76-1474.

Notice; give; receive; notice or document; means of delivery.

(1) A person shall be deemed to have notice of a fact if the person:

(a) Has actual knowledge of it;

(b) Has received a notice or notification of it; or

(c) From all facts and circumstances known to him or her at the time in question has reason to know that it exists.

(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other whether or not the other actually comes to know of it. A person receives a notice or notification when:

(a) It comes to the person's attention;

(b) In the case of the landlord, it is:

(i) Delivered in hand or mailed by United States mail to the landlord's place of business at which the rental agreement was made or at any place held out by the landlord as the place for receipt of a communication or delivered to any individual who is deemed to be an agent pursuant to section 76-1480; or

(ii) Delivered by electronic means; or

(c) In the case of the tenant, it is:

(i) Delivered in hand to the tenant;

(ii) Mailed by United States mail to the tenant at the place held out by the tenant as the place for receipt of a communication or, in the absence of such designation, to the tenant's last-known place of residence; or

(iii) Delivered by electronic means.

(3) Notice, knowledge, or a notice or notification received by an organization shall be effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to the person's attention if the organization had exercised reasonable diligence.

(4) For purposes of this section, delivered by electronic means includes:

(a) Delivery to an electronic mail address at which a tenant or landlord has consented to receive notices or documents; and

(b) Posting on an electronic network or site accessible via the Internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice of the posting, which shall be provided by electronic mail to the address at which the tenant or landlord has consented to receive notices or documents or by any other delivery method that has been consented to by the tenant or landlord.

(5) Subject to the requirements of this section, any notice to a tenant or landlord or any other document required under applicable law regarding a rental agreement or that is to serve as evidence of action regarding a rental agreement may be delivered, stored, and presented by electronic means so long as it meets the requirements of the Uniform Electronic Transactions Act.

(6) Delivery of a notice or document by electronic means in accordance with this section shall be considered equivalent to any delivery method required under applicable law, including delivery by first-class mail, registered mail, certified mail, certificate of mailing, or a commercial mail delivery service. In any instance in which proof of receipt is required for a mailing, the electronic delivery method used shall provide for verification or acknowledgment of receipt.

(7) A notice or document may be delivered by electronic means by a landlord to a tenant under this section if:

(a) The tenant has affirmatively consented to such method of delivery and has not withdrawn the consent;

(b) The tenant, before giving consent, is provided with a clear and conspicuous statement informing the tenant of:

(i) The right of the tenant to withdraw consent to have a notice or document delivered by electronic means at any time without the imposition of any conditions or consequences;

(ii) The transactions and types of notices and documents to which the tenant's consent would apply;

(iii) The right of a tenant to have a notice or document delivered in paper form by mail and the means, after consent is given, by which a tenant may obtain a paper copy of a notice or document delivered by electronic means; and

(iv) The procedure a tenant shall follow to withdraw consent to have a notice or document delivered by electronic means or to update the tenant's electronic mail address;

(c) The tenant:

(i) Before giving consent, is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(ii) Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates that the tenant can access information in the electronic form that will be used for notices or documents delivered by electronic means as to which the tenant has given consent; and

(d) After the tenant consents, if there is a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means and such change creates a material risk that the tenant will not be able to access or retain a subsequent notice or document to which the consent applies, the landlord:

(i) Provides the tenant with a statement that describes:

(A) The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(B) The right of the tenant to withdraw consent without the imposition of any condition or consequence; and

(ii) Complies with subdivision (7)(b) of this section.

(8) A notice or document may be delivered by electronic means by a tenant to a landlord under this section if the landlord has consented to delivery by electronic means with respect to such tenant.

(9) A landlord shall not, as part of a rental agreement or as a condition of entering into or renewing a rental agreement, require a tenant to accept delivery by electronic means.

(10) This section does not affect any requirement related to the content or timing of any notice or document required under applicable law.

(11)(a) If any provision of the Mobile Home Landlord and Tenant Act or any other applicable law requiring a notice or document to be provided to a tenant or landlord expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt.

(b)(i) For a notice or document sent by a landlord to a tenant, if verification or acknowledgment of receipt is not obtained, the notice or document shall be sent to the tenant by mail as prescribed by the Mobile Home Landlord and Tenant Act. If two or more electronic communications to the tenant are returned as undeliverable during a thirty-day period, all future communications shall be sent to the tenant by first-class or other mail as prescribed by law unless and until the tenant consents electronically, or confirms electronically, in a manner that reasonably demonstrates that the tenant can access information in the electronic form that will be used for notices or documents delivered by electronic means as to which the tenant has given consent.

(ii) For a notice or document sent by a tenant to a landlord, if verification or acknowledgment of receipt is not obtained, the tenant shall send the notice or document by any other means prescribed by law.

(12) A withdrawal of consent by a tenant or landlord does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the tenant or landlord before the withdrawal of consent is effective. A withdrawal of consent by a tenant or landlord is effective within a reasonable period of time after receipt of the withdrawal by the other party. Failure by a landlord to comply with subdivision (7)(d) of this section may be treated, at the election of the tenant, as a withdrawal of consent for purposes of this section.

(13) The changes made to this section by Laws 2025, LB185, do not apply to a notice or document delivered by electronic means before September 3, 2025, to a tenant or landlord who, before such date, consented to receive notices or documents by electronic means.

(14) If the consent of a tenant to receive certain notices or documents by delivery by electronic means is on file with a landlord before September 3, 2025, and pursuant to this section a landlord intends to deliver by electronic means additional notices or documents to such tenant, then prior to delivering such additional notices or documents by electronic means, the landlord shall provide the tenant with a statement that describes:

(a) The notices or documents that will be delivered by electronic means that were not previously delivered electronically; and

(b) The tenant's right to withdraw consent to have notices or documents delivered by electronic means without the imposition of any condition or consequence.

(15) A landlord or tenant shall deliver a notice or document by any other delivery method permitted by law other than electronic means if:

(a) The landlord or tenant attempts to deliver the notice or document by electronic means and has a reasonable basis for believing that the notice or document has not been received by the other party; or

(b) The landlord or tenant becomes aware that the electronic mail address provided by the other party is no longer valid.

(16) This section shall not be construed to modify, limit, or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., as such act existed on January 1, 2025.