Nebraska Landlord-Tenant Law
The rules for renting in Nebraska — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Nebraska
- Security deposit limit
- One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416
- Deposit return deadline
- 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416
- Notice for unpaid rent
- 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2)
- Ending a month-to-month lease
- Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Neb. Rev. Stat. § 76-1437
- Landlord entry notice
- At least 24 hours' written notice (stating purpose and expected arrival window, delivered to each unit) and entry at reasonable times, except in an emergency or where notice is impracticable. Tenant may not unreasonably refuse consent; landlord may not abuse access or use it to harass. Neb. Rev. Stat. § 76-1423
- Rent control / increase limits
- Preempted statewide: cities, villages, counties and their subdivisions may not enact or enforce local laws controlling rent on private property, including home-rule cities; conflicting local laws are void. Neb. Rev. Stat. § 13-331 (Laws 2025, LB266)
Last verified against official sources: 2026-10-22
Main law: Uniform Residential Landlord and Tenant Act — Neb. Rev. Stat. §§ 76-1401 to 76-1449
Security Deposits in Nebraska
| Security deposit limit | One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Housing agencies under the Nebraska Housing Agency Act are exempt from the cap. Last amended Laws 2021, LB532. Source: Neb. Rev. Stat. § 76-1416 |
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| Deposit return deadline | 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). If the mailing comes back undeliverable or the balance stays unclaimed for one year, it becomes abandoned property reportable to the State Treasurer. Source: Neb. Rev. Stat. § 76-1416 |
| Itemized deductions | Required: a written itemization of the amounts withheld must accompany the returned balance within 14 days. Source: Neb. Rev. Stat. § 76-1416 |
| Interest on deposits | No statutory requirement The deposit statute contains no interest or separate-account requirement. Source: Neb. Rev. Stat. § 76-1416 |
| Penalty for withholding | Tenant recovers the money due plus court costs and reasonable attorney's fees; if the landlord's failure was willful and not in good faith, also liquidated damages equal to the lesser of one month's periodic rent or two times the deposit. Landlord's successor in interest is bound by the section. Source: Neb. Rev. Stat. § 76-1416 |
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Eviction in Nebraska
| Notice for unpaid rent | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Lengthened from 3 days to 7 calendar days by Laws 2021, LB320 (per section history). Some secondary sites still say 3 days. Source: Neb. Rev. Stat. § 76-1431(2) |
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| Notice for lease violations | Written notice of a material breach or breach affecting health and safety: tenant has 14 days to remedy, and the agreement terminates on a date at least 30 days after receipt of notice if not remedied. Repeat of substantially the same breach within 6 months: termination on at least 14 days' written notice (no cure). Violent criminal activity, illegal drug sales, or other activity threatening health/safety: 5 days' written notice, no right to cure. Subsection (5) bars use of the 5-day remedy against a tenant for a non-household person's activity where the tenant/household member sought a protection order, reported to police, or (domestic violence) obtained qualified third-party certification. |
| Lockouts & utility shutoffs | Prohibited. If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate, and recover an amount equal to three months' periodic rent as liquidated damages plus a reasonable attorney's fee. On termination the landlord must return prepaid rent and recoverable security. Source: Neb. Rev. Stat. § 76-1430 |
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Notice to Vacate in Nebraska
| Ending a month-to-month lease | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Same notice period for landlord and tenant. Source: Neb. Rev. Stat. § 76-1437 |
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Landlord Entry in Nebraska
| Landlord entry notice | At least 24 hours' written notice (stating purpose and expected arrival window, delivered to each unit) and entry at reasonable times, except in an emergency or where notice is impracticable. Tenant may not unreasonably refuse consent; landlord may not abuse access or use it to harass. Written per-unit notice requirement reflects the Laws 2021, LB320 amendment. Source: Neb. Rev. Stat. § 76-1423 |
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Repairs & Habitability in Nebraska
| Repair and deduct | Limited: only for the landlord's deliberate or negligent failure to supply running water, hot water, heat, or essential services. After written notice, tenant may procure reasonable substitute services and deduct their actual and reasonable cost from rent (or recover diminution in rental value, or obtain substitute housing with rent excused). No general repair-and-deduct remedy for other defects was found in the Act. Not available if the tenant/household/guest caused the condition. Using § 76-1427 precludes § 76-1425 remedies for the same breach. Source: Neb. Rev. Stat. § 76-1427 |
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| Withholding rent | No general self-help withholding statute. In a possession or rent action, the tenant may counterclaim for amounts owed by the landlord under the Act, and the court may order the tenant to pay accrued/accruing rent into court; if nothing remains due after offsets, the tenant gets judgment in the possession action. Rent is also excused while tenant uses substitute housing under § 76-1427(1)(c). Tenant may terminate after 14-day cure notice for material noncompliance (§ 76-1425). Source: Neb. Rev. Stat. § 76-1428 |
| Retaliation protection | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a government agency about a housing-code violation affecting health and safety, or organized/joined a tenants' union. Tenant may use § 76-1430 remedies and raise retaliation as a defense. No statutory presumption period. Exceptions: tenant-caused violation, tenant in default on rent, or code compliance requires alteration/demolition that deprives tenant of use. Source: Neb. Rev. Stat. § 76-1439 |
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Rent Increases & Late Fees in Nebraska
| Rent control / increase limits | Preempted statewide: cities, villages, counties and their subdivisions may not enact or enforce local laws controlling rent on private property, including home-rule cities; conflicting local laws are void. New in 2025. Exceptions: where other state law expressly permits; land-use/inclusionary affordable-housing requirements; voluntary contractual opt-in programs. |
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| Late fees | No statutory cap The URLTA rent-terms section does not regulate late fees; no late-fee statute was located in the Act. Rent is due without demand at the agreed time and place. Source: Neb. Rev. Stat. § 76-1414 |
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Breaking a Lease in Nebraska
| Ending a lease: domestic violence | Yes. A tenant who is, or whose household member is, a victim of domestic violence may be released from the rental agreement if they have a protective order, restraining order or similar relief against the perpetrator, or a certification of domestic violence from a qualified third party (as under the federal VAWA 2013 housing provisions). The tenant must give the landlord a copy of that documentation and a written notice stating the release date (at least 14 and no more than 30 days after the notice) and naming any household members also being released. The tenant owes rent for the month in which the agreement is terminated but is not liable for rent or damage after the release date and cannot be charged a termination fee. Other co-tenants are not released, and a perpetrator cannot use this section. The statute covers 'domestic violence' only; sexual assault and stalking are not separately listed. The certification standard is cross-referenced to § 76-1431(5)(a)(iii) (https://nebraskalegislature.gov/laws/statutes.php?statute=76-1431). Related sections 76-1431.02 to .04 address removing the perpetrator and changing locks. |
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| Ending a lease: military, medical, death | No state statute found in the URLTA for military, medical/disability, or senior lease termination; service members rely on the federal SCRA. On a tenant's death the statute addresses only retrieval of personal property by a tenant-designated authorized person, not termination of the lease. Other Nebraska chapters (e.g., military statutes) were not searched. |
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Squatters & Abandoned Property in Nebraska
| Squatters / unauthorized occupants | No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. Notice section: https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,221. Criminal trespass law was not reviewed. No 2024-2026 squatter bill was found enacted. |
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| Belongings left behind | Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. Abandonment of the unit is presumed after absence without notice for one full rental period or 30 days, whichever is less (§ 76-1432, https://nebraskalegislature.gov/laws/statutes.php?statute=76-1432). On a tenant's death, the landlord must try to contact a tenant-designated authorized person within 10 days, who then has 20 days to claim and 20 more to remove the property (§ 76-1414(5)). |
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Rental Fees in Nebraska
| Application / screening fees | No statute caps or regulates rental application or screening fees. Absence finding based on the URLTA section titles in Chapter 76. |
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| Other rental fees | No statute limits move-in, convenience or online-payment fees or requires all-in rent disclosure. A domestic-violence survivor released from a lease under § 76-1431.01 may not be charged a fee solely because of the termination. Absence finding based on the URLTA section titles. |
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Section 8, Records & Right to Counsel in Nebraska
| Section 8 / source of income | No. The Nebraska Fair Housing Act covers race, color, religion, national origin, disability, familial status, sex, and military or veteran status, but not source of income or housing vouchers. Source: Neb. Rev. Stat. § 20-318 |
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| Eviction record sealing | No statute. Bills to create a 'Residential Tenant Clean Slate Act' to seal certain eviction records have failed: LB92 (109th Legislature) was indefinitely postponed on Jan. 7, 2026. A prior version (LB175, 108th Legislature) also did not pass, per news reports (not an official source). |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases found. |
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Mold, Pests, Heat & AC in Nebraska
| Mold | No statute — general habitability/repair duty applies. After written or actual notice, the landlord must substantially comply with applicable minimum housing codes and do whatever is necessary to put and keep the premises fit and habitable. Nebraska has no mold disclosure or mold-remediation standard for rentals. Local minimum housing codes (e.g., Omaha, Lincoln) may address moisture or mold; where a minimum housing code applies, it sets the landlord's maximum duty under this section. |
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| Pests & bed bugs | No pest- or bed-bug-specific statute. The landlord must keep the premises fit and habitable and common areas clean and safe (after notice); the tenant must keep the occupied part of the premises clean and safe and dispose of garbage and waste properly. No state bed-bug disclosure or inspection rule. Local housing codes may assign extermination duties. |
| Heat | Yes. The landlord must supply reasonable heat (and running water and reasonable hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control supplied by a direct public utility connection. In a single-family residence, the parties may agree in good-faith writing, for consideration, that the tenant supplies heat and hot water (§ 76-1419(2)). Local housing codes may set minimum temperatures. |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the landlord must be kept in good and safe working order. Source: Neb. Rev. Stat. § 76-1419(1)(d) |
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Privacy, Guests & Animals in Nebraska
| Cameras & privacy | No landlord-specific camera statute. It is a crime to knowingly intrude on a person without consent in a place of solitude or seclusion, or to photograph, film, or record a person's intimate area without knowledge and consent. Landlord entry generally requires 24 hours' written notice stating the purpose and time window, and may not be used to harass. Intrusion is a Class I misdemeanor (felony on repeat); intimate-image recording is a Class IV felony. |
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| Guests & occupants | No statute — lease governs. The tenant may not knowingly permit any person to damage the premises and must use the premises reasonably. No statewide occupancy limit or roommate statute; local codes and fair-housing law limit unreasonable occupancy restrictions. Source: Neb. Rev. Stat. § 76-1421 |
| Service & support animals (state law) | A person with a disability who has a service animal is entitled to full and equal access to housing; the landlord may not charge extra compensation or an additional deposit for the animal, but the tenant is liable for damage it causes. No state statute addresses emotional support animal documentation or penalizes misrepresentation in housing. Separately, a pet deposit (for pets) may not exceed one-fourth of one month's rent. The 2019 proposal to let landlords require verification from a licensed Nebraska provider (LB 553) was indefinitely postponed and is not law. Emotional support animals are governed by the federal Fair Housing Act and the Nebraska Fair Housing Act's reasonable-accommodation rules. Owner-occupied single-family homes renting rooms are excluded from §§ 20-131.01 to 20-131.04. |
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How eviction works in Nebraska
Eviction cases are heard in: County court or district court (Nebraska trial courts; URLTA possession actions follow §§ 76-1440 to 76-1447).
- Written termination notice under § 76-1431 (7 calendar days for nonpayment; 14-day cure/30-day termination for material breach; 5 days for violent/drug activity) or § 76-1437 (30 days, month-to-month)
- File complaint for restitution stating the statutory basis, specific facts, premises description, and proof of notice compliance (§ 76-1441)
- Summons issued stating trial date; served within 3 days of issuance and returnable within 5 days, excluding nonjudicial days (§ 76-1442)
- Bench trial (no jury) held 10 to 14 days after the summons is issued (§ 76-1446); continuance only for good cause, later continuances only by agreement or extraordinary cause, with possible rent deposit (§ 76-1443)
- Judgment terminating the rental agreement
- Writ of restitution issued at landlord's request; sheriff or constable restores possession within 10 days of issuance (§ 76-1446)
Trial is set 10 to 14 days after the summons issues; no separate written answer deadline was identified in the URLTA sections reviewed.
Source: Neb. Rev. Stat. §§ 76-1440 to 76-1447
What surprises people about Nebraska rental law
- Nonpayment notice is 7 calendar days, not 3 (changed by Laws 2021, LB320) (Neb. Rev. Stat. § 76-1431)
- Eviction trials are to the judge without a jury, 10-14 days after summons (Neb. Rev. Stat. § 76-1446)
- Pet deposits are capped at one-fourth of a month's rent on top of the one-month security cap (Neb. Rev. Stat. § 76-1416)
- Willful holdover tenants can owe up to three months' rent or treble actual damages, whichever is greater, plus attorney's fees (Neb. Rev. Stat. § 76-1437(3))
- Lockouts and utility shutoffs carry three months' rent in liquidated damages (Neb. Rev. Stat. § 76-1430)
- Local rent control was banned statewide in 2025 (Neb. Rev. Stat. § 13-331, LB266)
- A defendant who appeals must pay monthly rent into court to stay the writ (Neb. Rev. Stat. § 76-1447)
Federal law that also applies in Nebraska
These federal rules apply on top of Nebraska law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Nebraska
These cities add their own tenant protections on top of state law:
Eviction by county in Nebraska
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in Nebraska — steps, cost, timeline and forms.
Common Nebraska questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Nebraska compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Nebraska | One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416 | 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416 | 7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2) |
| Colorado | Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106 | Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. C.R.S. § 38-12-103(1) (as amended by HB 25-1249) | 10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4) |
| Iowa | Two months' rent. Iowa Code § 562A.12(1) | Within 30 days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the deposit or give a written statement of the specific reasons for withholding. If no address is provided within one year, the deposit reverts to the landlord. Iowa Code § 562A.12(3)-(4) | 3 days' written notice of nonpayment and of the landlord's intent to terminate if rent is not paid within that period. After that notice, no separate 3-day notice to quit is required before filing. Iowa Code § 562A.27(2); § 648.3(1) |
| Kansas | Unfurnished unit: one month's rent. Furnished: 1.5 months' rent. If pets are allowed, an additional pet deposit of up to one-half month's rent. K.S.A. 58-2550(a) | Balance due within 14 days after the landlord determines deductions, and in no event more than 30 days after termination of tenancy, delivery of possession and the tenant's demand. If the tenant makes no demand within 30 days, the landlord must mail the amount due to the tenant's last known address. K.S.A. 58-2550(b) | 3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice. K.S.A. 58-2564(b); K.S.A. 61-3803 |
| Missouri | Landlord may not demand or receive a security deposit of more than two months' rent. RSMo 535.300.1 | Within 30 days after the tenancy ends, the landlord must return the full deposit or send an itemized list of damages along with any remaining balance. Mailing to the tenant's last known address satisfies the duty. RSMo 535.300.3 | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. RSMo 535.020 |
| South Dakota | One month's rent, unless landlord and tenant agree to a larger deposit where special conditions pose a danger to maintenance of the premises. SDCL 43-32-6.1 | 21 days after the tenancy ends and the landlord receives the tenant's mailing address or delivery instructions: return the deposit or give a written statement of the specific reasons for withholding. SDCL 43-32-24 | No statutory notice to quit. The landlord may file a forcible entry and detainer (eviction) action once rent has been unpaid for three days after it is due. The first legal step is filing and serving a verified complaint and summons. SDCL 21-16-1(4); SDCL 21-16-6; SDCL 21-16-2 (repealed) |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | 3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003 |
Nebraska landlord-tenant FAQ
How much can a landlord charge for a security deposit in Nebraska?
One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. (Neb. Rev. Stat. § 76-1416)
How long does a landlord have to return a security deposit in Nebraska?
14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). (Neb. Rev. Stat. § 76-1416)
Does a landlord have to pay interest on a security deposit in Nebraska?
No statutory requirement (Neb. Rev. Stat. § 76-1416)
Does a landlord in Nebraska have to give an itemized list of deposit deductions?
Required: a written itemization of the amounts withheld must accompany the returned balance within 14 days. (Neb. Rev. Stat. § 76-1416)
What happens if a landlord in Nebraska wrongfully keeps a security deposit?
Tenant recovers the money due plus court costs and reasonable attorney's fees; if the landlord's failure was willful and not in good faith, also liquidated damages equal to the lesser of one month's periodic rent or two times the deposit. (Neb. Rev. Stat. § 76-1416)
How much notice does a landlord have to give before evicting for unpaid rent in Nebraska?
7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. (Neb. Rev. Stat. § 76-1431(2))
How much notice is required to evict for a lease violation in Nebraska?
Written notice of a material breach or breach affecting health and safety: tenant has 14 days to remedy, and the agreement terminates on a date at least 30 days after receipt of notice if not remedied. Repeat of substantially the same breach within 6 months: termination on at least 14 days' written notice (no cure). Violent criminal activity, illegal drug sales, or other activity threatening health/safety: 5 days' written notice, no right to cure. (Neb. Rev. Stat. § 76-1431(1), (4))
How much notice is needed to end a month-to-month lease in Nebraska?
Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. (Neb. Rev. Stat. § 76-1437)
Can a landlord enter without notice in Nebraska?
At least 24 hours' written notice (stating purpose and expected arrival window, delivered to each unit) and entry at reasonable times, except in an emergency or where notice is impracticable. Tenant may not unreasonably refuse consent; landlord may not abuse access or use it to harass. (Neb. Rev. Stat. § 76-1423)
Is there a limit on late fees in Nebraska?
No statutory cap (Neb. Rev. Stat. § 76-1414)
Can a tenant repair and deduct from rent in Nebraska?
Limited: only for the landlord's deliberate or negligent failure to supply running water, hot water, heat, or essential services. After written notice, tenant may procure reasonable substitute services and deduct their actual and reasonable cost from rent (or recover diminution in rental value, or obtain substitute housing with rent excused). (Neb. Rev. Stat. § 76-1427)
Can a tenant withhold rent for repairs in Nebraska?
No general self-help withholding statute. In a possession or rent action, the tenant may counterclaim for amounts owed by the landlord under the Act, and the court may order the tenant to pay accrued/accruing rent into court; if nothing remains due after offsets, the tenant gets judgment in the possession action. (Neb. Rev. Stat. § 76-1428)
Can a landlord retaliate against a tenant for complaining in Nebraska?
Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a government agency about a housing-code violation affecting health and safety, or organized/joined a tenants' union. Tenant may use § 76-1430 remedies and raise retaliation as a defense. (Neb. Rev. Stat. § 76-1439)
Is there rent control or a limit on rent increases in Nebraska?
Preempted statewide: cities, villages, counties and their subdivisions may not enact or enforce local laws controlling rent on private property, including home-rule cities; conflicting local laws are void. (Neb. Rev. Stat. § 13-331 (Laws 2025, LB266))
Can a landlord change the locks or shut off utilities in Nebraska?
Prohibited. If a landlord unlawfully removes or excludes the tenant, or willfully interrupts electric, gas, water, or other essential service, the tenant may recover possession or terminate, and recover an amount equal to three months' periodic rent as liquidated damages plus a reasonable attorney's fee. (Neb. Rev. Stat. § 76-1430)
What is the small claims court limit in Nebraska for a deposit dispute?
$7,500 (effective July 1, 2025), excluding interest and costs (Neb. Rev. Stat. § 25-2802(4) (as amended by Laws 2024, LB139))
How do you remove a squatter in Nebraska?
No squatter-specific statute. An owner removes a non-tenant occupant through a forcible entry and detainer action in county or district court: the owner must first serve a written notice to leave at least 3 days before filing (by handing it to the occupant or leaving it at their usual place of abode; if neither can be found in the county, by leaving or posting it on the premises). If the court finds the entry or holding unlawful, it orders restitution of the property. This procedure does not apply to possession cases covered by the Uniform Residential Landlord and Tenant Act. (Neb. Rev. Stat. §§ 25-21,219, 25-21,221)
What can a landlord do with a tenant's abandoned property in Nebraska?
Governed by the Disposition of Personal Property Landlord and Tenant Act. The landlord must give the former tenant (and anyone the landlord believes owns the property) a written Notice of Right to Reclaim Abandoned Property describing the property, where to claim it, and a deadline at least 7 days after personal delivery or at least 14 days after mailing; the notice must also say whether the property will be sold at public sale or, if worth under $2,000, may be kept, sold or destroyed. The tenant gets the property back by paying reasonable storage (and advertising) costs before the deadline. Unclaimed property must be sold at a public sale after newspaper notice once a week for two weeks, unless the landlord reasonably believes it is worth less than $2,000, in which case the landlord may keep or dispose of it. Sale proceeds, less storage, advertising and sale costs, go to the State Treasurer as unclaimed property within 30 days. (Neb. Rev. Stat. §§ 69-2301 to 69-2314 (esp. 69-2304, 69-2305, 69-2307, 69-2308))
Is there a limit on rental application fees in Nebraska?
No statute caps or regulates rental application or screening fees. (Neb. Rev. Stat. §§ 76-1401 to 76-1449 (section list reviewed))
What rental fees are banned or limited in Nebraska?
No statute limits move-in, convenience or online-payment fees or requires all-in rent disclosure. A domestic-violence survivor released from a lease under § 76-1431.01 may not be charged a fee solely because of the termination. (Neb. Rev. Stat. §§ 76-1401 to 76-1449; 76-1431.01(4)(b))
Can a domestic violence survivor break a lease in Nebraska?
Yes. A tenant who is, or whose household member is, a victim of domestic violence may be released from the rental agreement if they have a protective order, restraining order or similar relief against the perpetrator, or a certification of domestic violence from a qualified third party (as under the federal VAWA 2013 housing provisions). The tenant must give the landlord a copy of that documentation and a written notice stating the release date (at least 14 and no more than 30 days after the notice) and naming any household members also being released. The tenant owes rent for the month in which the agreement is terminated but is not liable for rent or damage after the release date and cannot be charged a termination fee. Other co-tenants are not released, and a perpetrator cannot use this section. (Neb. Rev. Stat. § 76-1431.01 (Laws 2021, LB320))
When can a tenant break a lease without penalty in Nebraska?
No state statute found in the URLTA for military, medical/disability, or senior lease termination; service members rely on the federal SCRA. On a tenant's death the statute addresses only retrieval of personal property by a tenant-designated authorized person, not termination of the lease. (Neb. Rev. Stat. §§ 76-1401 to 76-1449; 76-1414(5))
Can an eviction record be sealed or removed in Nebraska?
No statute. Bills to create a 'Residential Tenant Clean Slate Act' to seal certain eviction records have failed: LB92 (109th Legislature) was indefinitely postponed on Jan. 7, 2026. (LB92 (109th Leg.) bill history; no sealing provision in Neb. Rev. Stat. §§ 76-1401 to 76-1449)
Can a landlord refuse Section 8 vouchers in Nebraska?
No. The Nebraska Fair Housing Act covers race, color, religion, national origin, disability, familial status, sex, and military or veteran status, but not source of income or housing vouchers. (Neb. Rev. Stat. § 20-318)
Do tenants have a right to a free lawyer in eviction cases in Nebraska?
No statewide right to counsel in eviction cases found. (Neb. Rev. Stat. §§ 76-1440 to 76-1447 (possession actions; no counsel provision))
What does a Nebraska notice to pay rent or quit have to include?
A written notice stating that rent is unpaid and that the landlord intends to terminate the rental agreement if rent is not paid within 7 calendar days. Delivery to the tenant: in hand; mailed to the place the tenant designated for notices (or the last-known residence); or by electronic means if the tenant affirmatively consented after receiving the statutory disclosures about withdrawing consent and getting paper copies. (Neb. Rev. Stat. §§ 76-1431(2), 76-1413)
What does a Nebraska notice to end a month-to-month tenancy have to include?
Written notice given at least 30 days before the periodic rental date specified in the notice as the termination date (7 days for week-to-week). Either party may give it. Same delivery methods as other notices (in hand, mail to the designated or last-known address, or consented electronic delivery). (Neb. Rev. Stat. §§ 76-1437(1)-(2), 76-1413)
What must a Nebraska security deposit itemization include?
Within 14 days after the tenancy ends, the landlord must deliver or mail the balance of the deposit with a written itemization of the amounts withheld. If the tenant gave no forwarding address, mail it first-class to the tenant's last-known address. (Neb. Rev. Stat. § 76-1416)
How long does a landlord have to sue for unpaid rent in Nebraska?
5 years for a written lease or other written contract; 4 years for an oral (unwritten) lease, express or implied. (Neb. Rev. Stat. §§ 25-205(1), 25-206)
Can a landlord accept rent during an eviction in Nebraska?
Yes. If the landlord accepts rent knowing the tenant is in default, the landlord waives the right to end the lease for that breach. The same applies if the landlord accepts performance that differs from the lease or rules. The exception: the parties can agree otherwise AFTER the breach happens. (Neb. Rev. Stat. § 76-1433)
Can you be evicted in the winter in Nebraska?
No statute — the Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449) has no winter or cold-weather limit on evictions. (Neb. Rev. Stat. ch. 76 (chapter index reviewed))
Can a landlord give notice by text or email in Nebraska?
Notice to a tenant counts as received when it comes to the tenant's attention, or is delivered in hand, or is mailed to the address the tenant named (or the tenant's last-known residence), or is delivered electronically. Electronic delivery means email to an address the tenant consented to use, or posting on a portal with a separate notice of the posting. A landlord may send notices electronically only if the tenant affirmatively consented after getting a clear disclosure of the right to paper copies and the right to withdraw consent. The landlord may not require electronic delivery as a condition of a lease or renewal. (Neb. Rev. Stat. § 76-1413)
How much notice is required for a rent increase in Nebraska?
No statute for ordinary residential tenancies — the residential act sets no specific rent-increase notice. A month-to-month tenancy can be ended on 30 days' written notice before a periodic rental date (7 days for week-to-week). Mobile home park tenants must get written notice of any rent increase, by actual notice or U.S. mail, at least 60 days before it takes effect. (Neb. Rev. Stat. §§ 76-1437, 76-1490)
Does a landlord have to give a copy of the lease in Nebraska?
No statute requires the landlord to give the tenant a copy of the signed lease. At or before move-in, the landlord must disclose in writing the name and address of the property manager and of an owner (or the owner's agent for service of process and notices), and keep this current. A person who fails to disclose becomes the landlord's agent for notices and duties. (Neb. Rev. Stat. § 76-1417)
What are tenants' rights in a foreclosure in Nebraska?
No Nebraska statute was found that protects residential tenants in foreclosure beyond federal law (federal PTFA). Under the Act, the disclosure duty applies to successor owners (§ 76-1417(2)). The person holding the landlord's interest when the tenancy ends is responsible for returning the security deposit (§ 76-1416(5)). (Neb. Rev. Stat. §§ 76-1416(5), 76-1417(2))
Does a landlord have to fix mold in Nebraska?
No statute — general habitability/repair duty applies. After written or actual notice, the landlord must substantially comply with applicable minimum housing codes and do whatever is necessary to put and keep the premises fit and habitable. (Neb. Rev. Stat. § 76-1419(1)(a)-(b))
Who pays for pest control and bed bugs in Nebraska?
No pest- or bed-bug-specific statute. The landlord must keep the premises fit and habitable and common areas clean and safe (after notice); the tenant must keep the occupied part of the premises clean and safe and dispose of garbage and waste properly. (Neb. Rev. Stat. §§ 76-1419(1)(b)-(c), 76-1421(2)-(3))
Does a landlord have to provide heat in Nebraska?
Yes. The landlord must supply reasonable heat (and running water and reasonable hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the tenant's exclusive control supplied by a direct public utility connection. (Neb. Rev. Stat. § 76-1419(1)(d), (1)(f))
Does a landlord have to provide air conditioning in Nebraska?
No state requirement to provide air conditioning or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the landlord must be kept in good and safe working order. (Neb. Rev. Stat. § 76-1419(1)(d))
What can a landlord deduct from a deposit for cleaning or damage in Nebraska?
Not defined by statute. At move-out the tenant must leave the unit as clean as when the tenancy began, 'excepting ordinary wear and tear.' The landlord may apply the deposit only to unpaid rent and damages caused by the tenant's noncompliance with the lease or with the tenant's statutory duties. (Neb. Rev. Stat. §§ 76-1421(2), 76-1416(2))
Can a landlord put cameras in or around a rental in Nebraska?
No landlord-specific camera statute. It is a crime to knowingly intrude on a person without consent in a place of solitude or seclusion, or to photograph, film, or record a person's intimate area without knowledge and consent. Landlord entry generally requires 24 hours' written notice stating the purpose and time window, and may not be used to harass. (Neb. Rev. Stat. §§ 28-311.08, 76-1423)
Can a landlord limit guests or roommates in Nebraska?
No statute — lease governs. The tenant may not knowingly permit any person to damage the premises and must use the premises reasonably. (Neb. Rev. Stat. § 76-1421)
Can a landlord deny a service or emotional support animal in Nebraska?
A person with a disability who has a service animal is entitled to full and equal access to housing; the landlord may not charge extra compensation or an additional deposit for the animal, but the tenant is liable for damage it causes. No state statute addresses emotional support animal documentation or penalizes misrepresentation in housing. Separately, a pet deposit (for pets) may not exceed one-fourth of one month's rent. (Neb. Rev. Stat. §§ 20-131.01 to 20-131.04; § 76-1416(1))
Official resources for Nebraska
- Nebraska Legislature: URLTA deposit statute (navigate Chapter 76)
- Nebraska Judicial Branch self-help: Renter/Tenant
- Nebraska Judicial Branch: small claims limit increase notice
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.