§ 25-21,277.Diversion of utility services; rebuttable presumption; when.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section creates rebuttable presumptions that a tenant, occupant, or customer caused or knew about bypassing, tampering, or unauthorized metering found on premises they had access to and were responsible, at least in part, for paying utility charges on.
Full Text of § 25-21,277
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(1) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant (a) had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and (b) was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
(2) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
Proving exactly who tampered with a meter can be difficult, especially in a rental property with multiple occupants over time. Section 25-21,277 eases that burden with two presumptions a utility can use once it has proven the bypassing, tampering, or unauthorized metering itself exists on a premises.
The first presumption reaches a tenant or occupant: if that person had access to the part of the utility supply system where the violation occurred, and was responsible, even partially, for paying for utility service to the premises, the law presumes the tenant or occupant caused or knew about the violation. The second presumption reaches a customer, the person responsible for the account, if that customer controlled access to the affected part of the system. Both presumptions are rebuttable, meaning the tenant, occupant, or customer can offer evidence to show they neither caused nor knew about the diversion, but until they do, the presumption stands.
Frequently Asked Questions
If I am a tenant and my landlord’s building had a tampered meter, am I automatically responsible?
You are presumed responsible only if you had access to the part of the system involved and were at least partially responsible for paying the utility bill. Even then, the presumption can be rebutted with evidence.
What is a “rebuttable presumption” under this section?
It is a legal assumption a court makes unless the person it applies to offers evidence disproving it, shifting the practical burden to that person to show they did not cause or know about the violation.
Does this section apply to the customer of record even if a tenant caused the problem?
Yes, separately. A customer who controlled access to the affected part of the utility supply system faces a separate presumption, independent of any presumption against a tenant or occupant.
What has the utility already had to prove before either presumption applies?
The utility must first prove that bypassing, tampering, or unauthorized metering exists at the premises; the presumptions then help establish who caused or knew about it.
Can more than one person be presumed responsible for the same violation?
Yes. A tenant or occupant and a customer can each face a separate presumption if each meets the access and payment-responsibility conditions the section describes.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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