69-2312. Landlord retaining personal property; civil action authorized.

Any landlord who retains personal property in violation of the Disposition of Personal Property Landlord and Tenant Act shall be liable to the tenant in a civil action for:

(1) Actual damages not to exceed the value of the personal property if such property is not surrendered: (a) Within a reasonable time after the tenant requests surrender of the personal property; or (b) if the landlord has demanded payment of reasonable costs associated with removal and storage and the tenant has complied with the requirements of section 69-2311. Three days shall be presumed to be a reasonable time in the absence of evidence to the contrary; and

(2) Reasonable attorney's fees and costs.

Source:Laws 1991, LB 36, ยง 12.

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