Nebraska Statutes 76-1426. Failure to deliver possession
If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 76-1418, rent abates until possession is delivered and the tenant shall:
Terms Used In Nebraska Statutes 76-1426
- 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.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(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.