Nebraska Tenant Rights Laws

If you're a renter, you know there's no shortage of problems that can arise throughout the landlord-tenant relationship. Without the guidelines and protections found in Nebraska's landlord-tenant laws, dealing with these issues would be even more difficult. Read on to learn more about Nebraska's tenant rights laws and how they might apply to your situation.

Tenant Rights: From Discrimination to Eviction

Even before a tenancy begins, Nebraska law prohibits discrimination based on race, religion, familial status, and other protected characteristics. Discrimination includes refusing to rent to someone or offering alternative terms and conditions based on those protected traits. Additionally, at the start of your tenancy, state law caps the amount your landlord may charge you for the security deposit to the equivalent of one month's rent.

Your landlord must also provide and maintain the premises in a habitable condition such that it complies with the applicable minimum housing codes that materially affect health and safety. This includes performing necessary repairs and maintaining heating, air conditioning, and elevator services if those are supplied or required to be supplied by the landlord. However, you and your landlord can agree in writing that you will be responsible for certain repair and maintenance tasks instead.

These laws are meant to protect your rights and clarify your responsibilities throughout the tenancy. Therefore, it's also important to note that Nebraska law prohibits your landlord from retaliating against you by raising the rent or threatening to evict you for requesting repairs or exercising any of your other tenant rights.

Nebraska Tenant Rights Laws at a Glance

The chart below provides a summary of Nebraska state law governing the landlord-tenant relationship, including links to key statutes.

Statutes

Security Deposits

  • Limit: One month's rent
  • Landlord must return all or part of the security deposit and written itemization of deductions within 14 days after tenant makes demand for payment and provides location where payment may be made or mailed
  • Part or all may be used only for certain purposes, including:
    • Unpaid rent
    • Damages from noncompliance with rental agreement or §1421

Paying Rent

  • May not raise rent during lease term (e.g. 1 year lease) unless lease allows; may raise rent upon lease renewal

Living Conditions

  • With one day's notice, landlord may enter unit for certain reasons including:
    • Inspection
    • To make necessary or agreed repairs
    • Supply necessary or agreed services
    • Exhibit unit to prospective purchasers or tenants
    • Emergency (no notice or consent required)
  • Landlord must maintain premises in fit and habitable condition: comply with applicable housing codes; make necessary repairs; maintain electrical, heating, air conditioning, plumbing, etc. (exceptions apply)
  • Landlord and tenant may agree to other repair and maintenance terms under certain conditions

Discrimination

  • No discrimination based on race, color, religion, national origin, familial status, or sex

Ending or Renewing a Tenancy

  • Notice required to terminate the tenancy:
    • Fixed-term lease: no notice required
    • Monthly tenancy: 30 days
    • Week-to-week tenancy: seven days
    • Lease: according to lease terms
    • Eviction: three days for nonpayment of rent; 30 days for tenant to remedy other lease violation within 14 days
  • Eviction: court order required

Retaliation

  • Landlord may not retaliate against tenant for exercising tenant rights

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Nebraska Tenant Rights Laws: Related Resources

Receive a Free Review of Your Tenant Issues

No one looks forward to dealing with landlord-tenant conflicts. Between the myriad of applicable law and the time-consuming nature of the issue, it can be a daunting task. Receive a free case review to better understand your rights and responsibilities under Nebraska tenant rights laws and how best to move forward.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.