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.
Notes of Decisions
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
· cites it 13× “Tenants "terminated their lease effective March 12, 2017, and demanded return of all prepaid rent and security after tendering five days' written notice under Neb. Rev. Stat. § 76-1426 (1) for [CHI's] failure to deliver possession of fit and habitable premises.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 13× “Tenants “terminated their lease effective March 12, 2017, and demanded return of all prepaid rent and security after tendering five days’ written notice under Neb. Rev. Stat. § 76-1426 (1) for [CHI’s] failure to deliver possession of fit and habitable premises.”
Tuyen Dinh v. Matthew Raines & Melissa Clayton, 544 P.3d 1156 (Alaska 2024).
“§ 76-1426 (providing that if 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” terminate the rental agreement upon notice or demand performance and recover…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 13× “Tenants “terminated their lease effective March 12, 2017, and demanded return of all prepaid rent and security after tendering five days’ written notice under Neb. Rev. Stat. § 76-1426 (1) for [CHI’s] failure to deliver possession of fit and habitable premises.”
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