Neb. Rev. Stat. § 76-1401 et seq. § 76-1410
Terms, defined.
Operative Text
Subject to additional definitions contained in the Uniform Residential Landlord and Tenant Act and unless the context otherwise requires: (1) Act of domestic violence means abuse as defined in section 42-903 , sexual assault under sections 28-319 to 28-320.01 , domestic assault under section 28-323 , stalking under section 28-311.03 , labor or sex trafficking under section 28-831 , and knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult under section 28-386 . (2) Action includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are determined, including an action for possession. (3) Building and housing codes include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises, or dwelling unit. Minimum housing code shall be limited to those laws, resolutions, or ordinances or regulations, or portions thereof, dealing specifically with health and minimum standards of fitness for habitation. (4) Dwelling unit means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. (5) Good faith means honesty in fact in the conduct of the transaction concerned. (6) Household member means a child or adult, other than the perpetrator of an act of domestic violence, who resides with a tenant. (7) Landlord means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 76-1417 . (8) Organization includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, two or more persons having a joint or common interest, and any other legal or commercial entity. (9) Owner means one or more persons, jointly or severally, in whom is vested (a) all or part of the legal title to property, or (b) all or part of the beneficial ownership and a right to present use and enjoyment of the premises; and the term includes a mortgagee in possession. (10) Person includes an individual, limited liability company, or organization. (11) Qualified third party means an organization that (a) is a nonprofit organization organized under section 501(c)(3) of the Internal Revenue Code or a federally recognized Indian tribe whose governmental body is within the borders of Nebraska and (b) has an affiliation agreement with the Department of Health and Human Services to provide services to victims of domestic violence and sexual assault under the Protection from Domestic Abuse Act. (12) Premises means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant. (13) Rent means all payments to be made to the landlord under the rental agreement. (14) Rental agreement means all agreements, written or oral, between a landlord and tenant, and valid rules and regulations adopted under section 76-1422 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. (15) Roomer means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove, or sink. (16) Single-family residence means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit. (17) Tenant means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. (18) Writing or written, when used in reference to a notice or document to be provided by or to a landlord or tenant, includes a notice or document provided by electronic means in accordance with section 76-1413 . The appellant was not a tenant as defined by this section of the Uniform Residential Landlord and Tenant Act, because the lease agreement was between the management agent and the appellant's wife, but not the appellant himself, and no lease agreement existed between the management agent and the appellant; furthermore, the appellant was not otherwise listed as an occupant on the lease. Where a forcible entry and detainer action is not brought under the Uniform Residential Landlord and Tenant Act, the action is controlled by sections 25-21,219 to 25-21,235. Lund Co. v. Clark, 30 Neb. App. 351, 967 N.W.2d 759 (2021).
Neb. Rev. Stat. § 76-1410 establishes the foundational vocabulary used throughout Nebraska's Uniform Residential Landlord and Tenant Act. It defines key terms such as "landlord," "tenant," "dwelling unit," "premises," "rental agreement," and "rent," as well as specialized concepts like "act of domestic violence" and "qualified third party." These definitions shape how every other provision in the Act is interpreted and applied, and a Nebraska court has confirmed that whether a person qualifies as a "tenant" under this section can determine which legal procedures govern a dispute.
Plain English — not legal advice.
Property owners and managers operating under Nebraska's Uniform Residential Landlord and Tenant Act should be familiar with the definitions set out in § 76-1410, because those definitions determine the scope of their obligations throughout the Act. Notably, a manager who fails to make the disclosures required by § 76-1417 is treated as a "landlord" under this section, expanding the range of parties who bear landlord responsibilities. Compliant operators typically ensure that lease agreements clearly identify all occupants, since § 76-1410's definition of "tenant" — a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others — has been applied by Nebraska courts to determine who has standing in eviction proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Neb. Rev. Stat. § 76-1410, a person's status as a "tenant" depends on whether they hold rights under a rental agreement to occupy a dwelling unit to the exclusion of others; a Nebraska appellate court has held that someone not named in a lease and not listed as an occupant may not qualify. This distinction matters because the procedural protections of the Uniform Residential Landlord and Tenant Act apply only to those who meet the Act's definitions. Tenants who believe their status or rights under the Act are being disputed may find it helpful to review the definitions in § 76-1410 and consult a tenant-rights organization or legal aid provider familiar with Nebraska housing law.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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