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Nebraska Tenant Rights

Nebraska Tenant Rights

Nebraska Tenant Rights: Know Your Rights as a Renter

As a tenant in Nebraska, it is important to know your rights and responsibilities to ensure that you are protected and treated fairly. Landlord-tenant laws in Nebraska can be complex and vary depending on the situation, but by understanding the basics, you can avoid eviction, illegal discrimination, or any other landlord abuse.

In this article, we will explore the essential tenant rights in Nebraska and provide practical tips to help protect your interests.

Security Deposits

When renting a property in Nebraska, landlords may require a security deposit as protection from any damages or unpaid rent during the tenancy. Nebraska law dictates that landlords may ask for a maximum deposit of one month’s rent and must be returned within 14 days of the end of the tenancy. However, landlords can use the deposit to cover any unpaid rent or repairs needed due to excessive wear and tear beyond normal usage.

Tenants should conduct a walk-through inspection with the landlord before moving in and take pictures to document any existing issues or damages. This will help ensure that the tenant is not charged for pre-existing damages when moving out.

Lease Agreements

A lease agreement is a legal document that outlines the terms of the rental agreement between a landlord and a tenant. It specifies the rent amount, payment due date, lease duration, security deposits, pet policy, and much more.

Tenants have the right to review the lease agreement before signing and should make sure that they understand every section. If there are any questions or concerns, they should consult with a legal expert or a tenant advocacy organization. Once signed, the lease agreement is legally binding, and both the tenant and landlord are obligated to adhere to it.

The lease agreement should state the tenant’s right to quiet enjoyment of the property. This means that the landlord cannot interfere with the tenant’s reasonable use and enjoyment of the property. For example, the landlord cannot enter the tenant’s unit without proper notice or permission, or they cannot turn off utilities, such as electricity or water, without notice.

Rent Increases

Under Nebraska law, landlords are required to give tenants a written notice of a rent increase at least 30 days before the increase takes effect. If the tenant has a lease agreement, the rent cannot be increased during the lease period unless otherwise stated in the agreement.

Tenants can negotiate rent increases with their landlords and provide reasons why they should not be raised. For example, a tenant who has an excellent payment history, maintains the property, and is a valued tenant can negotiate a lower rent increase.

Repairs and Maintenance

Landlords are legally responsible for maintaining the rental property, ensuring that it is in a habitable condition, and promptly responding to maintenance requests. Habitable conditions refer to the requirement that the property is safe, clean, and has essential services, such as hot water, heating, and electric.

Tenants should report any necessary repairs or maintenance issues to the landlord in writing, keeping copies of all communication. If the landlord fails to address the problem promptly, the tenant has the legal right to request for repairs by sending a written notice via certified mail.

If the landlord still fails to address the issue within a certain period, the tenant has several options, including:

1. Withhold rent: Tenants can withhold rent to cover emergency repairs that the landlord has failed to address.

2. Repair and deduct: If the landlord does not address the issue within a reasonable time, tenants can choose to repair the damage themselves and deduct the cost from the rent.

3. Move out: Tenants have the legal right to terminate their lease agreement if the landlord fails to make necessary repairs or address significant health and safety issues.


Eviction is a process through which a landlord can regain possession of rented property from a tenant. In Nebraska, a landlord may not forcibly evict a tenant but must file a lawsuit against the tenant.

The most common reasons for lease termination and eviction are non-payment of rent, violation of lease terms, and damage to the property. Before filing for eviction, landlords must give tenants written notice stating the reasons for the termination of the tenancy and give them a specific amount of time to fix the issue.

Tenants can avoid eviction by making arrangements to rectify any lease violations and by paying outstanding rent or negotiating a payment plan with their landlord. If tenants are unable to resolve the issue within the set timeframe, the landlord can file for an eviction lawsuit.


Discrimination refers to the unfair or unequal treatment of individuals based on their race, gender, age, religion, disability, and other protected characteristics. In Nebraska, it is illegal for landlords to discriminate against tenants on the basis of these protected characteristics.

Any form of discrimination is a violation of the Fair Housing Act, and tenants have the right to seek legal redress. If any tenant feels that they have been discriminated against by their landlord, they should contact the Nebraska Equal Opportunity Commission.


Knowing your tenant rights in Nebraska is essential to ensure that you are treated fairly and protected from any landlord abuse. Being aware of your rights and responsibilities can help avoid legal issues and ultimately lead to a peaceful and successful rental experience.

Tenants should also keep thorough records and communication logs with their landlords as evidence in case of any disputes or legal proceedings. By educating themselves and taking steps to follow the laws, tenants can ensure that they reside in a safe and secure living environment.

Quick Guide to NE Tenant Rights

Nebraska Tenant Rights

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

Obligations of Landlord according to Nebraska Tenant Rights

A Nebraska tenant right gives specific responsibilities to the landlord under NRS 76-1419.  This section of law on maintenance requirements for NE tenant rights states a landlord is responsible for all of the following:

• comply with all local laws and Nebraska tenant rights 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 local law and NE tenant rights

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

• supply running water and reasonable amounts of hot water, as well as heat unless local law makes providing heat a Nebraska tenant right of duty

Various laws and Nebraska tenant rights allow 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 state law and Nebraska tenant rights.

Nebraska Tenant Right against Entering of Landlord

§76-1423 covers NE tenant rights against a landlord entering the premises without permission.  There is no Nebraska tenant right that allows the tenant to deny entrance for necessary repairs and inspection, nor can the tenant deny entrance in the case of an emergency.

Otherwise, Nebraska tenant rights require the landlord to notify the tenant a day before entering the premises.  However, the landlord does not need to respect this Nebraska tenant right if a tenant has abandoned or surrendered the premises.

Nebraska Tenant Rights against Noncompliance from the Landlord

Nebraska tenant rights under §76-1425 states a tenant can terminate their tenancy within 30 days of a landlord failing to remedy a breach of lease agreements affecting NE tenant rights in health and safety.

If the landlord has fixed the breach of a Nebraska tenant right but makes the same breach within 6 months, a tenant may terminate their tenancy after 14 days of the landlord failing to fix the same problem.

You can find information about NE tenant rights in security deposits and evictions within the statutes or within the article on this website titled, “Quick Guide to NE Landlord/Tenant Law.”  You can find more information about a specific Nebraska tenant right within the article listed above as well.