Nebraska Landlord Responsibilities for Habitability

Nebraska Landlord Responsibilities for Habitability

Last Updated: May 29, 2023

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.

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