In general, a landlord in Nebraska has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 14 days of getting written notice from the tenant about the needed repairs.
Check leases carefully. Tenants can make a special written agreement to do repairs that would otherwise be the landlord’s responsibility. For single-family homes, this can include the landlord’s duty to provide garbage, heat, and hot water. Landlords can also hire tenants to maintain their rental properties.
Nebraska Landlord Responsibilities for Repairs
Nebraska landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Required utilities.
- Heating.
- Hot water.
- Garbage containers and removal.
- Required smoke alarms carbon monoxide (CO) detectors.
- Provided appliances.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Nebraska?
Nebraska tenants are responsible for repairing any damage they cause to the property which affects health and safety.
Requesting Repairs in Nebraska
Nebraska tenants must request repairs by providing the landlord written notice about the issue that needs repair. To reserve the relevant legal options, the tenant must also state actions they might take if the landlord does not make timely repairs, such as canceling the lease altogether.
An example of language a tenant might use to state these intentions is: “If the issue isn’t fixed within 14 days, the renter may exercise his right to cancel the rental agreement 30 or more days from today.”
How Long Does a Landlord Have To Make Repairs in Nebraska?
Nebraska landlords have 14 days to make repairs after getting proper written notice about an issue from the tenant. However, a landlord who deliberately or negligently fails to deal with an issue relating to essential utilities may be liable for costs of damage to the tenant.
Can the Landlord Refuse To Make Repairs in Nebraska?
Nebraska landlords cannot refuse to make repairs that are their responsibility. However, refusal to repair does not excuse the renter failing to keep the terms of the rental agreement. For example, a landlord who fails to repair may still be able to evict for the tenant’s failure to pay rent.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Nebraska?
Nebraska landlords must pay for alternative accommodation during any repairs which force the tenant temporarily out of the rental property. Specifically, since relocating the tenant deprives the tenant of essential services under the rental agreement, the tenant can get substitute housing and suspend rent payments until repairs are finished.
Tenant’s Rights if Repairs Aren’t Made in Nebraska
Nebraska tenants can cancel the rental agreement if the landlord doesn’t make timely repairs, in many situations. They might also sue for damages or get an injunction to force repairs.
Can the Tenant Withhold Rent in Nebraska?
Nebraska tenants are generally not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must usually have a court order. However, the tenant can temporarily suspend rent payments if the landlord deliberately or negligently deprives the tenant of essential utilities.
Can the Tenant Repair and Deduct in Nebraska?
Nebraska tenants are not allowed to arrange for repairs and deduct from the rent.
Can the Tenant Break Their Lease in Nebraska?
Nebraska tenants can break their lease 14 days after written notice, for failure to repair issues that weren’t the tenant’s responsibility or other uncorrected breaches of the rental agreement.
Tenants can move out and break their lease immediately, when the property is destroyed or severely damaged by an action that wasn’t the tenant’s fault (for example, a hurricane).
Can the Tenant Sue in Nebraska?
Nebraska tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs after proper notice.
Can the Tenant Report the Landlord in Nebraska?
Nebraska tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
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 one of the following protected actions:
- Complaining to the government about failure to maintain the property to minimum standards.
- Participating in a tenant organization.
The law allows exceptions when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
Sources
- 1 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 - 2 Neb. Rev. Stat. § 76-1419(2) (2022)
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“The landlord and tenant of a single-family residence may agree that the tenant perform the landlord’s duties specified in subdivisions (1)(e) and (1)(f) of this section and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is in writing, for good consideration, entered into in good faith and not for the purpose of evading the obligations of the landlord.”
Source Link - 3 Neb. Rev. Stat. § 76-1419(3) & (4) (2022)
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“(3) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and (b) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
“(4) Notwithstanding any provision of the Uniform Residential Landlord and Tenant Act, a landlord may employ a tenant to perform the obligations of the landlord.”
Source Link - 4 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 - 5 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 - 6 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 - 7 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 - 8 Neb. Rev. Stat. § 76-1427(1) (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: (a) 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; (b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or (c) Procure reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. In addition to the remedy provided in subdivisions (a) and (c), if the failure to supply is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent, and in any case under this subsection reasonable attorney’s fees.”
Source Link - 9 Neb. Rev. Stat. § 76-1439(3) (2022)
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“Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if: (a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent; (b) The tenant is in default in rent; or (c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425 [landlord’s repair responsibilities].”
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. § 76-1429(1) (2022)
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“If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: (a) Immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (b) If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.”
Source Link - 12 Neb. Rev. Stat. § 76-1439(1) (2022)
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“Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or (b) The tenant has organized or become a member of a tenants’ union or similar organization.”
Source Link - 13 Neb. Rev. Stat. § 76-1439(2) (2022)
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“If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 [recover possession or terminate rental agreement; recover 3 months’ rent liquidated damages; recover reasonable attorney fees] and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1).”
Source Link - 14 Neb. Rev. Stat. § 76-1439(3) (2022)
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“Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if: (a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent; (b) The tenant is in default in rent; or (c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425 [landlord’s repair responsibilities].”
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