Neb. Rev. Stat. § 76-1450 et seq. § 76-1499
Landlord; failure to deliver possession; remedies.
Operative Text
If a landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 76-1491 , rent shall abate until possession is delivered and the tenant may: (1) Upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all deposits; or (2) Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the mobile home space against the landlord and recover the damages sustained by the tenant. If the failure by the landlord to deliver possession of the mobile home space is willful, the tenant may recover reasonable attorney's fees and court costs. If the landlord delivers physical possession to the tenant but fails to comply with section 76-1492 at the time of delivery, rent shall not abate. The tenant may also proceed with the remedies provided in section 76-1498 .
Under Neb. Rev. Stat. § 76-1499, when a landlord fails to deliver physical possession of a mobile home space as required, rent stops accruing until possession is actually provided. The tenant may either cancel the rental agreement in writing and receive all deposits back, or insist on performance of the agreement and pursue a legal action for possession and damages. If the landlord's failure to deliver is willful, the tenant may also recover reasonable attorney's fees and court costs. When possession is delivered but the landlord fails to meet certain habitability or condition requirements at the time of delivery, rent does not abate, though the tenant retains access to other statutory remedies.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 76-1499, operators who fail to deliver physical possession of a mobile home space on the agreed date expose themselves to rent abatement, potential termination of the rental agreement, and liability for the tenant's damages. If a court finds the failure to deliver was willful, the landlord may also be responsible for the tenant's attorney's fees and court costs. Compliant operators generally ensure that possession is ready on the agreed date and that the space meets the conditions required by section 76-1492 at the time of delivery to avoid triggering these remedies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1499 provides tenants with meaningful options when a landlord does not deliver possession of a mobile home space as promised, including the right to terminate the rental agreement in writing and recover all deposits, or to demand performance and pursue a court action for possession and damages. If the landlord's failure was willful, tenants may also be entitled to recover reasonable attorney's fees and court costs. Tenants who receive possession but believe the space does not meet required conditions at delivery may explore the additional remedies referenced in section 76-1498, and consulting a tenant-rights organization can help clarify which options may be available.
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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