Warranty of Habitability in Nebraska

Last Updated: May 29, 2023 by Elizabeth Souza

In Nebraska a landlord’s obligation for providing a habitable living space is primarily governed by Neb. Rev. Stat §76-1419. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities Roof/Walls, Hot/Cold Water, HVAC, Plumbing, Electrical, Gas, Sanitation Facilities, Trash Can.
Time Limit for Repairs 14 Days
Tenant Recourse Options
  • Withhold Rent: Yes
  • Repair & Deduct: Yes

Applicable Dwelling Types in Nebraska

The implied warranty of habitability in Nebraska does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs No
RV parks Not specifically addressed
Mobile home parks Not specifically addressed
Condos Only if person in condo is renter
Hotels/Motels No

Landlord Responsibilities in Nebraska

The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Nebraska, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Not addressed
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Yes
Provide hot and cold running water. Yes
Provide working HVAC equipment. Yes
Provide working plumbing and electrical wiring/outlets/ lighting. Yes
Provide working gas lines if used for utilities/cooking Yes
Provide working sanitation facilities (bathtub/shower, toilet). Yes
Provide a trash can (for trash pickup services). Yes
Ensure that any stairs and railings are safe. Not addressed
Ensure that all floors are in good condition and safe. Not addressed
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Not addressed
Provide a mailbox. Not addressed
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. Yes, if required
Provide working carbon monoxide detector. Yes
Provide a working washer/dryer. Not addressed

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Nebraska landlords are also required to ensure all rental properties are “rodent-proof” in addition to being weatherproof and waterproof.

Lead-Based Paint

For any rental properties built prior to 1978, the landlord is required to inform tenants of the potential for lead paint on the property, and any known areas where lead paint was used.

Repairs, Recourse & Retaliation in Nebraska

If a rental property is in violation of the implied warranty of habitability in Nebraska, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.

Requesting 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

Renter’s Rights if Repairs Aren’t Made in Nebraska

Nebraska renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait 14 days for the landlord to do repairs.

If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation. However, the renter usually can’t repair and deduct, or withhold rent. Read More

Landlord Retaliation in Nebraska

It’s illegal for Nebraska landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have complained to the government about failure to maintain the property to minimum standards, or who have participated 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.