Nebraska Rental Laws

Written on September 5, 2014 by , updated on May 30, 2017

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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86 CommentsLeave a Comment

  • candace

    I need to know if a landlord is responsible for taking care of a mouse problem. There are so many places they could get in and we are clean living people.

  • Heather Heald

    I’ve been renting a Duplex for 13 years. I’ve always been allowed to have dogs. Have always had two dogs. Recently wanted to adopt a dog because he provided emotional support for both myself and my other dog. That makes two dogs. Landlord said no due to his size. In my original lease there is nothing stating weight or breed specific. I have two notes from my medical doctor and PhD therapist stating that my dogs should be considered as emotional support dogs. I received a letter of termination of lease today. Can my landlord do this?

  • Danni

    Is a Landlord responsible for providing smoke detectors in apartments??

  • Mustafa

    Hi I am dealing with a very shady sketchy landlord property management company and we are moving out and are trying to ensure we do everything we can do get our deposit back. We asked them if we can join them and do the walk through together and they said no. They will not allow us to do the walk through with them. They want to do it alone. Is that legal not to allow us join them??

  • George

    I have a cabin on the Elkhorn River that I and many others lease the land in this private park. The recent wind storm has placed a tree leaning over the roof. I notified my landlord and she says that the tree poses little threat. If the tree ends up falling, is my landlord liable/negligent since I’ve notified her? Lease agreement states that the landlord is not responsible for loss and/or property damage. Can a lease admonish someone of negligence?

  • Marty Pike

    We are renting a house in LaVista Ne for 1600 a month. Our AC went out (and it’s July!) They are telling me 10 to 12 days to fix and it’s going on 16 days now.

    My question is…do I need to pay my full rent or can I withhold some for the extra expenses I’ve incurred ie electric bill doubled, bought 5 fans and a window AC unit, not to mention suffering in 97 degree heat! My wife and I work from home and it’s miserable!!

    Just wondering if legally I have a leg to stand on?

    Thanks

  • Tracy Baldino

    My dad have a 30 day notice to move. The landlord says he had to replace stove,dishwasher, and bathroom door. He has replaced the stove and dishwasher for $490.00 and they want $500.00 To replace the bathroom door. Is he responsible to do this? He is disabled and dented the appliances with his wheelchair. Now that is ready to move 7/19/2017 they say they can’t except his 30 day notice.
    Please help let me know his rights. Pleas contact as soon as possible, Thank you

  • Shelley

    My daughter signed a year lease in her college town.a few weeks later I (her mom) loaded up a trailer to move her stuff in. Upon arrival I found the room she rented was unsafe. An unfinished basement. No compliant egress window. Worms under the carpet. I told her she wasn’t living there and informed the landlord it was unsafe. He’s still trying to charge her rent for the past few months. Do we have a leg to stand on?

  • Lyn

    Do I have the right to Sue my land lord for rent ing me this place that has no permanent heat fixture of any kind. I use space heaters and my bills are outrageous in the winter! This house is considered a shanty.

  • Shane B Reilly

    The apartment we rent has an issue with pest control what responsibility of the landlord is this issue…we pay 775 an month and roaches are not acceptable. What can I do?

  • Jessica Johnson

    My husband, 9 year old daughter and I have been living in our apartment for about 5. It’s been ok we’ve had normal issues that were taken care of up until we got a new landlord/owner. Since the new owner things have changed dramatically. We have had water damage from the upstairs neighbor and were told things would be fixed it has not now there is mold and that’s just one thing. I’m tired of reporting to the realty company we have to go through and than nothing happens. What can I do?

  • Melissa

    We have an issue with bats and want to make sure we handle it properly. We have notified landlord of this previously with no real solution. Another one got into our house 2 days ago and I let him know we would be looking for a different place. Am I allowed to break our lease for this reason?

  • Takema Pence

    Is a landlord owning a four plex allowed to charge different rent amounts to each unit that are identically the same?

  • Rhonda Hall

    I have lived in a duplex for about 20 years 15 current landlord . He is very undependable about repairs and requests. He has gotten very angry with me in the past when I have asked for repairs and yells if I call about the furnace going out on the weekend in freezing weather because I didn’t call 8 – 5 Mon thru Fri. He sold the property and has given me 53 days to move. He raised the rent for September & I still have to pay the increase & move 30th. I am 65 years old, on a limited income, work temporary jobs when I can get them & with a bad back. I am over whelmed. I also got my car totaled in the summer hail storm because he was fixing the garage & blocked me from the garage. He refused to replace items ruined in the fire.

  • Andre

    My apartment Landlords do not accept any holidays as a holiday and count as business day. So my rent is due on the 4th when it’s Labor Day and the same was on July 4th. Now mind that every other place from banks to government recognize this day as not a business day. So all other places if your rent s due on the 4th now it’s due on the 5th. Not the crappy place of Springhill Apartments in Omaha, NE. Blue Roan is a good awful company and Apartment owners.

  • Barbara Dempsey

    Milk was spilled inside the glass on my oven door. I asked management for instructions on how to get in there and clean it and was told it was not something I could do myself and that someone would be sent to take care of it. They called the Maytag repairman who loosened a couple of screws on the oven door and cleaned the inside glass. Management subsequently sent me the bill for $98. I was told beforehand that I would be paying for the service, nor was I given a chance to look for less expensive options. Am I legally responsible for paying this charge? If I had known about it prior to the service being rendered I would have found a much cheaper way to do it.

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