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Nebraska Landlord Tenant Law

Nebraska Landlord Tenant Law

Nebraska Landlord Tenant Law: What You Need to Know

Being a landlord or tenant comes with a set of responsibilities. Therefore, before getting into any leasing agreements, it is essential to know the landlord tenant laws of Nebraska. The state has regulations that protect both landlords and tenants, and failure to comply with them can lead to legal problems. In this article, we will discuss everything you need to know about Nebraska landlord tenant law.

1. Lease Agreements

The lease agreement is the foundation of the relationship between the landlord and the tenant. It is a legally binding document that outlines the rights and obligations of both parties. The Nebraska Tenant-Landlord Act governs all lease agreements in the state. The act requires that the lease agreement be in writing if the term is more than one year. However, if the lease agreement is less than one year, the state laws accept oral agreements.

Furthermore, a lease agreement must include the names of the landlord and tenant, the duration of the lease, and the amount of rent to be paid. It should also outline any restrictions or prohibitions on the property, for instance, no pets. It is essential that tenants read the lease agreement carefully, and if any parts are unclear, they should seek clarification from the landlord or a legal professional.

2. Security Deposits

A security deposit is an amount of money that a tenant pays the landlord as a security against unpaid rent or damages to the rental property. In Nebraska, a landlord must return the security deposit within 14 days of the end of the lease agreement. However, deductions may be made from the deposit if there are unpaid rent or damages to the property. Deductions must be itemized and presented to the tenant within 14 days of the end of the lease agreement.

The amount of security deposit a landlord can request must not exceed one month’s rent. The landlord must also provide a written receipt after receiving the security deposit, indicating the amount received, and the date received.

3. Rent Payments

Rent is one of the most crucial aspects of the landlord-tenant relationship. In Nebraska, the landlord must provide a tenant with a receipt for rent paid upon request. Tenants must also pay rent promptly on the agreed dates. If a tenant doesn’t pay rent, the landlord has the right to terminate the lease agreement.

4. Repairs and Maintenance

The landlord is responsible for repairs and maintenance of the rental property. However, this responsibility applies only to the property’s structural elements, such as the walls, windows, and doors. Tenants are responsible for maintaining the cleanliness of the rented property. If there are any repair issues, tenants must notify the landlord promptly. A landlord must complete repairs within a reasonable time.

In Nebraska, if the rental property is uninhabitable due to repairs needed, the tenant can seek financial compensation or terminate the lease agreement. The landlord must inform the tenant of any planned construction or repairs in advance.

5. Evictions

Evictions are a nightmare for both tenants and landlords. In Nebraska, a landlord can only evict a tenant through a legal process. The first step is issuing a notice to quit to the tenant. This notice must give a reason for the eviction, for instance, non-payment of rent or breach of lease agreements. The notice must give the tenant time to correct the issue.

If the tenant fails to comply, the landlord can file a lawsuit against them. In these cases, the tenant is provided with a court hearing to present their defense. The court then makes a final ruling. During the legal process, landlords are prohibited from evicting tenants by force. If a landlord breaches this law, the tenant can sue for damages.

6. Retaliation

Landlords often have upper-hand in rental contracts, but Nebraska law prevents them from taking retaliatory actions against tenants who assert their legal rights. This law prevents landlords from raising rent, decreasing services, or evicting tenants for seeking to enforce their rights. If a landlord takes retaliatory actions against tenants, they can sue for damages.

7. Privacy

Tenants have a right to privacy, and landlords cannot enter their rental property without permission, except in emergencies. A landlord must give tenants a reasonable notice in advance before entering the property, except in emergencies that require immediate access.

In Nebraska, a landlord cannot make arbitrary actions or threats to harass tenants or police their personal lives. Landlords found guilty of making unsubstantiated threats may face legal action.


Nebraska landlord tenant law is clear on the rights and responsibilities of both landlords and tenants. Understanding these regulations is essential to avoid legal problems arising from disputes. By adhering to the state laws, both parties can create a healthy rental relationship.

A good understanding of these laws makes for an excellent landlord or tenant. While some of the rules in the Nebraska Tenant-Landlord Act may not be convenient, they provide a level of security for both parties, which is critical in any tenant-landlord relationship.

Quick Guide to NE Landlord/Tenant Law 

Nebraska Landlord/Tenant Laws

There are two public resources that provide valuable information about some of the most important sections of Nebraska landlord/tenant law: the U.S. Department of Housing and Urban Development and the state’s revised statutes.  The majority of information about Nebraska landlord/tenant law in this article is referenced from the revised statutes, but you can find more information under HUD at the following link.

Obligations of Landlord under Nebraska Landlord/Tenant Laws

NE landlord/tenant law give specific responsibilities to the landlord under NRS 76-1419.  This section of Nebraska landlord/tenant law states a landlord is responsible for all of the following:

• comply with all local NE landlord/tenant law that addresses housing, health, and safety codes

• make all repairs and do whatever is necessary to keep the premises in habitable condition

• keep all the common areas in clean and safe condition

• maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances in safe working condition required by Nebraska landlord/tenant laws

• provide and maintain receptacles for removal of ashes, garbage, rubbish, and other waste as required by local Nebraska landlord/tenant laws

• supply running water and reasonable amounts of hot water, as well as heat unless local Nebraska landlord/tenant law makes providing heat the tenant’s responsibility

NE landlord/tenant law allows the landlord and tenant to change responsibilities within the lease.  However, any changes within a lease and shifted responsibilities must still meet other sections of Nebraska landlord/tenant law.

Responsibilities of Tenant under Nebraska Landlord/Tenant Laws

A tenant must usually perform the following responsibilities under Nebraska landlord/tenant laws:

• comply within all obligations set by local ordinances and NE landlord/tenant law addressing building, housing, health, and safety codes

• keep their part of the premises clean and safe as much as the property permits, and this Nebraska landlord/tenant law does not apply to normal wear and tear

• dispose of all ashes, rubbish, garbage, and other waste in clean and safe manner

• keep all plumbing fixtures clean and in the condition local NE landlord/tenant law permits

• use all utilities correctly

• keep from deliberately damaging or destroying property

• conduct themselves to allow neighbors’ peaceful enjoyment as allowed by Nebraska landlord/tenant law

• comply will all Nebraska landlord/tenant laws in a certain type of housing agreement or association

§76-1416 Nebraska Landlord/Tenant Laws on Security Deposits

This NE landlord/tenant law states that a landlord cannot charge more than one month of rent for a security deposit unless there is a pet.  After the termination of tenancy, this Nebraska landlord/tenant law states a landlord must send an itemized list of damages and deductions within 14 days of obtaining the former tenant’s forwarding address.

§76-1439 Prohibited Evictions and Retaliation under NE Landlord/Tenant Law

According to this section of Nebraska landlord/tenant law, a landlord cannot evict a tenant because they have brought legal action against the landlord, the tenant has become part of a tenants’ union, or a tenant has complained to a government against about building and housing codes.

Under Nebraska landlord/tenant laws, a landlord can only evict a tenant if they default in rent, the violate housing or building codes, or directly cause damage to the premises.