Nebraska Rental Laws

Written on September 5, 2014 by , updated on January 29, 2018

flag-of-nebraskaThis article summarizes some key Nebraska landlord-tenant laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county.  You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the state bar association. This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: One month’s rent, plus a pet deposit of no more than one quarter of one month’s rent if pets are allowed and the tenant has a pet. (§§ 76-1416(1))
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: Limited to no more than one quarter of one month’s rent. (§§ 76-1416(1))
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 14 days after demand and designation of the location where payment may be made or mailed. (§§ 76-1416(2))
  • Permitted Uses of the Deposit:
    • Payment of rent owed;
    • Damages which the landlord has suffered due to the tenant’s noncompliance with the rental agreement or statutory Tenant Duties. (§§ 76-1416)
  • Require Written Description/Itemized List of Damages and Charges: Yes (§§ 76-1416(2))
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: No statute

Lease, Rent & Fees:

  • Rent Is Due:  Unless otherwise agreed, rent is due at the beginning of each month, or at the beginning of any periodic term of one month or less. (§§ 76-1414(3))
  • Rent Increase Notice: As agreed to in the lease (§§ 76-1414(1))
  • Rent Grace Period: No, rent is due without demand or notice as agreed to in the lease. (§§ 76-1414(3))
  • Late Fees: As agreed to in the lease (§§ 76-1414(1))
  • Prepaid Rent: Prepaid rent held by the landlord may be applied to the payment of rent owed at the time the tenancy is terminated. (§§ 76-1416(2))
  • Returned Check Fees: $10, plus any reasonable handling fee imposed on the landlord by a financial institution. (§§ 28-611(5))
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, tenant must give landlord written notice specifying the violation and may then procure reasonable amounts of the essential service and deduct their actual and reasonable cost from the rent. See statute for other options available to tenant. (§§ 76-1427)
  • Tenant Allowed to Repair and Deduct Rent: No. Tenant remedies for landlord’s failure to make repairs in violation of statutory Landlord Duties include:
    • giving written notice to landlord that tenant will terminate the lease 30 days from the date of the notice if landlord does not fix the problem within 14 days;
    • contacting a local housing code enforcement agency (if any);
    • notifying landlord in writing that landlord needs to fix the problem within 14 days or tenant will pursue other legal remedies. See Legal Aid of Nebraska’s Landlord and Tenant Handbook for more details.
  • Landlord Allowed to Recover Court and Attorney Fees: No lease may include a provision for the tenant to agree to pay the landlord’s attorney fees, but parties may recover reasonable attorney fees in some circumstances. (§§ 76-1415(1)(c))
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes. If the tenant abandons the unit by being totally absent from the premises without notice to landlord for one full rental period or 30 days, whichever is less, landlord may take immediate possession and shall make reasonable efforts to rent it. If landlord rents the unit for a term beginning prior to the expiration of the abandoning tenant’s rental agreement, the prior agreement is terminated as of the date the new tenancy begins. (§§ 76-1405 and §§ 76-1432(3))
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days prior to the periodic rental date specified in the notice. (§§ 76-1437(2))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven days prior to the termination date specified in the notice. (§§ 76-1437(1))
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination for Nonpayment: Three-day written notice. (§§ 76-1431(2))
  • Termination for Lease Violation: For tenant violations of the rental agreement or statutory Tenant Duties, landlord may give written notice describing the violation and stating that the agreement will terminate in 30 days if the violation is not remedied within 14 days. For a second such violation within six months of the first, landlord may terminate the agreement with a 14-day written notice specifying the breach and the date the agreement shall terminate. (§§ 76-1431(1))
  • Required Notice before Entry: One-day notice required and landlord may enter only at reasonable times. (§§ 76-1423(1))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (§§ 76-1423(1))
  • Entry Allowed with Notice for Showings: Yes (§§ 76-1423(1))
  • Emergency Entry Allowed without Notice: Yes (§§ 76-1423(2))
  • Entry Allowed During Tenant’s Extended Absence: Yes, during any absence of the tenant longer than seven days. (§§ 76-1432(2))
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (§§ 76-1436)
  • Utility Shut-offs Allowed: No (§§ 76-1436)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Prior to the beginning of a tenancy, landlord must provide in writing the name and address of the property manager as well as the name and address of the landlord or person authorized to act on behalf of the landlord for the purpose of service of process and for the receipt of notices and demands. (§§ 76-1417)
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute. The Nebraska Domestic Violence Sexual Assault Coalition provides references to support organizations by county. The Nebraska Judicial Branch provides information about domestic violence and harassment protective orders.
  • Landlord’s Duties: (§§ 76-1419)
    • Compliance: Comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition;
    • Common Areas: Keep all common areas in a clean and safe condition;
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied;
    • Trash: Provide and maintain appropriate receptacles and conveniences for the removal of trash and other waste incidental occupancy and arrange for their removal;
    • Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
  • Tenant’s Duties: (§§ 76-1421)
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety;
    • Cleanliness: Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances:  Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Damages: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
    • Quiet Enjoyment:  Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
    • House Rules: Abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with landlord’s rights or duties.
  • Retaliation: Landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening eviction of a tenant who has filed an official complaint to a government agency or has been involved in a tenants’ organization. See statute for additional provisions. (§§ 76-1439)
  • Lead Disclosure:  Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
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111 CommentsLeave a Comment

  • Kathy

    Question. After a family member moved out of an apartment in April, the landlord or manager called them and said no deposit will be sent back because some stuff needs updated or replaced. So to come and find out they want to charge this person more than the security deposit. Ok today talked with the management and they said the place needs painted and the carpet needs cleaned. We asked for an itemized bill, management said if i send a bill you will pay the whole bill. The amount to paint and shampoo the carpets is 1000. Management said if i don’t send you a bill we call it even. To me the place always needed painted and I heard they want to put down hardwoods in all the apartments. Should I fight this?

  • Dawne Sobocinski

    Can I please let someone know that the property owner of 19464 Gail Street is charging too much for a pet deposit the rent is 1625 and she is charging 750 per pet non-refundable pet deposit someone needs to address this and fine her

  • jeanette

    i’m curious, can a landlord raise your rent at least 2x within a 6 month period? my lease will expire sept 1 2018, and i usually renew 1 yr, but lately only have been renewing anywhere from 2-6 months at a time. i recently complained AGAIN about the bad smoke smell in hallway, they have been also doing roof replacements, and so again my rent will be raised, i have been looking for a smoke free place. the last time they only raised it $10, which was back in april, but now again raising it another $15. is this legal?? please respond asap
    thank you ahead of time


    I have a lease until August first of 2019 my question is can the management change this ? My current amount is 1,100.00 which includes garage space, trash, storage space and utilities except electric which we are billed directly by OPPD, now the company says we need to pay 40.40 extra for utilities and trash as of 1/9/2018. My question then is this legal they did not notify us of this change.

  • Bennie Oliver

    Is it legal for a landlord after evicting a tenant to charge evicted tenant 6 months additional rent and late fees?

  • Clemente sanchez

    Can a landlord charge me a year after I moved out for damages? During that year there were tenants living there.

  • Gary Benne

    I recently signed another 1-year lease in the apt complex I was living in. The complex traded hands at the same time. The new owners are horrible at maintenance, it took 7 weeks to get a new garbage disposal My garage was broken into over a month ago and the electric lock was destroyed and it’s still not replaced. Today I had to go in and say this is getting old.
    I want to move out and break my lease.. When the new owners took over they put ballastors in the sliding glass doors of the apartments that had decks so we could not open the doors, they said the decks were unsafe but have not fixed a deck yet, been 2 months. I called Fire Marshall but they still have them blocked, what happens in a fire?

  • Jojo

    Can a landlord refuse to allow to have visotors or family stay with you for less than 2 weeks?

  • Seriously Confused

    My son and his fiancé moved into my basement. They won’t sign a lease. They’ve been here 63 days. Do I have to go through a formal eviction process if they did not sign the lease

  • Chaundra Miller

    I moved into an apartment that said they had controlled-access. love living here moved into a smaller apartment couple years later in the same complex. Thee front entry locks aren’t working. Asked management about repairing them and they said they would not, that it would cost to much money. Now a vagrant is living in the entry way urinating, drinking and smoking. He us use this area as a toilet and putting out cigarettes on carpet. On apartment website it states controlled entry. Every other building has key and call box but not mine. My question is, does the apartment have to repair doors to thos building and provide keys?

  • Scott

    My lease is up in February and my roommate who is also on the lease wants to move out and go back to living with his parents. If he moves out am I required to move out as well? My landlord says that we both have to be out by Dec. 1st want to know if that’s true we have no infractions against us and everything’s been paid on time. Is this something I can fight?

  • Valerie

    By what percentage is a landlord legally allowed to raise rent. We got neither a 30 day notice and he raised it from$650.00 to $900.00 freaking dollars a month. We have always been model renters in all aspects. I suppose he did because he can. Or can he?

  • Shelley

    I am being charged $40 every month for my pet. Is this legal? My rent each month is $1000 ($1040 total)

  • Eric

    I have a hair station I rent, and the landlord on Saturday told me to take my equipment because she does not want me there anymore. She gave me 10 minutes noticed and locked me out of my business. She also did not allow me to take my client files that has name , addresses, phone numbers and emails of my clients. Is this legal? I thought that 30 days minimum needed to be provided. And she even took out the rest of next weeks rent and only returned my sales after that without my permission. Can I press criminal charges or sue?

  • Fallon Daugherty

    My landlord left me a fridge from 2001. It drips water into the fridge (on our groceries), the shelves and drawers are either broken or falling apart. Doesn’t keep our food cold enough. We called Landlord and a repair guy came after a month or 2 and said it would be cheaper for landlord to buy new fridge verses buying new parts to repair it… a month later he came again with new parts to repair it and all he did was put a lining in the door. What do I do???

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