Nebraska Statutes 76-1489. Rental deposit; unlawful retention; damages
Current as of: 2023 | Check for updates
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If a landlord retains all or any portion of a rental deposit in violation of sections 76-1483 to 76-1488, the tenant may recover the amount of the rental deposit due to the tenant, court costs, and reasonable attorney‘s fees. In addition, if the landlord’s retention of the rental deposit or any portion thereof is willful and not in good faith, the tenant may recover an amount equal to one month‘s periodic rent or two times the amount of the rental deposit, whichever is less, as liquidated damages.
Terms Used In Nebraska Statutes 76-1489
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Good faith: shall mean honesty in fact in the conduct of the transaction concerned. See Nebraska Statutes 76-1460
- 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. See Nebraska Statutes 76-1462
- Month: shall mean calendar month. See Nebraska Statutes 49-801
- Rent: shall mean a payment to be made to a landlord pursuant to a rental agreement. See Nebraska Statutes 76-1467
- 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. See Nebraska Statutes 76-1469
- Tenant: shall mean an owner of a mobile home who leases or rents space in a mobile home park, but shall not include a person who rents or leases a mobile home. See Nebraska Statutes 76-1471