State Rules and Regulations for Nebraska Rental Properties and Landlords

According to Nebraska law (Nebraska Landlord-Tenant Act) if a written or oral lease exists or a landlord accepts rent in exchange for inhabiting a property, then tenants have certain rights such as the right to habitable premises and the right to take some forms of alternative action.

Landlords also have rights, such as the right to collect rent, be reimbursed for damages, and pursue eviction in case of a lease violation.

Nebraska Official Rules and Regulations

Nebraska Security Deposit Limit and Return

  • Security Deposit Maximum: A landlord is permitted to receive the equivalent of one month’s rent. An additional pet deposit of no more than one quarter of one month’s rent is also allowed (if the tenant has a pet). Neb. Rev. Stat. § 76-1416(1)
  • Security Deposit Interest: No state statute.
  • Deadline for Returning Security Deposit: A landlord must return a tenant’s security deposit within 14 days after the tenant demands the payment and provides the location where the payment may be made or mailed. Neb. Rev. Stat. § 76-1416(2).
  • Permitted Uses of the Deposit: A landlord is permitted to use the tenant’s security deposit to pay for outstanding rent, and damages the landlord has suffered due to the tenant’s failure to comply with the lease agreement or statutes governing the tenancy. Neb. Rev. Stat. § 76-1416.
  • Other Requirements: A landlord must provide the tenant with a written description and itemized list of damages and charges that the landlord sustained a result of the tenancy. Neb. Rev. Stat. § 76-1416(2).

Lease, Rent & Fees Under Nebraska Law

  • 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 by a financial institution onto the landlord (§§ 28-611(5)).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, tenants must give landlords 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 the landlord does not fix the problem within 14 days;
    • contacting a local housing code enforcement agency (if any);
    • notifying the 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. The 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, the landlord may take immediate possession and shall make reasonable efforts to rent it. If the 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 Under Nebraska Law

  • 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 days’ written notice (§§ 76-1431(2)).
  • Termination for Lease Violation: For tenant violations of the rental agreement or statutory tenant duties, the 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, the 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 the 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).

Evictions in Nebraska

  1. Nonpayment of rent – If a tenant does not pay rent, then after any applicable grace period, the landlord may issue a 7-Day Notice to Pay or Quit. If the tenant does not pay, then the landlord can pursue formal eviction.
  2. Lease violation – If a lease violation occurs then the landlord can issue a 14-Day Notice to Cure or Quit. If the behavior is not remedied in the specified timeframe then they have 30 days to move out before facing eviction.
  3. Illegal acts – If a landlord has documentation of illegal activity occurring on the premises then they may issue a 5-Day Unconditional Notice to Quit.

At-will tenants in good standing are entitled to at least 30 days of advanced notice before moving out. With-cause evictions are handled the same as with leaseholders.

It is also illegal for a landlord to evict a tenant as a form of retaliation or for discriminatory reasons.

Business Licenses

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

Mandatory Disclosures in Nebraska

Nebraska landlords are only required to make 2 mandatory disclosures:

  1. Lead-based paint. For homes that were built before 1978, landlords must provide information about the concentrations of lead paint used in the building.
  2. Authorized agents. Landlords must provide the names and addresses of all parties involved in owning and operating the property.

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor, Landlord, and Tenant Associations

These resources are for informational purposes only and should not be construed as legal advice. Landlords and Tenants are encouraged to seek specific legal advice for any of the issues as found in this blog.

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