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NE LB101

NE LB101
Provide a right to trial by jury under the Uniform Residential Landlord and Tenant Act


summary

Introduced
01/10/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

109th Legislature

Bill Summary

A BILL FOR AN ACT relating to the Uniform Residential Landlord and Tenant Act; to amend sections 76-1415, 76-1442, 76-1445, and 76-1446, Reissue Revised Statutes of Nebraska, and section 76-1441, Revised Statutes Cumulative Supplement, 2024; to provide for a right to a jury trial under the act; to prohibit waivers of rights under state and federal law; to change provisions relating to summonses; to provide duties for courts; to harmonize provisions; and to repeal the original sections.

AI Summary

This bill modifies the Uniform Residential Landlord and Tenant Act to provide tenants with the right to a jury trial in eviction proceedings, which was previously not an option. The bill prohibits rental agreements from including provisions that would require tenants to waive their rights under state or federal law, prevent them from seeking attorney's fees, or limit a landlord's liability for negligence. When filing an eviction complaint, landlords must now allow tenants to choose a jury trial, and the summons must explicitly inform tenants of this right. For county court actions, the court must actively inquire whether the tenant wants a jury trial or prefers a bench trial. The bill also allows for more flexible trial scheduling for jury trials, with the court having discretion to set trial dates that balance the need for timely resolution with the proper administration of justice. If a tenant requests a jury trial that extends beyond the initial trial date, the court may require the tenant to continue depositing rental payments during the legal proceedings. These changes aim to provide tenants with more procedural protections and transparency in eviction cases by ensuring they are fully informed of their legal rights and have the option of a trial by jury.

Committee Categories

Justice

Sponsors (1)

Last Action

Title printed. Carryover bill (on 01/07/2026)

bill text


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