of a tenant's union or similar organization. Evidence of a complaint within 6 months prior to the alleged retaliation creates a presumption of retaliation.
If a tenant fails to vacate after proper notice, the landlord may file a petition for restitution in the county court. The summons must be served at least 3 days before the hearing. The hearing must be scheduled within 14 days of filing. If the court finds in favor of the landlord, a writ of restitution shall issue. The landlord may recover unpaid rent, damages, and court costs. If the landlord prevails and the notice disclosed that attorney fees would be sought, the court may award reasonable attorney fees.
After a tenancy is terminated, if any personal property of the tenant remains on the premises, the landlord shall give the tenant written notice describing the property and stating that it will be disposed of if not claimed within a specified period. The tenant has the right to reclaim the property by paying any reasonable storage costs. If the property is not claimed within the specified period, the landlord may dispose of it. If the property has a reasonable value exceeding five hundred dollars, the landlord shall sell the property and apply the proceeds first to storage costs, then to any amounts owed by the tenant, and remit any surplus to the tenant.
If a check given for rent is returned for insufficient funds, the landlord may charge a returned check fee of $10 plus any reasonable handling fee imposed on the landlord by the financial institution. Late fees are enforceable only if specified in the rental agreement.
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