Nebraska Statutes 76-1499. Landlord; failure to deliver possession; remedies
If a landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 76-1491, rent shall abate until possession is delivered and the tenant may:
Terms Used In Nebraska Statutes 76-1499
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- 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.
- 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
- 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. See Nebraska Statutes 76-1463
- 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. See Nebraska Statutes 76-1465
- Rent: shall mean a payment to be made to a landlord pursuant to a rental agreement. See Nebraska Statutes 76-1467
- 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. See Nebraska Statutes 76-1468
- 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
(1) Upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all deposits; or
(2) Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the mobile home space against the landlord and recover the damages sustained by the tenant. If the failure by the landlord to deliver possession of the mobile home space is willful, the tenant may recover reasonable attorney‘s fees and court costs.
If the landlord delivers physical possession to the tenant but fails to comply with section 76-1492 at the time of delivery, rent shall not abate. The tenant may also proceed with the remedies provided in section 76-1498.