(1) The landlord shall:
(a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety;
(b) Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition;
(c) Keep all common areas of the premises in a clean and safe condition;
(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him or her;
(e) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle; and
(f) Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
If there exists a minimum housing code applicable to the premises, the landlord's maximum duty under this section shall be determined by subdivision (1)(a) of this section. The obligations imposed by this section are not intended to change existing tort law in the state.
(2) The landlord and tenant of a single-family residence may agree that the tenant perform the landlord's duties specified in subdivisions (1)(e) and (1)(f) of this section and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is in writing, for good consideration, entered into in good faith and not for the purpose of evading the obligations of the landlord.
(3) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and
(b) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
(4) Notwithstanding any provision of the Uniform Residential Landlord and Tenant Act, a landlord may employ a tenant to perform the obligations of the landlord.
Notes of Decisions
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
· cites it 40× “While we agree with the district court that tenants failed to state a claim for breach of the duty to deliver possession under § 76-1418, we hold that tenants stated plausible claims for breaches of the duties to put and keep the rental premises fit and habitable under §…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 37× “§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
Tighe v. Cedar Lawn, Inc., 649 N.W.2d 520 (Neb. Ct. App. 2002).
· cites it 13× “They argue, however, that under URLTA, Neb. Rev. Stat. § 76-1419 (1) (Reissue 1996) creates a statutory duty which applies to Cedar Lawn as a matter of law even if such duty was not specifically pled.”
Danner v. Myott Park, Ltd., 306 N.W.2d 580 (Neb. 1981).
· cites it 2× “The apartment lease included the requirement in Neb. Rev. Stat. § 76-1419 (1) (c) (Reissue 1976) that the landlord keep all common areas of the premises in a clean, safe condition.”
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979).
“Codes § 42-420 (1978); Nebraska — Neb.Rev.Stat. §§ 76-1419, 76-1425 et seq.”
Merrill v. Jansma, 86 P.3d 270 (Wyo. 2004).
“” Neb. Rev.Stat. § 76-1419 (1974). The Nebraska Supreme Court has interpreted this provision to mean that the act does not change the common law, thus a landlord owes no duty to a tenant to repair leased premises absent a contractual provision to that effect or retention of…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 37× “§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
Grier v. Realty Works (D. Neb. 2023).
· cites it 6× “Plaintiff alleges Realty Works violated its statutory duty to maintain fit premises as set forth in Neb. Rev. Stat. § 76-1419 , which provides in relevant part: (1) The landlord shall: (a) Substantially comply, after written or actual notice, with the requirements of the…”
Bush v. Tony's Crew, Inc. (D. Neb. 2020).
· cites it 2× “Plaintiff claims that the moldy water was caused by his landlord’s failure to make repairs to his rental property in violation of Neb. Rev. Stat. § 76-1419 (Westlaw 2020) (landlord to maintain fit premises).”
— Neb. Rev. Stat. § 76-1419(1) — 1 case
Tighe v. Cedar Lawn, Inc., 649 N.W.2d 520 (Neb. Ct. App. 2002).
“They argue, however, that under URLTA, Neb. Rev. Stat. § 76-1419 (1) (Reissue 1996) creates a statutory duty which applies to Cedar Lawn as a matter of law even if such duty was not specifically pled.”
— Neb. Rev. Stat. § 76-1419(1)(a) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
“While we agree with the district court that tenants failed to state a claim for breach of the duty to deliver possession under § 76-1418, we hold that tenants stated plausible claims for breaches of the duties to put and keep the rental premises fit and habitable under §…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
— Neb. Rev. Stat. § 76-1419(1)(b) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
“While we agree with the district court that tenants failed to state a claim for breach of the duty to deliver possession under § 76-1418, we hold that tenants stated plausible claims for breaches of the duties to put and keep the rental premises fit and habitable under §…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
— Neb. Rev. Stat. § 76-1419(d) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
“While we agree with the district court that tenants failed to state a claim for breach of the duty to deliver possession under § 76-1418, we hold that tenants stated plausible claims for breaches of the duties to put and keep the rental premises fit and habitable under §…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“§ 76-1419 (Reissue 2018), a tenant can seek damages or injunctive relief under Neb.”
— Neb. Rev. Stat. § 76-1419(f) — 1 case
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
“While we agree with the district court that tenants failed to state a claim for breach of the duty to deliver possession under § 76-1418, we hold that tenants stated plausible claims for breaches of the duties to put and keep the rental premises fit and habitable under §…”
— Neb. Rev. Stat. § 76-1419(l)(f) — 1 case
Tighe v. Cedar Lawn, Inc., 649 N.W.2d 520 (Neb. Ct. App. 2002).
“They argue, however, that under URLTA, Neb. Rev. Stat. § 76-1419 (1) (Reissue 1996) creates a statutory duty which applies to Cedar Lawn as a matter of law even if such duty was not specifically pled.”
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