Most places, including Nebraska, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Nebraska Implied Warranty of Habitability
In Nebraska, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Nebraska
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Nebraska
Nebraska landlords must provide reasonable heating for rental properties. They don’t have to provide air conditioning, but if provided they do have to keep air conditioning or other ventilating appliances in good working order.
Are Landlords Required to Provide Air Filter Replacements in Nebraska?
Nebraska landlords don’t have to replace things like air filters, unless supplied heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Nebraska
Nebraska landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Nebraska?
Nebraska landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Nebraska?
Nebraska landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Nebraska Responsible for Fixing Leaks?
Nebraska landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Nebraska
Nebraska landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, the landlord has to keep such appliances in good working order.
Landlord Responsibilities for Electrical Issues in Nebraska
Nebraska landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Nebraska?
Nebraska landlords are not responsible for replacing light bulbs or particular light fixtures, unless they are part of an appliance the landlord has supplied on the rental property.
Landlord Responsibilities for Garbage Removal in Nebraska
Nebraska landlords must provide and maintain outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in Nebraska
Nebraska landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Nebraska
Nebraska landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in Nebraska
Nebraska landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Nebraska
Nebraska landlords have no specific responsibilities regarding windows and window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Nebraska
Nebraska landlords are responsible for providing required smoke alarms and carbon monoxide (CO detectors). Since these are appliances supplied by the landlord, it’s also the landlord’s responsibility to maintain them.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Nebraska?
Nebraska landlords are responsible for replacing batteries in safety devices, since these are appliances originally required to be supplied by the landlord.
Landlord Responsibilities for Washers and Dryers in Nebraska
Nebraska landlords are not required to furnish their rental properties with a working washer and dryer. However, if the landlord provides such appliances, it’s also the landlord’s duty to keep them in good working order.
Renter’s Rights for Repairs in Nebraska
Nebraska renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, or ask a court to order repairs or compensation. The renter isn’t allowed to repair and deduct, and can only withhold rent when the landlord deliberately or negligently fails to provide essential utilities.
Sources
- 1 Neb. Rev. Stat. § 76-1419(1)(a)-(1)(d) (2022)
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“The landlord shall: (a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety; (b) Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition; (c) Keep all common areas of the premises in a clean and safe condition; (d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him or her.”
Source Link - 2 Neb. Rev. Stat. § 76-1419(1)(e) & (1)(f) (2022)
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“The landlord shall: (e) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle; and (f) Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.”
Source Link - 3 Neb. Rev. Stat. § 76-1415(1)(a) (2022)
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“No rental agreement may provide that the tenant agrees to waive or to forego rights or remedies under the Uniform Residential Landlord and Tenant Act.”
Source Link - 4 Neb. Rev. Stat. § 76-1421(1)-(6) (2022)
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“The tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety; (2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced; (3) Dispose from his dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises; (6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.”
Source Link - 5 Neb. Rev. Stat. § 76-1431(1) (2022)
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“Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a noncompliance with section 76-1421 [tenant responsibilities] materially affecting health and safety or a material noncompliance by the tenant with the rental agreement or any separate agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least fourteen days’ written notice specifying the breach and the date of termination of the rental agreement.”
Source Link - 6 Neb. Rev. Stat. § 76-1425(1) (2022)
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“The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.”
Source Link - 7 Neb. Rev. Stat. § 81-5,142(1) & (3) (2022)
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“(1) Every dwelling unit within a dwelling or apartment house constructed or remodeled on or after January 1, 1982, every guest room in a lodging house or hotel constructed or remodeled on or after January 1, 1982, and every dormitory constructed or remodeled on or after January 1, 1982, shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal’s rules and regulations…
“(3) Every (a) dwelling unit within a dwelling or apartment house constructed prior to January 1, 1982, (b) mobile home, and (c) modular housing unit constructed pursuant to sections 71-1555 to 71-1567 shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal’s rules and regulations at the time of their remodeling or sale.”
Source Link - 8 Neb. Rev. Stat. § 76-603 (2022)
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“Any multifamily dwelling or single-family dwelling constructed on or after January 1, 2017, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall have a carbon monoxide alarm installed (1) on each habitable floor of each dwelling unit in a multifamily dwelling and on each habitable floor in a single-family dwelling or (2) in a location specified in any building code adopted by the state or by the political subdivision in which the dwelling is located.”
Source Link - 9 Neb. Rev. Stat. § 76-1425(1) (2022)
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“Except as provided in the Uniform Residential Landlord and Tenant Act, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 76-1419 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days, and the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.”
Source Link - 10 Neb. Rev. Stat. § 76-1425(2) (2022)
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“Except as provided in the Uniform Residential Landlord and Tenant Act, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 76-1419 [landlord’s responsibility to maintain fit premises]. If the landlord’s noncompliance is willful the tenant may recover reasonable attorney’s fees. If the landlord’s noncompliance is caused by conditions or circumstances beyond his or her control, the tenant may not recover consequential damages, but retains remedies provided in section 76-1427 [abate rent, recover reasonable cost of substitute housing up to the cost of monthly rent, recover reasonable attorney’s fees].”
Source Link - 11 Neb. Rev. Stat. § 76-1427(1)(a) (2022)
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“If contrary to the rental agreement or section 76-1419 [landlord responsibility to maintain fit premises] the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice to the landlord specifying the breach and may procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent.”
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