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Chapter 76. Real
Property.
76-1416.
Security deposits; prepaid rent.
(1) A landlord may not demand or receive security, however denominated, in
an amount or value in excess of one month's periodic rent, except that a pet
deposit not in excess of one-fourth of one month's periodic rent may be
demanded or received when appropriate, but this subsection shall not be
applicable to housing agencies organized or existing under the Nebraska
Housing Agency Act. (2) Upon termination of the tenancy,
property or money held by the landlord as prepaid rent and security may be
applied to the payment of rent and the amount of damages which the landlord
has suffered by reason of the tenant's noncompliance with the rental
agreement or section 76-1421.
The balance, if any, and a written itemization shall be delivered or mailed
to the tenant within fourteen days after demand and designation of the
location where payment may be made or mailed. (3) If the landlord fails to
comply with subsection (2)
of this section, the tenant may recover the property and money due him or
her and reasonable attorney's fees. (4) This section does not preclude the
landlord or tenant
from recovering other damages to which he or she may be entitled under the
Uniform Residential Landlord and Tenant Act. (5) The holder of the
landlord's interest in the premises
at the time of the termination of the tenancy is bound by this section.
(b) Notify his successor in writing that he has returned
all such deposits or portions thereof to the tenant.
(Added to NRS by 1977, 1334 & 1985, 1413; A 1981,
1184; 1985, 1414)
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