76-14,106. Retaliatory conduct prohibited; remedies; landlord action for possession; when.
(1) Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, bringing or threatening to bring an action for possession, or failing to renew a rental agreement after any of the following:
(a) A tenant has complained in good faith to a government agency charged with responsibility for enforcement of any code of a violation applicable to the mobile home park materially affecting health and safety;
(b) A tenant has complained to the landlord of a violation of section 76-1492;
(c) A tenant has organized or become a member of a tenants' union or similar organization; or
(d) A tenant has exercised any of the rights or remedies provided by the Mobile Home Landlord and Tenant Act or otherwise available at law.
(2) If a landlord acts in violation of subsection (1) of this section, the tenant shall be entitled to the remedies provided in section 76-1498 and shall have a defense in an action for possession.
(3) Notwithstanding subsections (1) and (2) of this section, a landlord may bring an action for possession if:
(a) The violation of any applicable housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant's household or upon the premises with the tenant's consent; or
(b) The tenant is in default in rent five days after rent is due unless otherwise agreed to by the landlord and tenant.
The maintenance of the action shall not release the landlord from liability under subsection (2) of section 76-1498.
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