If enacted, LB 1007 would require landlords to return certain early payments and bar rental-agreement terms that forbid tenants from sharing the agreement.
Rental agreements could not stop tenants from sharing their contents. Prohibited terms would not be enforceable, and deliberate use could lead to damages and attorney's fees.
When a tenant pays rent or security before signing and later declines the rental agreement, the landlord would have to return that payment. Extra recovery may apply if the landlord refuses.
A landlord would be barred from including a term that requires a tenant not to disclose the rental agreement. This applies to rental agreements covered by Nebraska's Uniform Residential Landlord and Tenant Act. A prohibited term would not be enforceable. If a landlord knowingly and deliberately uses a rental agreement with a prohibited term, the tenant could recover actual damages and reasonable attorney's fees.
A landlord would have to return prepaid rent or security received before the parties enter a rental agreement if the tenant later declines to enter it. This covers payments received before entering a rental agreement when the tenant later decides not to enter that agreement. The payment must be prepaid rent or security received before the rental agreement is entered. The introduced text also provides that a tenant may recover money due, court costs, and reasonable attorney's fees if the landlord fails to comply. For a willful failure that is not in good faith, the tenant could also recover liquidated damages, limited to one month's rent or twice the security deposit, whichever is less. The return requirement applies after the landlord receives the payment and the tenant later declines to enter the rental agreement.
No hearings or votes scheduled.