Nebraska Repairs & Tenant Remedies
Nebraska rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Limited: only for the landlord's deliberate or negligent failure to supply running water, hot water, heat, or essential services. Neb. Rev. Stat. § 76-1427
The rules 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 |
|---|---|
| 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 |
| Landlord retaliation | 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 |
Related questions
Nebraska vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| 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 | 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 | 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 |
| Colorado | Allowed for breaches of the warranty of habitability. The tenant gives at least 10 days' written notice (48 hours if the condition materially threatens life, health, or safety) of intent to hire a licensed or qualified professional who is not a relative. If the landlord does not fix the problem or provide a comparable unit or hotel room, the tenant may hire the professional at a reasonable price and deduct the cost from rent, then provide receipts. A broken appliance may be replaced with a comparable one and deducted after 3 days' notice. C.R.S. § 38-12-507(1)(c) | No general right to withhold rent. Statutory remedies for a habitability breach are lease termination, repair-and-deduct, and a claim or counterclaim for actual damages, including reduced fair rental value. C.R.S. § 38-12-507(1)(a)-(d) | A landlord may not retaliate (raise rent, cut services, end or not renew the lease, bring or threaten eviction, harass, or charge fees) because the tenant made a good-faith complaint about a habitability condition to the landlord, a nonprofit, or a government agency; joined or organized a tenants' association; or used habitability remedies. The tenant need only show that the protected activity was a motivating factor. Remedies: the greater of three months' rent or three times actual damages, plus attorney fees. The tenant may also terminate the lease and raise retaliation as a defense to eviction. C.R.S. § 38-12-509 |
| Iowa | Limited. (1) If the landlord deliberately or negligently fails to supply heat, running water, hot water, or essential services, the tenant may give written notice and procure them and deduct the actual, reasonable cost from rent. (2) In a nonpayment eviction it is a defense, and the cost is deducted from rent claimed, if the tenant gave at least 7 days' notice before the rent due date of intent to fix a lease/§ 562A.15 violation, the reasonable cost was no more than one month's rent, and the repair was made in good faith before the landlord's termination notice. Iowa Code § 562A.23(1); § 562A.27(4) | No general right to withhold rent. In a nonpayment possession action, the tenant may counterclaim for amounts owed by the landlord; the court may order rent paid into court and decides the net amount due. Iowa Code § 562A.24 | Landlord may not raise rent, decrease services, or bring or threaten an action for possession after the tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a § 562A.15 violation, or organizes or joins a tenants' union. A good-faith complaint within one year before the alleged retaliation creates a presumption of retaliation. Tenant may recover actual damages and attorney fees and has a defense to eviction. Iowa Code § 562A.36 |
| Kansas | No statutory repair-and-deduct remedy. Tenant may give written notice and terminate (on a rent date at least 30 days later) if the landlord does not begin a good-faith remedy within 14 days, and may sue for damages and injunctive relief. K.S.A. 58-2559 | No statutory right to withhold rent. In a nonpayment possession action the tenant must assert any counterclaim or it is waived; the court may order rent paid into court. K.S.A. 58-2561 | Landlord may not retaliate by increasing rent or decreasing services after a tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a K.S.A. 58-2553 violation, or organizes or joins a tenants' union. Remedies: those in K.S.A. 58-2563 (recover possession or terminate, plus the greater of 1.5 months' rent or actual damages) and a defense to eviction. No statutory presumption period. K.S.A. 58-2572 |
| Missouri | Allowed in narrow cases: tenant must have lived there 6 consecutive months, be current on rent, and have no uncured written lease-violation notice. The condition must affect habitability, sanitation, or security and violate a local housing/building code. Reasonable repair cost must be under $300 or one-half month's rent, whichever is greater, but never more than one month's rent. Tenant gives written notice; landlord has 14 days (or promptly in an emergency) to fix. Tenant then gives an itemized statement with receipts. Total deductions are capped at one month's rent in any 12-month period. RSMo 441.234 | No general right to withhold rent. The AG says a tenant who withholds rent may be evicted. Exceptions: repair-and-deduct under 441.234, and court-ordered rent payments in a deficient-housing/nuisance receivership action, which are a defense to eviction for nonpayment. RSMo 441.234; 441.570-441.580 | No general statewide anti-retaliation statute for residential tenants. RSMo Chs. 441, 534 and 535 (no section on retaliation) |
| South Dakota | Yes. If, within a reasonable time after notice, the landlord does not fix conditions that make the unit unfit to live in or unsafe, the tenant may make the repairs and deduct the cost from rent (or recover it from the landlord). The tenant may instead vacate and owe no further rent. SDCL 43-32-9 | Yes, when the needed repairs would cost more than one month's rent. After giving written notice that states the specific reason, the tenant may withhold rent but must immediately deposit it in a separate bank or savings and loan account and give the landlord written proof. The money is released to the landlord once repairs are made, or used for the repairs once enough has built up. SDCL 43-32-9 | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. SDCL 43-32-27, 43-32-28 |
| Wyoming | No repair-and-deduct remedy. A renter who is current on all payments must notify the owner in writing of the health or safety condition and the requested fix. If the owner does not respond or correct it within a reasonable time, the renter serves a 'notice to repair or correct condition' giving 3 days to begin repairs. If repairs still are not made, the renter may sue in circuit court for costs, damages (including rent improperly retained), termination of the lease, or an order to repair. W.S. 1-21-1203(b), 1-21-1206 | Not authorized by statute. The habitability remedies are available only to renters who are current on all payments and comply with W.S. 1-21-1204 and 1-21-1205. Relief comes through a court action. W.S. 1-21-1203(b), 1-21-1206(a), (c) | No statute — Wyoming has no general law barring landlord retaliation (for example, for complaining about repairs or contacting an inspector). The only related rule: a landlord may not end a tenancy based solely on a tenant's or household member's status as a victim of domestic abuse or sexual violence. W.S. 1-21-1303(c); Title 1, Ch. 21, Arts. 10, 12, 13 and 14 checked |
City rules that may add to state law
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Nebraska Repairs & Tenant Remedies FAQ
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)
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.