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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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The Nebraska Uniform Residential Landlord and Tenant Act outlines the rights and responsibilities of landlords and tenants in Nebraska. Below is a summary of some of these rights and responsibilities.
Under Nebraska landlord-tenant law, specifically Neb. Rev. Stat. § 76-1421, tenants are required to maintain the property in a clean and safe manner. Key responsibilities include:
The Nebraska Landlord Tenant Act, found in Neb. Rev. Stat. § 76-1419, mandates that landlords keep the property safe and habitable. Their responsibilities include:
For single-family residences, tenants may assume the landlord's responsibilities for waste disposal, heating, repairs, and maintenance if:
Are landlords in Nebraska required to give notice before entering the property?
In Nebraska, landlords are required to provide at least 24 hours' notice before entering a rental property, and they may only do so at reasonable times, as stated in Neb. Rev. Stat. § 76-1423(1).
Are landlords in Nebraska allowed to enter the property to conduct maintenance and repairs?
Regarding maintenance and repairs, landlords are permitted to enter the property for these purposes, provided they give the required notice. This applies to non-emergency situations, allowing landlords to conduct necessary inspections, repairs, or alterations after notifying the tenant in advance (Neb. Rev. Stat. § 76-1423(1)).
In Nebraska, landlords are allowed to impose late rent fees if a tenant does not pay rent by the due date. However, the fee should be ‘reasonable’ and it is important for landlords to clearly outline any late fees in the lease or rental agreement; otherwise, these fees may not be enforceable in court. (§§ 76-1414(1))
In cases where a check is returned due to insufficient funds, the maximum fee that can be charged is $10.
There is no mandatory grace period for rent in Nebraska (§§ 76-1414(3))
Source: LANDLORD AND TENANT HANDBOOK | Legal Aid of Nebraska, 76-1419 | Nebraska Legislature (.gov).
Landlords are required to provide clear communication and sufficient notice to tenants before raising rent. Tenants should also review their lease agreements to understand their rights under Nebraska law and the Fair Housing Act.
Nebraska does not impose any rent control laws, allowing landlords to increase rent without a legal limit. However, any rent increase must be reasonable and cannot be implemented in a discriminatory manner.
Tenants who suspect that their rent has been raised unfairly or without adequate notice may have legal options available. They can reach out to the Nebraska Equal Opportunity Commission or seek legal counsel for assistance.
In Nebraska, landlords must provide tenants with a written notice if they intend to increase rent. The notification process is governed by statutory requirements to protect tenants from unexpected rental hikes and should clearly stating the new rent amount and the effective date of the increase.
Key Requirements for a Rent Increase Notice in Nebraska:
In Nebraska, landlords cannot raise rent under certain conditions unless specified in the lease agreement:
Additionally, landlords cannot raise rent if they are aware that a tenant is a victim of stalking, domestic violence, or sexual assault, as this would violate protections under the Fair Housing Act.
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Nebraska has specific laws governing rental applications, and non-compliance can result in legal action from applicants.
There are no statutory limits on rental application fees in Nebraska. Additionally, any rental application fees collected are non-refundable for tenants.
While Nebraska does not have a specific state law addressing housing discrimination, the Fair Housing Act (FHA) applies. Under the FHA, it is illegal to discriminate against applicants based on race, nationality, religion, sex, familial status, disability, or criminal history.
As a result, landlords cannot request information related to these characteristics on rental applications or consider them in their decision-making process.
Landlords must inform potential tenants about the criteria used for screening and the reasons for any potential denial or approval. To confirm that this information has been communicated, applicants must provide a signature acknowledging receipt of this information, either on the application or as an accompanying document.
Nebraska tenant screening laws are a little different from other states. Here are a few things that landlords need to know:
According to the Federal Credit Reporting Act (FCRA), potential tenants must consent to any credit checks required by landlords. This consent must be documented through written acknowledgment on the application form.
To create an effective rental application process in Nebraska, it is recommended to include the following key elements:
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In Nebraska, the maximum security deposit limit is one month's rent (Neb. Rev. Stat. § 76-1416(1)).
Landlords can collect a pet deposit, except for service dogs and emotional support animals. However, the pet deposit cannot exceed one-quarter of a month's rent (Neb. Rev. Stat. § 76-1416(1)).
Nebraska landlords can make the following deductions from security deposits:
(Neb. Rev. Stat. § 76-1416(2))
Should the landlord decide to make deductions from the security deposit they need to provide the tenants with a written itemization receipt of the deductions, along with the remaining security deposit amount within 14 days after the termination of the tenancy. (Neb. Rev. Stat. § 76-1412(2))
Nebraska law does not require landlords to hold security deposits separately from other funds. Some states mandate how and where security deposits are held, but Nebraska does not.
Landlords in Nebraska have 14 days after the tenancy ends to return the security deposit. Landlords must return the security deposit by mail or hand-delivery to the tenant's forwarding address, along with the itemized statement of any deductions.
If the tenant does not provide a forwarding address or delivery instructions, the landlord must send the written notice and remaining security deposit, if any, to the tenant's last known address by first-class mail.
If the security deposit is returned as undeliverable or unclaimed by the tenant after one year, it must be reported to the State Treasurer as unclaimed property.
(Neb. Rev. Stat. § 76-1412(2))
Nebraska law does not obligate landlords to pay interest on held security deposits.
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A lease agreement in Nebraska is a formal contract between a landlord (lessor) and a tenant (lessee) that outlines the regulations governing tenancy and occupancy rights within the state.
According to Nebraska law, a standard lease should clearly define the terms and conditions of the rental, as well as the rights and responsibilities of both parties, providing legal protection for each.
Yes, oral lease agreements are allowed in Nebraska under certain conditions.
To ensure a smooth rental experience, the following key elements should be included in a Nebraska lease agreement:
Including these components helps to establish clear expectations and responsibilities, thereby minimizing potential disputes between landlords and tenants.
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Ending a lease early can be challenging for both tenants and landlords, but lease agreements typically include provisions for such situations. These provisions may require tenants to pay termination fees or outline the landlord's obligation to find a replacement tenant.
Nebraska law does provide certain protections that allow both parties to break a lease without penalties under specific circumstances, making it essential for landlords and tenants to understand these regulations.
There are specific exceptions to the general rule that tenants must pay rent for the entire lease duration if they break the lease. Tenants may legally terminate their lease early in the following situations:
In Nebraska, legal eviction must be carried out through a civil court lawsuit of forcible entry and detainer, filed by the landlord against the tenant to be evicted.
Landlords in Nebraska can only evict a tenant for valid reasons, such as:
Before filing an eviction lawsuit, landlords must provide tenants with a written notice specifying the violation and the time to cure it, if applicable:
For Non-Payment of Rent: A 7-day Notice to Pay or Quit
If the tenant pays within this period, eviction is halted (Neb. Rev. Stat. § 76-1431(2)).
For Lease Violations: 30-day Notice
If a tenant breaches the rental agreement or fails to comply with health and safety requirements (Section 76-1421), the landlord can issue a written notice specifying the breach. The tenant has 14 days to remedy the issue. If they don’t remedy, the rental agreement will terminate 30 days after the notice.
Repeated Lease Violations: 14-day Notice To Quit
If the same issue recurs within six months, the landlord can terminate the lease with 14 days' written notice. (Neb. Rev. Stat. § 76-1431(1)).
For Violent Criminal Activity: 5-day Notice To Quit
For violent criminal activity, illegal drug activity, or health/safety threats, a 5-day notice is required, with no right to cure (Neb. Rev. Stat. § 76-1431(4)).
The eviction process involves five key steps:
Below is a summary of key laws that govern homeowners associations (HOAs) in Nebraska:
Most HOAs in Nebraska are classified as nonprofit corporations, making them subject to the Nebraska Nonprofit Corporation Act. This legislation outlines the organizational structure and operational guidelines for nonprofit entities. (The Nebraska Nonprofit Corporation Act)
For inquiries about the corporate status of a specific HOA, individuals can contact the Nebraska Secretary of State.
The Nebraska Condominium Act applies to condominium regimes established after January 1, 1984. A condominium regime is created when a declaration or master deed is filed with the local registrar of deeds. (Nebraska Condominium Act)
This act governs the design, management, and operation of condominium regimes that were created before January 1, 1984. (Nebraska Condominium Property Act)
The Nebraska Fair Housing Act, enacted on September 6, 1991, prohibits housing discrimination and complements the federal Fair Housing Act. Its purpose is to eliminate discrimination in real estate transactions, including buying, renting, and using property. Discrimination based on race, religion, sex, national origin, color, disability, or familial status is illegal. (Nebraska Fair Housing Act)
These laws collectively ensure that HOAs operate within a framework that promotes fairness and transparency while protecting the rights of homeowners in Nebraska.
In Nebraska, squatters' rights allow individuals who do not own property to claim ownership through continuous possession under specific conditions. These rights are based on the principle of adverse possession, which enables someone to obtain legal title to a property without purchasing it.
To successfully claim squatters' rights in Nebraska, individuals must meet the following criteria:
Source: Adverse possession | Nebraska Legislature (.gov).
Below, you’ll find some helpful Nebraska landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
