Under Nebraska law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Nebraska
In Nebraska, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Nebraska’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Nebraska
Landlords must perform necessary repairs in a timely manner. In Nebraska, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Nebraska tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but usually can’t repair and deduct, or unilaterally withhold rent.
Tenant Responsibilities in Nebraska
Aside from making regular rental payments, Nebraska tenants must:
- Keep the unit safe and habitable.
- Remove garbage and maintain proper sanitation.
- Keep all plumbing fixtures clean.
- Use all facilities and appliances in a reasonable manner.
- Make small repairs or maintenance when necessary.
- Not disturb other tenants or neighbors.
- Not negligently or deliberately destroy any part of the premises.
Evictions in Nebraska
- Nonpayment of Rent: Landlords are not required to provide a grace period for the payment of rent. If a tenant does not pay rent on time, the landlord may issue a 7-Day Notice to Pay. If the tenant does not pay within 7 days, then the landlord can pursue eviction.
- Lease Violation: If a lease violation occurs then the landlord can issue a 30-Day Notice to Comply; however, the tenant only has 14 days to correct the issue.
- No Lease/End of Lease: If a tenant stays in the dwelling unit after the rental term has ended, the landlord may issue a notice to quit. The amount of time in the notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Illegal Acts: If a landlord has documentation of illegal activity occurring on the premises then they may issue a 5-Day Notice to Quit.
It is illegal for a landlord to evict a tenant as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in Nebraska
It’s illegal for Nebraska landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Nebraska
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1 month’s rent.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, utilities, damage excluding normal wear and tear, costs due to a breach of the lease agreement, and cleaning costs.
- Time Limit for Return: 14 days after the lease term ends.
- Max. Penalty for Late Return: Tenants can sue for 1 month’s rent or twice the amount of the deposit, whichever is less, plus court costs and attorneys’ fees.
Lease Termination in Nebraska
Notice Requirements: If a tenant wishes to break a lease, then they must give the following amount of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Nebraska tenants may legally break a lease early for the following reasons:
- Early lease termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Cost of Breaking a Lease in Nebraska
If a Nebraska tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Nebraska
Nebraska does not have rent control. Furthermore, state law does not prohibit cities and towns from creating their own rent control laws.
Because Nebraska does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice to tenants on a month-to-month lease. Mobile home tenants must be given at least 60 days’ notice and week-to-week tenants must be given 7 days’ notice.
Housing Discrimination in Nebraska
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, familial status, sex, or disability. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. Nebraska law does contain extra protection for any groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Nebraska Equal Opportunity Commission handles cases relating to housing discrimination. The following behaviors may be considered discriminatory when directed at a member of a protected group:
- Refusing to buy or sell on a bona fide offer.
- Offering different lease terms or conditions.
- Falsely claiming a unit is unavailable.
- Offering different finance options.
If you feel you have been the victim of housing discrimination, you can file a complaint with the state commission online or by phone.
Additional Landlord Tenant Regulations in Nebraska
In addition to having laws that address general issues like repairs and security deposits, most states, including Nebraska, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Nebraska
Nebraska landlords have the right to enter rental property for inspections, maintenance, and property showings. They must provide at least 24 hours of advance notice before entering a property, unless there’s an emergency. If a landlord enters illegally, tenants can sue to recover a minimum of one month’s rent.
Rent Collection & Related Fees in Nebraska
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Nebraska
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $3,900. Nebraska Small Claims Court is a division of County Court. The process takes approximately one to two months.
Mandatory Disclosures in Nebraska
Nebraska landlords are required to make the following disclosures:
- Lead-Based Paint: For homes that were built before 1978, landlords must provide information about the concentrations of lead paint used in the building.
- Authorized Agents: Landlords must provide the names and addresses of all parties involved in owning and operating the property.
Changing the Locks in Nebraska
Nebraska has no regulations against tenants changing their locks, so tenants can change their own locks as long as the rental agreement doesn’t say otherwise. Landlords are not permitted to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction.
Nebraska Landlord-Tenant Resources
Many cities in Nebraska have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for general information.
Landlord and Tenant Handbook – Produced by Legal Aid of Nebraska, this handbook goes into greater detail about many common landlord-tenant laws, as well as their implications for both parties.
Filing a Small Claims Case in Nebraska – This guide is designed to educate landlords and tenants on the process of filing a small claims case.
Landlord-Tenant Checklist – Nebraska landlords can use this checklist to document the condition of the rental unit at the start and end of the lease term.
