| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Nebraska?
Nebraska landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Emergencies.
Can a Landlord Enter Without Permission in Nebraska?
Nebraska landlords can legally enter a rental property without the tenant’s permission in emergencies.
Can a Landlord Enter Without the Tenant Present in Nebraska?
Nebraska landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Nebraska?
Nebraska landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Nebraska?
Nebraska landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Nebraska?
Nebraska landlords have to provide at least 24 hours of advance notice before entering rental property, unless there’s an emergency or another provable reason why it’s not practically possible to contact the renter before entry.
Can a Landlord Enter Without Notice in Nebraska?
Nebraska landlords generally can’t enter without proper advance notice, except in emergencies and other situations where there’s a provable reason that it’s not practically possible to give the renter notice before entry.
How Can Landlords Notify Tenants of an Intention To Enter in Nebraska?
Nebraska landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Nebraska?
Nebraska tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can only refuse entries for other legally allowed purposes when time or manner are unreasonable (for example, a non-emergency maintenance entry at 2:00 AM). These are the only legally allowed purposes for landlord entry:
- Inspecting the property.
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Emergencies.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Nebraska?
Nebraska landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Cancel the rental agreement.
- Recover cost of any actual damages through a lawsuit.
- Recover the cost of reasonable attorney’s fees from the tenant.
Can a Tenant Change the Locks Without Permission in Nebraska?
Nebraska tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide the landlord copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Nebraska?
Nebraska tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from entering.
- Cancel the rental agreement.
- Recover the cost of any actual damages through a lawsuit (minimum one month’s rent).
- Recover the cost of reasonable attorney’s fees from the landlord.
Sources
- 1 Neb. Rev. Stat. § 76-1423(1) (2022)
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“The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.”
Source Link - 2 Neb. Rev. Stat. § 76-1423(2)-(4) (2022)
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“(2) The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
“(3) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall: (a) Give the tenant at least twenty-four hours’ written notice of the landlord’s intent to enter. Such notice shall be provided to each individual unit and include the intended purpose for entry and a reasonable period during which the landlord anticipates making entry; and (b) Enter only at reasonable times.
“(4) The landlord has no other right of access except by court order, as permitted by subsection (2) of section 76-1432 [permitting reasonable entry after the tenant is absent more than 7 days], or if the tenant has abandoned or surrendered the premises.”
Source Link - 3 Neb. Rev. Stat. § 76-1438(1) (2022)
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“If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney’s fees.”
Source Link - 4 Neb. Rev. Stat. § 76-1438(2) (2022)
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“If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month’s rent and reasonable attorney’s fees.”
Source Link
