If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 76-1418 , rent abates until possession is delivered and the tenant shall: (1) Upon at least five days' written notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or (2) Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against any person wrongfully in possession or wrongfully withholding possession and recover the damages sustained by him. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or threefold the actual damages sustained by him, whichever is greater, and reasonable attorney's fees.
Neb. Rev. Stat. § 76-1426
Failure to deliver possession
Applied in 3 court decisions — leading case Vasquez v. CHI Properties (2019)
Most recently applied in Tuyen Dinh v. Matthew Raines and Melissa Clayton (February 2024)
Laws 1974, LB 293, § 26.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.