Nebraska landlord-tenant law is set primarily by the Uniform Residential Landlord and Tenant Act (NURLTA), codified at §76-1401 through §76-1449. It governs almost every residential rental in the state: what a landlord must provide, what a tenant must do, how deposits and rent changes work, and the steps required to end a tenancy or evict. Nebraska has no statewide rent control, but the Act puts real limits on deposits, entry, lease terms, and how landlords can remove a tenant.
Habitability and Repairs
Under §76-1419, a landlord must substantially comply with any local housing code that affects health and safety. Where a local code applies, it sets the standard. Where none does, the statute requires the landlord to maintain the roof, walls, and structural components; keep plumbing, heating, and electrical systems in working order; supply running water and reasonable amounts of hot water; and keep common areas safe and clean.1Nebraska Legislature. Nebraska Revised Statutes 76-1419 – Landlord to Maintain Fit Premises
When a landlord falls short, the tenant has two statutory remedies. The first, under §76-1425, is the general noncompliance procedure. The tenant delivers written notice describing the problem, gives the landlord fourteen days to fix it, and if it isn’t fixed, the lease terminates thirty days after the notice. If substantially the same problem returns within six months, the tenant can terminate on fourteen days’ notice.2Nebraska Legislature. Nebraska Revised Statutes 76-1425 – Noncompliance by Landlord
The second is a repair-and-deduct remedy for essential services. If the landlord deliberately or negligently fails to supply running water, hot water, heat, or other essential services, the tenant can give written notice, arrange for the service, and deduct the actual, reasonable cost from rent. When the cutoff was deliberate, the tenant can also recover the cost of substitute housing up to one month’s rent, plus attorney’s fees.3Nebraska Legislature. Uniform Residential Landlord and Tenant Act Sections 76-1401 to 76-1449
Tenants have their own duties under §76-1421: keep the unit reasonably clean and safe, dispose of trash properly, use appliances and fixtures reasonably, avoid damaging the property, follow applicable housing codes and the lease, and not disturb neighbors. At move-out, the unit should be returned in move-in condition, minus ordinary wear and tear.4Nebraska Legislature. Nebraska Revised Statutes 76-1421 – Tenant to Maintain Dwelling Unit
Landlord Entry
A landlord may enter to inspect, make repairs, supply agreed services, or show the unit to prospective buyers or tenants, but only after giving at least twenty-four hours’ written notice stating the purpose and a reasonable time window. The two exceptions are genuine emergencies and situations where advance notice isn’t practicable. A landlord who abuses access or uses it to harass the tenant violates §76-1423, and the tenant can ask a court to limit future entry.5Nebraska Legislature. Nebraska Revised Statutes 76-1423 – Access
Security Deposits
Nebraska caps the security deposit at one month’s rent. When a pet is involved, the landlord may collect an additional pet deposit of up to twenty-five percent of one month’s rent. Housing agencies organized under the Nebraska Housing Agency Act are exempt from the cap.6Nebraska Legislature. Nebraska Code 76-1416 – Security Deposits; Prepaid Rent
After the tenancy ends, the landlord has fourteen days to return the deposit in full or mail the tenant a written itemization of deductions with any remaining balance. Legitimate deductions cover unpaid rent and damage beyond ordinary wear and tear. Routine scuffs and minor carpet wear from normal use don’t qualify.
Missing the fourteen-day deadline carries teeth. The tenant can sue for the amount owed plus court costs and attorney’s fees. If the landlord’s failure was willful and not in good faith, the tenant can also collect liquidated damages equal to one month’s rent or double the deposit, whichever is less. Attorney’s fees alone often exceed the deposit, which is why deposit disputes settle quickly once a demand is on paper.6Nebraska Legislature. Nebraska Code 76-1416 – Security Deposits; Prepaid Rent
Rent Increases and Ending a Tenancy
There is no cap on how much a Nebraska landlord can raise rent. A rent increase, however, requires at least sixty days’ written notice before it takes effect. During a fixed-term lease, rent is locked in unless the lease itself allows mid-term changes, so increases usually come up only for month-to-month tenants or at renewal.7Nebraska Legislature. Nebraska Revised Statutes 76-1490 – Rent Increase; Written Notice
Either party can end a month-to-month tenancy by giving at least thirty days’ written notice before the next rental due date. Week-to-week tenancies require seven days’ notice. A fixed-term lease simply expires at the end of its term with no notice required, unless the lease says otherwise. A tenant who stays past expiration without consent is a holdover; if the holdover is willful and not in good faith, the landlord can recover up to three months’ rent or triple the actual damages, whichever is greater, plus attorney’s fees.8Nebraska Legislature. Nebraska Revised Statutes 76-1437 – Periodic Tenancy; Holdover Remedies
Eviction
Every Nebraska eviction has to go through court. Self-help eviction is illegal. A landlord who changes the locks, shuts off utilities, removes doors or windows, or hauls out a tenant’s belongings without a court order is liable for three months’ rent as liquidated damages plus the tenant’s attorney’s fees.3Nebraska Legislature. Uniform Residential Landlord and Tenant Act Sections 76-1401 to 76-1449
The required notice depends on the reason:
- Nonpayment of rent: seven days’ written notice stating the lease will terminate if rent isn’t paid within that period. Payment in full within seven days stops the eviction.9Nebraska Legislature. Nebraska Code 76-1431 – Noncompliance; Failure to Pay Rent
- Lease violations affecting health, safety, or material terms: written notice specifying the breach with fourteen days to cure. If the tenant doesn’t cure, the lease terminates thirty days after the notice was received.
- Violent criminal activity or drug sales on the premises: five days’ written notice with no right to cure. This covers physical assault, threats, illegal firearm use, and controlled substance possession or sales.
If the tenant doesn’t comply or vacate, the landlord files a forcible entry and detainer action. The tenant is served with a summons and can contest the eviction in court. The landlord cannot skip this step no matter how clear the violation looks.
Lease Terms That Won’t Hold Up
Section 76-1415 voids several categories of lease provisions outright. A clause is unenforceable if it waives tenant rights or remedies under NURLTA, authorizes a confession of judgment against the tenant, pre-assigns attorney’s fees as a blanket lease term, or releases the landlord from liability for the landlord’s own negligence (or shifts those costs to the tenant). If a landlord knowingly includes a prohibited clause, the tenant can recover actual damages and reasonable attorney’s fees.10Nebraska Legislature. Nebraska Revised Statutes 76-1415 – Prohibited Provisions in Rental Agreements
A workable lease should still state the parties, the property address, the term, the rent amount and due date, any late fees (Nebraska doesn’t cap them, but they must be reasonable and in writing), the security deposit amount, and rules on pets, use, and alterations.
Discrimination and Retaliation
The Nebraska Fair Housing Act prohibits discrimination in advertising, showing, renting, or setting terms for a dwelling based on race, color, religion, national origin, disability, familial status, or sex. Restrictive covenants limiting transfers or leases based on ancestry are also banned. Enforcement runs through the Nebraska Equal Opportunity Commission independently of federal fair housing law.11Nebraska Equal Opportunity Commission. Nebraska Fair Housing Act
Retaliation is separately prohibited by §76-1439. A landlord cannot raise rent, cut services, or threaten eviction because the tenant reported a housing code violation to a government agency or joined a tenants’ organization. Retaliation is a defense in any eviction that follows.12Nebraska Legislature. Nebraska Code 76-1439 – Retaliatory Conduct Prohibited
Property Left Behind After Move-Out
Nebraska’s Disposition of Personal Property Landlord and Tenant Act controls what happens to belongings a tenant leaves behind. The landlord cannot just discard them. Written notice must go to the former tenant (and anyone else the landlord reasonably believes owns the property) describing the items, stating where they can be claimed, giving a pickup deadline, and noting that the landlord may charge reasonable storage costs.13Nebraska Legislature. Nebraska Revised Statutes 69-2303 – Personal Property Remaining on Premises; Landlord; Duties
The deadline in the notice must be at least seven days after personal delivery or fourteen days after mailing. If the property isn’t claimed by then, the landlord can dispose of it. The notice itself has to be sent within six months of the lease expiration or the discovery of the abandonment, whichever is later.14Nebraska Legislature. Nebraska Revised Statutes 69-2305 – Notice; Form
Where to Take a Dispute
Most money disputes between landlords and tenants can be handled in small claims court, which hears cases up to $7,500. That range covers most deposit disputes, damage claims, and unpaid rent. Small claims is faster and cheaper than regular litigation, and neither side generally needs an attorney.15Nebraska Judicial Branch. Filing a Small Claims Case in Nebraska
Whichever side you’re on, keep records. Dated photographs of the unit at move-in and move-out, written notices, receipts, and copies of every message with the other party are what decide these cases when they get to court.