NE
Nebraska Landlord-Tenant Laws
Security Deposit Limits in Nebraska
Neb. Rev. Stat. § 76-1416(1)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Maximum security deposit: One month's rent
- Additional pet deposit allowed: Up to 1/4 month's rent
- Pet deposit only when appropriate
- Exemption for Nebraska Housing Agency properties
- Security deposit separate from prepaid rent
Security Deposit Return Timeline in Nebraska
Neb. Rev. Stat. § 76-1416(2)
⏰ Timeline
14 days after lease termination or as specified
✅ Key Requirements
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- 14-day return deadline after tenant demands payment
- Tenant must provide forwarding address or location for payment
- Must include written itemization of deductions
- If no address: mail to last known address
- If returned undeliverable: hold for 1 year then remit to State Treasurer
- +1 more requirements
Allowable Security Deposit Deductions in Nebraska
Neb. Rev. Stat. § 76-1416(2)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Valid deductions: Unpaid rent and damages from noncompliance
- Must be due to tenant's violation of agreement or duties
- Written itemization required
- Cannot deduct for normal wear and tear
- Deductions limited to actual damages suffered by landlord
Security Deposit Penalties in Nebraska
Neb. Rev. Stat. § 76-1416(3)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Bad faith penalty: Lesser of 1 month's rent or 2x deposit
- Tenant must demand return before filing suit
- Tenant entitled to reasonable attorney fees if prevails
- Attorney fees are mandatory, not discretionary
- Bad faith means intentional or willful withholding without justification
Rent Due Date and Payment in Nebraska
Neb. Rev. Stat. § 76-1414(2)-(3)
⏰ Timeline
As specified by law
✅ Key Requirements
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- Rent due at time and place specified in agreement
- Default: Rent payable at the dwelling unit
- Monthly rent: Due at beginning of each month unless agreed otherwise
- Rent apportionable day-to-day unless agreed otherwise
- No statewide rent control
- +1 more requirements
Late Fees and Bounced Check Charges in Nebraska
Neb. Rev. Stat. § 25-1523 (NSF checks)
⏰ Timeline
As specified by law
✅ Key Requirements
- No statutory limit on late fees
- Late fees must be reasonable
- Should reflect actual costs to landlord
- NSF/bounced check maximum: $10
- No mandatory grace period unless in lease
- +1 more requirements
Rent Increase Notice Requirements in Nebraska
Neb. Rev. Stat. § 76-1437
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- Week-to-week: 7 days' written notice
- Month-to-month: 30 days' written notice
- Fixed-term: Cannot increase unless lease allows
- No state limits on increase amount
- No rent control in Nebraska
- +1 more requirements
Eviction for Nonpayment of Rent in Nebraska
Neb. Rev. Stat. § 76-1431(2)
⏰ Timeline
As specified by law
✅ Key Requirements
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- 7-day written notice required
- Notice must state amount of unpaid rent
- Notice must state intention to terminate if not paid
- Tenant has 7 days to pay in full
- Payment within 7 days voids the notice
- +1 more requirements
Eviction for Lease Violations in Nebraska
Neb. Rev. Stat. § 76-1431(1)
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- Written notice required specifying the breach
- 14 days to cure the violation
- 30 days' notice of termination if not cured
- If cured within 14 days, tenancy continues
- Repeat violation within 6 months: 14-day notice, no cure
- +1 more requirements
Eviction for Illegal Activity in Nebraska
Neb. Rev. Stat. § 76-1431(4)
⏰ Timeline
As specified by law
✅ Key Requirements
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- 5-day written notice required
- No opportunity to cure
- Applies to: violent activity, drug sales, threats to health/safety
- Includes tenant, occupants, guests, or those under tenant's control
- Examples: assault, weapons, drug dealing, endangering others
- +1 more requirements
Eviction for Month-to-Month Tenancies in Nebraska
Neb. Rev. Stat. § 76-1437(2); § 76-1414(4)
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- Week-to-week: 7 days' written notice
- Month-to-month: 30 days' written notice
- Either landlord or tenant may terminate
- No cause required for termination
- Notice calculated from when rent is due
- +1 more requirements
Eviction Process Overview in Nebraska
Neb. Rev. Stat. §§ 76-1441 through 76-1447
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- Must give proper notice first
- File complaint in district or county court
- Filing fee: $50-$85
- Serve summons and complaint within 3 days
- Hearing: 10-14 days after summons issued
- +2 more requirements
Illegal Self-Help Evictions in Nebraska
Neb. Rev. Stat. § 76-14,100
⏰ Timeline
As specified by law
✅ Key Requirements
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- Cannot change locks or exclude tenant
- Cannot remove doors or windows
- Cannot shut off utilities
- Must use court process for eviction
- Tenant remedies: Possession, injunction, damages
- +1 more requirements
Landlord's Duty to Maintain Habitability in Nebraska
Neb. Rev. Stat. § 76-1419
⏰ Timeline
As specified by law
✅ Key Requirements
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- Comply with health and safety codes
- Maintain premises in fit and habitable condition
- Keep common areas safe and clean
- Maintain all building systems in good working order
- Provide trash receptacles and removal
- +1 more requirements
Tenant Repair Remedies in Nebraska
Neb. Rev. Stat. § 76-1427; § 76-14,100
⏰ Timeline
30 days after lease termination or as specified
✅ Key Requirements
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- Must give landlord reasonable notice first
- Option 1: 30-day notice (14 days to cure or terminate)
- Option 2: Injunctive relief and rent reduction
- Option 3: Substitute housing and deduct from rent
- Option 4: If willful, terminate and recover up to 3 months' rent
- +1 more requirements
Tenant Duties in Nebraska
Neb. Rev. Stat. § 76-1421
⏰ Timeline
As specified by law
✅ Key Requirements
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- Comply with health and safety codes
- Keep occupied areas safe
- Dispose of trash properly
- Keep plumbing fixtures clean
- Use facilities reasonably
- +2 more requirements
Landlord Entry Rights in Nebraska
Neb. Rev. Stat. § 76-1423
⏰ Timeline
As specified by law
✅ Key Requirements
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- Valid reasons: Emergency, repairs, services, showing unit
- At least one day's notice required (except emergency)
- Entry only at reasonable times
- Cannot abuse right of access
- Cannot use entry to harass tenant
- +1 more requirements
Retaliation Prohibition in Nebraska
Neb. Rev. Stat. § 76-1439
⏰ Timeline
As specified by law
✅ Key Requirements
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- Cannot retaliate for tenant complaints to government
- Cannot retaliate for complaints to landlord
- Cannot retaliate for joining tenant organization
- Prohibited actions: Rent increase, service reduction, eviction
- Tenant remedies: Possession, termination, up to 3 months' rent
- +1 more requirements
Discrimination Protections in Nebraska
Neb. Rev. Stat. § 20-301 et seq.; 42 U.S.C. § 3604
⏰ Timeline
As specified by law
✅ Key Requirements
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- Protected classes: Race, color, religion, sex, disability, familial status, national origin
- Cannot refuse to rent based on protected class
- Cannot set different terms or conditions
- Cannot make housing unavailable
- Must provide reasonable accommodations for disabilities
- +2 more requirements
Application Fees and Tenant Screening in Nebraska
No specific statute; general fair housing and contract law principles apply
⏰ Timeline
As specified by law
✅ Key Requirements
- No statutory cap on application fees
- Fees must be reasonable
- Should cover actual screening costs
- Excessive fees may be unconscionable
- Screening must comply with fair housing laws
- +2 more requirements
Lead-Based Paint Disclosure in Nebraska
42 U.S.C. § 4852d; 24 CFR Part 35
⏰ Timeline
As specified by law
✅ Key Requirements
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- Required for housing built before 1978
- Must provide EPA pamphlet
- Must disclose known lead-based paint and hazards
- Must provide available records and reports
- Must include specific warning language in lease
- +1 more requirements
Lease Agreement Requirements in Nebraska
Neb. Rev. Stat. § 76-1414; § 76-1409
⏰ Timeline
As specified by law
✅ Key Requirements
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- Both written and oral agreements are valid
- Terms cannot violate URLTA or other law
- Default: Week-to-week for weekly rent, month-to-month otherwise
- Tenant should receive copy of written agreement
- Written agreements recommended
- +1 more requirements
Prohibited Lease Clauses in Nebraska
Neb. Rev. Stat. § 76-1410
⏰ Timeline
As specified by law
✅ Key Requirements
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- Cannot waive URLTA rights or remedies
- Cannot include confession of judgment clauses
- Cannot require tenant to pay landlord's attorney fees (except as statute provides)
- Cannot waive landlord liability or require indemnification
- Prohibited clauses are unenforceable
- +1 more requirements
Abandoned Property in Nebraska
Common law principles; Neb. Rev. Stat. § 69-2301 et seq. (Disposition of Unclaimed Property Act)
⏰ Timeline
14 days after lease termination or as specified
✅ Key Requirements
- No specific URLTA provisions
- Landlord must act reasonably and in good faith
- Should provide notice to tenant
- Reasonable storage period (7-14 days typical)
- Document property with photos and inventory
- +2 more requirements
Small Claims Court in Nebraska
Neb. Rev. Stat. § 25-2801 et seq.
⏰ Timeline
As specified by law
✅ Key Requirements
View Full Statute →
- Maximum amount: $3,900 (as of 2024)
- Simplified process, parties can self-represent
- Attorneys permitted but not required
- Common uses: Security deposits, damage claims, unpaid rent
- Evictions cannot be filed in small claims
- +1 more requirements