This text of Nebraska § 76-1431.02 (Act of domestic violence; rental agreement; removal of perpetrator; exclusion from premises; procedure; effect; liability of landlord) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)When an act of domestic violence is perpetrated against a tenant or household member by another cotenant or occupant of the same dwelling unit, the tenant may have the perpetrator removed from the rental agreement and, if needed, excluded from the premises if the tenant or household member has:
(a)Obtained a protective order, restraining order, or other similar relief which applies to the perpetrator of the act of domestic violence; or
(b)Obtained certification confirming domestic violence as set forth in subdivision (5)(a)(iii) of section 76-1431 .
(2)To have the perpetrator removed from a rental agreement under this section, the tenant shall:
(a)Provide the landlord a copy of the documentation described in subsection (1) of this section; and
(b)Provide the landlord a written no
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(1) When an act of domestic violence is perpetrated against a tenant or household member by another cotenant or occupant of the same dwelling unit, the tenant may have the perpetrator removed from the rental agreement and, if needed, excluded from the premises if the tenant or household member has:
(a) Obtained a protective order, restraining order, or other similar relief which applies to the perpetrator of the act of domestic violence; or
(b) Obtained certification confirming domestic violence as set forth in subdivision (5)(a)(iii) of section 76-1431 .
(2) To have the perpetrator removed from a rental agreement under this section, the tenant shall:
(a) Provide the landlord a copy of the documentation described in subsection (1) of this section; and
(b) Provide the landlord a written notice containing:
(i) The full legal name of the cotenant or occupant who is the perpetrator of the act of domestic violence;
(ii) The date on which the tenant wishes the notice of termination to be served upon the perpetrator. Such date shall be at least five days after the date the tenant provides the documentation and written notice to the landlord and no more than thirty days after such date; and
(iii) The tenant's preferred method by which to receive future communications from the landlord.
(3) When a tenant has provided the landlord with documentation and written notice, as described in subsections (1) and (2) of this section, the landlord shall proceed under subsection (4) of section 76-1431 against only the cotenant or occupant who is the perpetrator of the act of domestic violence. The landlord shall serve the five-day notice provided for in subsection (4) of section 76-1431 on such perpetrator on the date provided by the requesting tenant under subdivision (2)(b)(ii) of this section.
(4)(a) If the perpetrator vacates the premises within the five-day notice period described in subsection (4) of section 76-1431 , the landlord shall:
(i) Install a new lock to the dwelling unit, pursuant to section 76-1431.04 ; and
(ii) Timely notify the requesting tenant by the method provided under subdivision (2)(b)(iii) of this section to inform the requesting tenant how the tenant can obtain access to the re-keyed unit.
(b) If the perpetrator fails to vacate the premises within the five-day notice period described in subsection (4) of section 76-1431 , the landlord shall:
(i) File suit for recovery of possession of the premises against the perpetrator only; and
(ii) Timely notify the requesting tenant by the method provided under subsection (2)(b)(iii) of this section to inform them of the hearing date set in the suit.
(c) If judgment is entered in favor of the landlord in a suit brought pursuant to subsection (4) of section 76-1431 , the landlord shall:
(i) Be entitled to recover court costs and reasonable attorney's fees from the perpetrator;
(ii) Install a new lock to the dwelling unit, pursuant to section 76-1431.04 ;
(iii) Timely notify the requesting tenant by the method provided under subdivision (2)(b)(iii) of this section to inform the requesting tenant of the reasonable method by which the tenant can obtain access to the re-keyed unit; and
(iv) Refuse to provide the perpetrator with access to the dwelling unit to reclaim property unless a law enforcement officer escorts the perpetrator into and out of the dwelling.
(5) If two individuals have requested each other to be removed from the rental agreement under this section and each provides qualifying documentation under subsection (1) of this section:
(a) The landlord is only required to proceed against an individual who is, by court order, specifically excluded from the dwelling unit; and
(b) If neither individual is specifically excluded from the dwelling unit by court order, the landlord is not required to proceed under this section.
(6) A landlord is not liable for any actions taken in good faith pursuant to this section.