Nebraska Revised Statutes

Neb. Rev. Stat. § 76-1408 (2026)

Exclusions from application of act

✓ current as of July 2026

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Unless created to avoid the application of the Uniform Residential Landlord and Tenant Act, the following arrangements are not governed by the act:

(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service.

(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest.

(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

(4) Transient occupancy in a hotel or motel.

(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.

(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

(7) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

(8) A lease of improved or unimproved residential land for a term of five years or more.

Notes of Decisions

Cited in 4 cases, 1993–2013 · leading case: Stuthman v. Stuthman, 515 N.W.2d 781 (Neb. 1994).

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Stuthman v. Stuthman, 515 N.W.2d 781 (Neb. 1994). · cites it 5× “In finding that the forcible entry and detainer statutes do not apply to farm leases, the Court of Appeals relied on § 76-1408 of URLTA. Section 76-1408 provides: “Unless created to avoid the application of sections 25-21,219 and 76-1401 to 76-1449, the following arrangements…”

United States v. Univ. of Nebraska at Kearney, 940 F. Supp. 2d 974 (D. Neb. 2013). · cites it 2× “See Neb.Rev.Stat. § 76-1408(1) (excluding residence at an institution if incidental to educational service).”

I.P. Homeowners, Inc. v. Morrow, 668 N.W.2d 515 (Neb. Ct. App. 2003). · cites it 2× “Neb. Rev. Stat. § 76-1408 (8) (Reissue 1996).”

Stuthman v. Stuthman, 507 N.W.2d 674 (Neb. Ct. App. 1993). “However, § 76-1408 of the act provides: “Unless created to avoid the application of sections 25-21,219 and 76-1401 to 76-1449 [Uniform Residential Landlord and Tenant Act], the following arrangements are not governed by sections 25-21,219 and 76-1401 to 76-1449 .”

— Neb. Rev. Stat. § 76-1408(1) — 1 case

United States v. Univ. of Nebraska at Kearney, 940 F. Supp. 2d 974 (D. Neb. 2013). “See Neb.Rev.Stat. § 76-1408(1) (excluding residence at an institution if incidental to educational service).”

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