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Bill

LB 185

Provide for electronic delivery of notices and documents under the Uniform Residential Landlord and Tenant Act and the Mobile Home Landlord and Tenant Act

109th Legislature (2025-2026) Introduced by Robert Dover

The bill lets landlords send required notices and documents electronically with tenant consent, updating delivery, storage, and posting rules under the landlord-tenant statutes.

Approved by Governor on April 7, 2025
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Bill Summary · LB 185

Summary — LB 185 (Approved April 7, 2025)

Provide for electronic delivery of notices and documents under the Uniform Residential Landlord and Tenant Act and the Mobile Home Landlord and Tenant Act

Purpose / intent

LB 185 modernizes landlord–tenant communication in Nebraska by permitting certain statutorily required notices and documents to be delivered electronically (e.g., by email or online posting) when statutory conditions are met. The bill aligns landlord–tenant law with the Uniform Electronic Transactions Act and preserves applicability of the federal E‑SIGN Act.

Key provisions

  • Amends definitions and notice rules in the Uniform Residential Landlord and Tenant Act:
    • Section 76‑1410: Adds a definition that “writing or written,” when referring to notices/documents between landlords and tenants, includes documents provided by electronic means per § 76‑1413.
    • Section 76‑1413: Expands how a person “receives” notice to include delivery by electronic means and defines “delivered by electronic means” to include:
    • Delivery to an electronic mail address at which the recipient has consented to receive notices/documents; and
    • Posting on an electronic network/site accessible via internet or device, provided a separate notice of the posting is sent (e.g., by email) to the consented address or another consented delivery method.
    • Allows notices/documents required under law regarding rental agreements to be delivered, stored and presented electronically if they meet the Uniform Electronic Transactions Act requirements.
    • Clarifies this does not supersede the federal Electronic Signatures in Global and National Commerce Act.
  • Extends parallel changes to the Mobile Home Landlord and Tenant Act by amending sections 76‑1450, 76‑1457, and 76‑1474 and adding a corresponding definition section.
  • Tenant consent and withdrawal:
    • Landlords must inform tenants of any conditions or consequences tied to withdrawing consent before obtaining consent to electronic delivery.
    • Committee amendment (AM75) provides that a tenant may withdraw consent at any time without the imposition of any conditions or consequences.

Who is affected

  • Landlords, property managers, and owners (including mobile home park owners)
  • Tenants and mobile home residents (who must consent to electronic delivery)
  • Real estate and property management organizations (supporters included trade groups)
  • Service providers relying on mailed/hand‑delivered notices will have the option to move to electronic systems, subject to consent and UETA compliance

Procedural / timeline notes

  • Introduced: January 13, 2025 (Sen. Dover)
  • Judiciary Committee hearing: Jan 30, 2025; AM75 adopted in committee
  • Advanced through General/Select File with Enrollment & Review (ER23) amendments
  • Final Reading passed 47‑0‑2 (March/April 2025)
  • Presented to Governor April 3, 2025; Approved by Governor April 7, 2025
  • Original statutory sections were repealed and replaced as part of enactment

Practical considerations

  • Electronic delivery is optional and requires tenant consent; tenants retain the right to revert to non‑electronic communication without penalty.
  • Landlords must ensure electronic notices comply with UETA and take steps to document consent and delivery (e.g., sent to a consented email address or documented posting plus notice).
  • Access issues (digital access, language, safety concerns) were raised in committee testimony; landlords should consider accommodations and best practices to ensure effective and equitable notice.

Compiled from official sources — confirm details with the bill’s official record.

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