Nebraska Landlord Tenant Laws
January 31, 2023
We’d love to connect with you.
|Required Disclosures |
Rent and Fees
Application Fees: Permitted
Rent Control: Banned
Late Fee Limit: N/A
Grace Period Minimum: 7 days
Amount Limit: 1 month’s rent
Return Within: 14 days
Notice: 24 hours’
Permitted Times of Entry: Reasonable
|Fair Housing Protections |
Rent Demand Notice: 7-day notice to pay-or-quit
Notice for Lease Violation: 14-day notice to cure-or-quit; 30-day notice-to-quit
Unconditional Notice to Quit: 5-day notice to quit
Nebraska Landlord-Tenant Law
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlords must disclose to the tenant in writing the name and address of the person authorized to manage the premises, as well as the owner or person responsible for receiving notices.
Rent and Fees
- Rent Due Date: Unless otherwise specified in the lease agreement, rent is due at the dwelling unit at the beginning of each month (Neb. Stat. § 76-1414(3)).
- Application Fees: Rental application fees are not regulated in Nebraska.
- Rent Increases: There is no statewide rent control in Nebraska.
- Late Fee Limit: There is no statutory limit on late fees in Nebraska.
- Grace Period: There is no mandatory grace period in Nebraska.
- NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $10 (Neb. Stat. § 28-611(7)).
- Withholding Rent/Repair and Deduct: If a landlord in Nebraska fails to supply essential services, the tenant may give written notice of the breach and either recover damages, find reasonable substitute housing, or procure reasonable amounts of the service and deduct the cost from rent (Neb. Stat. § 76-1427(1)).
- Deposit Limit: 1 month’s rent. Pet deposits may not exceed ¼ of monthly rent (Neb. Stat. § 76-1416(1)).
- Interest: Landlords in Nebraska are not required to pay interest on security deposits.
- Return Within: 14 days (Neb. Stat. § 76-1416(2)).
- Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
- Withholding: Landlords may withhold funds from the security deposit for damages suffered by the landlord due to the tenant’s noncompliance with the rental agreement or the law. Landlords must deliver or mail a written itemization of these deductions within 14 days (Neb. Stat. § 76-1416(2)).
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Nebraska state law reaffirms these protections (Neb. Stat. § 20-318).
- Nebraska landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
- Criminal background checks may be used during tenant screening in Nebraska. However, the state cautions that not every instance of criminal activity is an offense that renders someone ineligible for housing (Nebraska.gov).
- Nebraska landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
- Advanced Notice: 24 hours’ (Neb. Stat. § 76-1423(3)(a)).
- Permitted Times: Landlords in Nebraska may only enter at reasonable times (Neb. Stat. § 76-1423(3)(b)). Landlords may enter the property for inspections, repairs, decorations, alterations, improvements, services, or showings (Neb. Stat. § 76-1423(1)).
- Emergency Entry: In case of an emergency, the landlord may enter the property without prior notice or consent (Neb. Stat. § 76-1423(2)).
- Rent Demand Notice: 7 days to pay or quit (Neb. Stat. § 76-1431(2)).
- Notice for Lease Violation: 14 days to cure or quit, 30 days to quit. This notice applies when the tenant commits a lease agreement violation. After delivering the 30-day cure-or-quit notice, the landlord must give the tenant the first 14 days to cure the breach, after which the landlord will terminate after the remainder of the 30 days (Neb. Stat. § 76-1431(1)).
- Notice for Repeat Violation: 14 days to quit. If a tenant commits substantially the same noncompliance more than once within six months, the landlord may terminate the rental agreement after 14 days’ notice with no opportunity to cure the breach (Neb. Stat. § 76-1431(1)).
- Unconditional Notice to Quit: 5 days to quit. According to Nebraska eviction laws, this notice applies when the tenant engages in violent criminal activity on the premises, sells a controlled substance illegally, or commits another act that threatens the health or safety of another person on the premises (Neb. Stat. § 76-1431(4)).
Other Laws and Facts About Nebraska
- The median rent rate in Nebraska is $1,186.
- The median rent rate in Omaha is $1,350.
- According to Nebraska renting laws, if a tenant refuses to allow the landlord lawful entry, the landlord may terminate the rental agreement and recover actual damages and reasonable attorney’s fees. The tenant may do the same if the landlord makes an unlawful or unreasonable entry (Neb. Stat. § 76-1438).