Nebraska Habitability Laws

Last Updated: June 24, 2022 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
Questions? To chat with a Nebraska landlord tenant attorney, Click here

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


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.

Tenant’s Right to Repairs in Nebraska

The law says a landlord must make repairs to an apartment when needed. To enforce the law regarding habitability, tenants must give their landlord written notice of the problem. Tenants must keep a copy of the notice along with the certified mail return receipt.

  • Sending Notice – After receiving the written notice sent by the tenant, the landlord is given 14 days to make necessary repairs to the unit.
  • Landlord Access – Tenants are required to give the landlord access to the property to make necessary repairs. However, a landlord must give tenants one day’s notice unless it’s an emergency.
Questions? To chat with a Nebraska landlord tenant attorney, Click here

Tenant’s Options if Repairs Aren’t Made in Nebraska

If repairs aren’t made in a timely manner after notice was given, the tenant has a few possible options for resolving the issue.

  1. Withhold Rent – Nebraska landlord-tenant law permits the tenant to withhold rent for a landlord’s failure to make necessary repairs or provide essential services, such as heat, water, etc.
  2. Repair and Deduct – Tenants have the right to procure reasonable amounts of essential services during the landlord’s noncompliance and may deduct the actual and reasonable costs from the rent.
  3. Substitute Housing – If essential services such as water or heat are not provided by the landlord, the tenant may seek substitute housing during the landlord’s noncompliance. The tenant does not need to pay rent until the essential services are repaired.
  4. Lawsuit – Tenants do have the right to take legal action for damages resulting from habitability issues.
  5. Reporting to Public Officials – Landlords can be reported to the local housing code enforcement office if they are found to be in violation of any local housing codes.

Landlord Retaliation in Nebraska

It is illegal for a landlord to retaliate by increasing rent, shutting off or decreasing essential services or threatening to evict a tenant for exercising their rights. A landlord may not retaliate in the following circumstances:

  • Tenant has joined or organized a tenants’ union (or a similar organization).
  • Tenant complained to a local government agency regarding a building or housing code violation that is materially affecting the health and safety of the tenant.