Neb. Rev. Stat. § 76-1450 et seq. § 76-1473
Unconscionability.
Operative Text
(1) If a court, as a matter of law, finds that a rental agreement or any provision of a rental agreement was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. (2) If a court, as a matter of law, finds that a settlement in which a party waives or agrees to forego a claim or right under the Mobile Home Landlord and Tenant Act or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result. (3) If unconscionability is put into issue by a party or by a court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
Under Neb. Rev. Stat. § 76-1450 et seq. § 76-1473, Nebraska courts have the authority to address rental agreements or settlements under the Mobile Home Landlord and Tenant Act that are found to be unconscionable at the time they were made. A court may refuse to enforce the entire agreement, strike only the offending provision while keeping the rest intact, or narrow the provision's application to prevent an unfair outcome. When unconscionability is raised by either party or by the court itself, both sides must be given a reasonable chance to present evidence about the context, purpose, and effect of the agreement or settlement.
Plain English — not legal advice.
Operators of mobile home parks subject to Neb. Rev. Stat. § 76-1450 et seq. § 76-1473 generally ensure that lease terms and any settlement agreements are fair, clearly written, and reflective of a genuine bargain rather than one-sided terms imposed on residents. Compliant operators avoid clauses that could be characterized as oppressive or that strip tenants of rights granted under the Mobile Home Landlord and Tenant Act. Because a court can sever or limit any provision found unconscionable, reviewing lease language for balance and transparency is a practice commonly associated with sound property management under this statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1450 et seq. § 76-1473 gives courts the power to refuse enforcement of, or modify, rental agreement terms or settlements that were unconscionable when made — which can be relevant if a tenant believes a lease clause or a signed settlement stripped away rights in an unfair way. If unconscionability is raised, tenants have the right to present evidence about the circumstances surrounding the agreement, including how it was negotiated and what effect it has had. Tenants who believe a provision or settlement may be unconscionable may consider consulting a tenant-rights organization or legal aid office familiar with Nebraska mobile home tenancy law to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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