Neb. Rev. Stat. § 76-1401 et seq. § 76-1408
Exclusions from application of act.
Operative Text
Unless created to avoid the application of the Uniform Residential Landlord and Tenant Act, the following arrangements are not governed by the act: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service. (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest. (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. (7) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. (8) A lease of improved or unimproved residential land for a term of five years or more.
Nebraska's Uniform Residential Landlord and Tenant Act, as outlined in Neb. Rev. Stat. § 76-1401 et seq. § 76-1408, does not apply to certain living arrangements. These include institutional residences tied to detention or care, occupancy by a buyer under a contract of sale, fraternal organization housing, hotel and motel stays, employee housing tied to job duties, condominium ownership, agricultural leases, and residential land leases of five years or more. The exclusions only hold when the arrangement is genuine and not structured specifically to sidestep the Act's protections.
Plain English — not legal advice.
Property owners and managers should review Neb. Rev. Stat. § 76-1401 et seq. § 76-1408 to determine whether a particular occupancy arrangement falls outside the scope of Nebraska's Uniform Residential Landlord and Tenant Act. Operators whose arrangements qualify under one of the listed exclusions—such as employee housing or long-term land leases—generally document the genuine nature of that arrangement, since the exclusion does not apply if the structure was created to avoid the Act. Compliant operators are mindful that the burden of demonstrating a legitimate exclusion rests on the character of the arrangement itself, not merely its label.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe their housing situation may be misclassified as an excluded arrangement under Neb. Rev. Stat. § 76-1401 et seq. § 76-1408 should be aware that the Act's protections cannot be stripped away simply by labeling an occupancy as, for example, employee housing or an agricultural lease. If an arrangement appears to have been structured primarily to avoid the Act's tenant protections, the exclusion may not apply, and the Act's rights and remedies could still be available. Tenants in these situations may consider consulting a tenant-rights organization or legal aid service to better understand whether their occupancy qualifies for the Act's coverage.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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