Neb. Rev. Stat. § 76-1450 et seq. § 76-1477
Prohibited provisions in oral rental agreements.
Operative Text
(1) Unless otherwise agreed in writing between the landlord and tenant, an oral rental agreement may not provide that the tenant or landlord: (a) Agrees to waive or to forego rights or remedies under the Mobile Home Landlord and Tenant Act; (b) Agrees to pay the other party's attorney's fees; (c) Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the related costs; or (d) Agrees to a designated agent for the sale of the tenant's mobile home. (2) A provision prohibited by subsection (1) of this section included in a rental agreement shall be unenforceable. If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited, the other party may recover actual damages sustained, reasonable attorney's fees, and court costs.
Under Neb. Rev. Stat. § 76-1450 et seq. § 76-1477, oral rental agreements for mobile home lots cannot include terms that waive either party's rights under the Mobile Home Landlord and Tenant Act, require one party to pay the other's attorney's fees, limit or eliminate liability that would otherwise exist under law, or designate an agent for the sale of the tenant's mobile home — unless those terms are separately agreed to in writing. Any such provision slipped into an oral agreement is automatically unenforceable. If a party knowingly uses an agreement containing these prohibited terms, the other party may seek actual damages, reasonable attorney's fees, and court costs.
Plain English — not legal advice.
Operators of mobile home communities should review their oral rental practices against the standards set out in Neb. Rev. Stat. § 76-1450 et seq. § 76-1477 to ensure they are not attempting to impose terms — such as fee-shifting, liability waivers, or mobile-home sale agency designations — through spoken agreements rather than signed written documents. Compliant operators generally rely on written agreements for any terms that deviate from the Act's defaults, keeping oral arrangements limited to matters the statute permits. Knowingly using prohibited terms exposes a landlord to claims for actual damages, attorney's fees, and court costs brought by the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1450 et seq. § 76-1477 protects mobile home tenants by making certain oral agreement terms unenforceable, including any purported waiver of rights under the Mobile Home Landlord and Tenant Act, obligations to pay a landlord's attorney's fees, liability limitations, or agreements to use a designated agent to sell the tenant's home. If a landlord knowingly includes such prohibited provisions in a rental agreement, a tenant may have grounds to recover actual damages, reasonable attorney's fees, and court costs. Tenants who believe this provision has been violated may consider consulting a tenant-rights organization, contacting a local legal aid office, or raising the violation as a defense or claim in the appropriate Nebraska court.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.