Question 1

How much can a landlord charge for a security deposit in Nebraska?

Accepted Answer

No more than one month's periodic rent, plus a pet deposit of up to one-fourth of one month's rent.

Question 2

How long does a landlord have to return a security deposit in Nebraska?

Accepted Answer

Under Neb. Rev. Stat. § 76-1416(2), upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned, to the tenant's last-known mailing address. If the mailing is returned as undeliverable, or if the returned balance of the security deposit remains outstanding for one year, it shall be considered abandoned property to be reported and paid to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act. Under subsection (3), if the landlord fails to comply with subsection (2), the tenant may recover the property and money due, court costs, and reasonable attorney's fees, and if that failure is willful and not in good faith, an amount equal to one month's periodic rent or two times the amount of the security deposit, whichever is less, as liquidated damages. Subsection (4) does not preclude other damages under the Uniform Residential Landlord and Tenant Act, but a tenant shall not be liable for damages directly related to the tenant's removal from the premises by order of any governmental entity as a result of the premises not being fit for habitation due to the negligence or neglect of the landlord. The holder of the landlord's interest in the premises at the time of termination is bound by this section. Subsection (1)'s cap on security, including the pet-deposit allowance and the housing-agency exception, is a separate limit and is not restated here as the deposit-return rule. Example: after a tenancy ends, the landlord has fourteen days to deliver or mail any remaining deposit with a written itemization; if the tenant left no forwarding instructions, that mailing goes by first-class mail to the last-known mailing address.

Question 3

How much notice does a landlord have to give before entering a rental in Nebraska?

Accepted Answer

At least 24 hours' written notice stating the purpose and the expected time window, except in an emergency.

Question 4

How much notice does a landlord need to give to raise the rent in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no notice period for rent increases (full-text search of the act, §§ 76-1401 to 76-1449); the lease terms control.

Question 5

Can a landlord charge a late fee in Nebraska, and how much?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no late-fee cap (full-text search of the act, §§ 76-1401 to 76-1449); the lease terms control.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Nebraska?

Accepted Answer

7 calendar days' written notice to pay or the landlord may terminate the rental agreement.

Question 7

Can cities in Nebraska pass rent control?

Accepted Answer

No state statute barring local rent control was found in the Nebraska Uniform Residential Landlord and Tenant Act (76-1401 to 76-1449).

Question 8

How much notice is needed to end a month-to-month tenancy in Nebraska?

Accepted Answer

Either party may end a month-to-month tenancy with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week).

Question 9

Does a landlord have to pay interest on a security deposit in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no requirement to pay interest on security deposits (full-text search of the act, §§ 76-1401 to 76-1449); the lease terms control. The deposit rules are in § 76-1416.

Question 10

Is a move-in or move-out inspection checklist required in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no move-in or move-out inspection or checklist requirement (full-text search of the act, §§ 76-1401 to 76-1449); the lease terms control.

Question 11

Is landlord retaliation illegal in Nebraska?

Accepted Answer

Yes. A landlord may not raise rent, cut services, or bring or threaten an eviction because the tenant complained to a code-enforcement agency about a health and safety violation or joined a tenants' union. Exceptions: tenant-caused violations, rent default, or code compliance requiring major work.

Question 12

Can a landlord change the locks or shut off utilities in Nebraska?

Accepted Answer

If the landlord unlawfully removes or excludes the tenant, or willfully cuts electric, gas, water or other essential services, the tenant may recover possession or end the lease. In either case the tenant may recover 3 months' rent as liquidated damages plus attorney's fees.

Question 13

What can a tenant do if the landlord won't make repairs in Nebraska?

Accepted Answer

Material noncompliance affecting health and safety: written notice that the lease ends in 30+ days unless the breach is fixed within 14 days, plus damages or an injunction. If the landlord fails to supply heat, water, hot water or essential services, the tenant may buy them and deduct the cost, recover reduced rental value, or get substitute housing and pay no rent meanwhile.

Question 14

What disclosures must a landlord give tenants in Nebraska?

Accepted Answer

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the manager and of the owner (or the owner's agent for service of process and notices), and keep this current.

Question 15

What can a landlord do with property a tenant leaves behind in Nebraska?

Accepted Answer

If the tenant abandons the unit, the landlord takes possession and must make reasonable efforts to re-rent. Absence without notice for one full rental period or 30 days, whichever is less, is abandonment. Personal property left after the tenancy ends is governed by Neb. Rev. Stat. §§ 69-2301 to 69-2314: the landlord must give written notice describing the property to the tenant and any believed owner (69-2303). Unclaimed property must be sold at public sale by competitive bidding, but if the landlord reasonably believes its total resale value is under $2,000, the landlord may keep or dispose of it (69-2308). A deceased tenant's authorized person has 20 days to claim property (§ 76-1414).

Question 16

Can a tenant break a lease early for domestic violence or military service in Nebraska?

Accepted Answer

No general right. Domestic-violence victims may be released under 76-1431.01, and servicemembers with relocation orders under 55-702 (plus the federal SCRA).

Question 17

Is there a grace period before a late fee can be charged in Nebraska?

Accepted Answer

Nebraska's URLTA sets no late-fee grace period or late-fee cap (full-text search of the act).

Question 18

How does the eviction court process work in Nebraska?

Accepted Answer

The summons states the trial date and must be served within 3 days of issuance and returned within 5 days, excluding nonjudicial days.

Question 19

Can a tenant fix something and deduct it from rent in Nebraska?

Accepted Answer

If the landlord deliberately or negligently fails to supply heat, running water, hot water or essential services, the tenant may give written notice and buy reasonable amounts of them during the outage and deduct the actual, reasonable cost from rent (or get damages or substitute housing instead).

Question 20

What happens if a tenant stays after the lease ends in Nebraska?

Accepted Answer

If a tenant stays without consent after the lease ends, the landlord may sue for possession. For a willful, bad-faith holdover, the landlord may also recover the greater of up to 3 months' rent or three times actual damages, plus attorney fees.

Question 21

What happens to the lease when a tenant dies in Nebraska?

Accepted Answer

A tenant may name a person authorized to retrieve their belongings if they die. The landlord must try to contact that person within 10 days of the death. The person then has 20 days to say they'll claim the property and 20 more days to remove it.

Question 22

How much can a landlord charge for a rental application fee in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no application-fee limit (full-text search of the act, §§ 76-1401 to 76-1449).

Question 23

Does a landlord have to give notice before not renewing a lease in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no notice requirement for ending a fixed-term lease at its end (full-text search of the act, §§ 76-1401 to 76-1449). The notice rules in § 76-1437 cover week-to-week (7 days) and month-to-month (30 days) tenancies.

Question 24

Can a tenant sublet an apartment in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no rule on subletting or assignment (full-text search of the act, §§ 76-1401 to 76-1449). The lease controls.

Question 25

Can a landlord refuse Section 8 or other source of income in Nebraska?

Accepted Answer

Nebraska's fair housing section protects race, color, religion, national origin, disability, familial status, sex, and military or veteran status. Source of income is not on the list. Check local ordinances.

Question 26

Can a tenant withhold rent for repairs in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no rent withholding or rent escrow procedure (full-text search of the act, §§ 76-1401 to 76-1449). Tenant remedies for landlord noncompliance are termination, damages and, for essential services, the procure-and-deduct remedy in § 76-1427.

Question 27

What is the deposit bank holding / separate account rule in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no requirement to keep security deposits in a separate or trust account (full-text search of the act, §§ 76-1401 to 76-1449). The deposit rules are in § 76-1416.

Question 28

Does a landlord have to provide smoke and carbon monoxide detectors in Nebraska?

Accepted Answer

In rental property, the owner (or agent) must supply, install, maintain and test smoke detectors. A tenant who stays a month or more must test the detector per the manufacturer's instructions, replace batteries and tell the owner in writing about any defect. Batteries must work at move-in, and the owner must give testing instructions and fix reported defects.

Question 29

What is the eviction notices for other grounds (lease violation, no-fault) rule in Nebraska?

Accepted Answer

For a material lease violation or a health-and-safety violation of tenant duties, the landlord's written notice must state the lease ends at least 30 days after receipt unless the breach is fixed within 14 days. If the same violation recurs within six months, the landlord may end the lease on at least 14 days' written notice.

Question 30

What is the right to cure / redeem rule in Nebraska?

Accepted Answer

If a lease violation can be fixed by repairs, paying damages or otherwise, and the tenant fixes it before the date in the landlord's 30-day notice (the notice gives 14 days to remedy), the lease does not end. A repeat of substantially the same violation within six months can be ended on 14 days' notice without a cure right.

Question 31

What is the pet deposits/fees & service/esa animals rule in Nebraska?

Accepted Answer

In addition to the one-month deposit cap, a landlord may take a pet deposit of up to one-fourth of one month's rent.

Question 32

What is the eviction record sealing rule in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act, which includes the state's residential eviction procedure, has no provision for sealing or expunging eviction records (full-text search of the act, §§ 76-1401 to 76-1449). Court rules, which this site has not reviewed, may still allow it.

Question 33

What is the tenant relocation assistance rule in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no requirement for landlords to pay tenants relocation assistance (full-text search of the act, §§ 76-1401 to 76-1449). Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Question 34

What is the rent receipts, payment methods & cash rule in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no rule requiring rent receipts, requiring or banning any payment method, or limiting payment fees (full-text search of the act, §§ 76-1401 to 76-1449). Under § 76-1414(3), rent is payable at the time and place agreed upon by the parties.

Question 35

What is the condo conversion protections rule in Nebraska?

Accepted Answer

Residential tenants of a conversion building must get notice and the public offering statement at least 60 days before they must vacate, and the tenancy terms can't change during that period. Without proper notice, the tenant has a defense to an eviction for possession.

Question 36

What is the manufactured / mobile home parks rule in Nebraska?

Accepted Answer

Under the Mobile Home Landlord and Tenant Act, a mobile home space tenant must get written notice of any rent increase at least 60 days before it takes effect. Code text: "Each tenant shall be notified in writing of any rent increase by actual notice or by United States mail at least sixty days prior to the effective date of the increase."

Question 37

What is the military lease termination (federal scra, all states) rule in Nebraska?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 38

What is the rental / transient occupancy tax rule in Nebraska?

Accepted Answer

Nebraska adds a 1% state lodging sales tax on hotel occupancy charges, on top of ordinary sales tax; proceeds go to the State Visitors Promotion Cash Fund. Statute text: "There is hereby imposed an additional sales tax of one percent upon the total consideration charged for occupancy of any space furnished by any hotel in this state" (Neb. Rev. Stat. § 81-3715).

Question 39

What is the guest & occupancy limits rule in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no provision on guest stays or occupancy limits (full-text search of the act, §§ 76-1401 to 76-1449). Local ordinances or other state or federal laws may still apply.

Question 40

Can a landlord deny a tenant for criminal or credit history in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act sets no rules on screening applicants' criminal or credit history (full-text search of the act, §§ 76-1401 to 76-1449); federal fair-housing and FCRA rules still apply.

Question 41

What is the property manager licensing rule in Nebraska?

Accepted Answer

In Nebraska, a "broker" includes anyone who, for compensation, negotiates rentals or leases or collects rents for others, and § 81-885.02 makes it unlawful to act as one without a license under the Nebraska Real Estate License Act. Statute text: "negotiates or attempts to negotiate the listing, sale, purchase, exchange, rent, lease, or option for any real estate or improvements thereon" (Neb. Rev. Stat. §§ 81-885.01(2), 81-885.02).

Question 42

Does a landlord need just cause to evict in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no general just-cause (good-cause) requirement for ending a tenancy (full-text search of the act, §§ 76-1401 to 76-1449); the text was searched for "just cause," "good cause," "for cause" and "without cause". Local ordinances or other state or federal laws may still apply.

Question 43

What is the tenant buyout disclosures rule in Nebraska?

Accepted Answer

Nebraska's Uniform Residential Landlord and Tenant Act has no provision on tenant buyout agreements or buyout disclosures (full-text search of the act, §§ 76-1401 to 76-1449); the text was searched for "buyout" and payments to vacate. Local ordinances or other state or federal laws may still apply.

Question 44

What federal protections does a tenant have after foreclosure in Nebraska?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 45

What is the domestic violence early termination rule in Nebraska?

Accepted Answer

A tenant who is, or whose household member is, a victim of domestic violence may be released from the lease after giving the landlord a protective order or certification plus written notice of a release date 14 to 30 days out. The tenant stays liable for rent for the month of termination.

Question 46

Does Nebraska have rent control?

Accepted Answer

No state statute setting statewide rent control or rent stabilization was found in the Nebraska Uniform Residential Landlord and Tenant Act (76-1401 to 76-1449).

Question 47

What is the warranty of habitability in Nebraska?

Accepted Answer

The landlord must substantially comply with minimum housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, keep common areas clean and safe, and maintain plumbing, electrical, heating and other facilities in safe working order.

Question 48

What disclosures must a landlord give in Nebraska?

Accepted Answer

At or before the start of the tenancy, the landlord must disclose in writing the name and address of the property manager and of an owner or agent for service of process and notices.

Question 49

What is the scra / military lease termination rule in Nebraska?

Accepted Answer

Beyond the federal SCRA (50 U.S.C. 3955), a servicemember with orders to relocate for at least 90 days may end a residential lease if required to move into government-owned or leased housing, by written or electronic notice with a copy of the orders. No early-termination charge is allowed. For monthly rent, termination takes effect 30 days after the next rent due date following the notice.

Question 50

How much does it cost to file an eviction in Nebraska?

Accepted Answer

The county court fee for a civil case, including an eviction, is $20 for all services through judgment or dismissal, and a writ of restitution is $5. Other statutory court costs added to civil filings were not totaled here.

Question 51

What rights does a tenant have after foreclosure in Nebraska?

Accepted Answer

No state statute protecting tenants after foreclosure was found in the Nebraska Uniform Residential Landlord and Tenant Act (76-1401 to 76-1449).

Question 52

Do landlords need a rental license or registration in Nebraska?

Accepted Answer

No state statute requiring landlords to register rental units was found in the Nebraska Uniform Residential Landlord and Tenant Act (76-1401 to 76-1449).

Question 53

Can the city inspect my rental property in Nebraska?

Accepted Answer

No state statute creating a rental inspection program was found in the Nebraska Uniform Residential Landlord and Tenant Act (76-1401 to 76-1449).

Question 54

What are the Airbnb / short-term rental rules in Nebraska?

Accepted Answer

No state statute regulating short-term rentals was found in the Nebraska Uniform Residential Landlord and Tenant Act (76-1401 to 76-1449).

Nebraska landlord-tenant law FAQ