Nebraska Statutes 76-14,106. Retaliatory conduct prohibited; remedies; landlord action for possession; when
(1) Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, bringing or threatening to bring an action for possession, or failing to renew a rental agreement after any of the following:
Terms Used In Nebraska Statutes 76-14,106
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Good faith: shall mean honesty in fact in the conduct of the transaction concerned. See Nebraska Statutes 76-1460
- 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. See Nebraska Statutes 76-1461
- 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
- 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
- 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
(a) A tenant has complained in good faith to a government agency charged with responsibility for enforcement of any code of a violation applicable to the mobile home park materially affecting health and safety;
(b) A tenant has complained to the landlord of a violation of section 76-1492 ;
(c) A tenant has organized or become a member of a tenants’ union or similar organization; or
(d) A tenant has exercised any of the rights or remedies provided by the Mobile Home Landlord and Tenant Act or otherwise available at law.
(2) If a landlord acts in violation of subsection (1) of this section, the tenant shall be entitled to the remedies provided in section 76-1498 and shall have a defense in an action for possession.
(3) Notwithstanding subsections (1) and (2) of this section, a landlord may bring an action for possession if:
(a) The violation of any applicable housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant’s household or upon the premises with the tenant’s consent; or
(b) The tenant is in default in rent five days after rent is due unless otherwise agreed to by the landlord and tenant.
The maintenance of the action shall not release the landlord from liability under subsection (2) of section 76-1498.