A summary of Nebraska Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Contact Information: The landlord or any person authorized to enter into a rental agreement on his or her behalf must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving notices and demands. (Neb. Rev. Stat. § 76-1417)
Security Deposit Limit
The security deposit must not exceed the equivalent of one month’s rent for tenants without pets. An extra 1/4 (one quarter) months’ rent may be charged for tenants with pets. Note: This does not apply to housing agencies formed under the Nebraska Housing Agency Act.
Deadline for Returning Security Deposit
The security deposit must be returned within 14 days after the tenant moves out.
Small Claims Lawsuits
The maximum dollar amount of small claims cases for landlord-tenant disputes is $3,600 until June 30, 2020. Nebraska adjusts this amount marginally every five years. The previous five years was $3,500.
The state of Nebraska does not legislate for late fees. Therefore, the only way one can be charged is if it’s written into the lease.
Nebraska also does not have a state statute on the amount of notice required to increase rent. Typically, this would be 30 days for month-to-month arrangements and left up to whatever is mentioned in a longer term lease agreement (usually there is no increase for the length of the tenancy).
Tenant’s Right to Withhold Rent
A tenant can withhold rent or repair and deduct when the landlord willfully or negligently fails to provide essential services such as running water, heat, etc. Notice must first be provided to the landlord stating the noncompliance. Read more on the rent withholding statute in Neb. Rev. Stat. § 76-1428. The repair and deduct statute can be found in Neb. Rev. Stat. § 76-1427.
Termination and Eviction
An unconditional 14 day notice to quit can be served on a tenant repeating the same act, that constituted a lease violation and for which notice was given, within 6 months.
For all other violations, a 14 day notice to cure may be used, allowing for 16 additional days to vacate.
Access to Property
A one day advance notice of entry is required.
While there is no specific protection for a tenant with early termination or eviction of the abuser by the landlord, the Court may remove and exclude respondent from the residence of petitioner, regardless of the ownership of the residence.
Nebraska Lease Agreement
Nebraska Landlord-Tenant Law Statutes
Nebraska Rev. Stat. §§ 76-1401 to 76-1449.