Prohibited provisions in oral rental agreements.

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76-1477. Prohibited provisions in oral rental agreements.

(1) Unless otherwise agreed in writing between the landlord and tenant, an oral rental agreement may not provide that the tenant or landlord:

(a) Agrees to waive or to forego rights or remedies under the Mobile Home Landlord and Tenant Act;

(b) Agrees to pay the other party's attorney's fees;

(c) Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the related costs; or

(d) Agrees to a designated agent for the sale of the tenant's mobile home.

(2) A provision prohibited by subsection (1) of this section included in a rental agreement shall be unenforceable. If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited, the other party may recover actual damages sustained, reasonable attorney's fees, and court costs.

Source

  • Laws 1984, LB 916, § 28.


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