Nebraska Landlord Tenant Rights

Renting a home can be stressful, whether you are the lessor or the lessee. Take the stress out of rentals with our below guide on Nebraska landlord tenant rights.

Landlord Responsibilities

The landlord has certain responsibilities to the tenant. These include:

  • Providing a habitable dwelling
  • Making requested repairs within 14 days
  • Providing water, air conditioning, heat and plumbing
  • Providing electricity
  • Providing garbage removal

Landlords are prohibited from increasing rent or evicting a tenant in retaliation for exercising their right to a habitable dwelling under Nebraska law.

Tenant Responsibilities

The tenant also has responsibilities to the landlord. These include:

  • Keeping the unit safe and habitable
  • Making minor repairs and general maintenance
  • Keeping plumbing fixtures clean
  • Not disturbing other tenants or neighbors
  • Removing garbage and maintaining proper sanitation
  • Proper use of all facilities and appliances
  • Compliance with all building and housing codes impacting health and safety

Not negligently or deliberately destroying or damaging the premises

Security Deposit

Nebraska law limits security deposits to the equivalent of 1 months’ rent.

The security deposit must be returned within 14 days after lease termination. Landlords may be liable to pay up to twice the security deposit if wrongfully withheld. However, the security deposit can be withheld for the following reasons:

  • Unpaid rent
  • Damage caused by the tenant beyond normal wear and tear

Landlords must provide the tenant an itemized list of damages deducted from the security deposit.

Rent and Fees

Nebraska landlords can increase the rent for any amount without providing the tenant a justification. In addition, landlords are not required to provide tenants with advanced notice before increasing rent.

Landlords can charge any fees they want if included in the lease agreement. There is a $10 limit on fees for returned checks.

If a tenant makes a written request for repairs and the landlord does not make those repairs in a timely fashion a tenant may withhold rent, file a lawsuit or report the issue to a public official.

Evictions

Evictions can occur in Nebraska under the following circumstances:

  • Nonpayment of rent – 7-day Notice to Pay
  • Lease violation
  • No lease or end of lease
    • Week-to-week – 7-day notice
    • Month-to-Month – 30-day notice
  • Illegal Acts – 3-day Notice to Quit

A landlord cannot evict a tenant in retaliation or based on discriminatory reasons.

Tenants can end a lease early for the following listed reasons:

  • Early termination clause
  • Active military duty
  • Landlord harassment
  • Uninhabitable Unit

If a Nebraska tenant breaks the lease early, they may be required to pay the outstanding amount due on the lease agreement. However, landlords are required to make a reasonable effort to re-rent the unit.

Lease Termination Notice

If the lease is Week-to-Week, the tenant must give a 7-day termination notice. If the lease is Month-to-Month, the tenant must provide a 30-day notice. There is no specific timeframe provided for Year-to-Year leases.

Relevant State Agencies

Nebraska Housing

City-Specific Links

Omaha:

Omaha Housing Authority

Water

Electric

Gas

Lincoln:

Lincoln Housing Authority

Water

Electric

Gas

Bellevue:

Bellevue Housing Agency Serving Sarpy County

Water

Electric

Gas

Official Rules and Regulations

Nebraska Uniform Residential Landlord Tenant Act

Nebraska Judicial Branch Landlord Tenant Assistance