Nebraska Property Management Laws

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.

Property Management Laws Overview in Nebraska

Code	Description
76-1416	Security Deposit Laws
76-1441	Lease and Termination Laws
76-1467	Rent and Late Fee Laws
76-1417	Disclosure Laws
76-1418	Landlord Responsibility Laws
76-1419	Property Maintenance and Repair Laws

Rental Application Laws

What application fees are allowed?

In Nebraska, landlords are permitted to collect application fees. The state’s Landlord Tenant Act doesn’t limit the amount that can be collected for each application, and a landlord isn’t required to refund any portion of the fee if the prospective tenant’s application is denied.

What rules must a landlord follow regarding credit checks?

Nebraska has no law prohibiting landlords from conducting credit checks on prospective tenants; however, landlords do need to comply with the Fair Credit Reporting Act, a federal law designed to protect consumers. 

Once a landlord obtains a credit report, the report can only be used to make a decision regarding housing. It can’t be used for other purposes. If a landlord uses information in the credit report to take adverse action against an applicant or renter, the individual must be given a notice of adverse action. The required notice may be delivered orally or in writing.

Examples of adverse actions include denying a rental application, requiring a co-signer, increasing the rent, increasing the amount of the security deposit or requiring a deposit that wouldn’t be required of another renter.

Are landlords allowed to run background checks on applicants?

In Nebraska, landlords are permitted to conduct background checks on applicants, but they can only do so after obtaining signed consent.

Does Nebraska have a law prohibiting discrimination against rental applicants?

Landlords must comply with the Nebraska Fair Housing Act, which prohibits housing discrimination based on race, color religion, sex, national origin or familial status. The term “familial status” refers to the composition of a family, such as a married couple or a single mother with two children under the age of 18.

Security Deposit Laws

Are additional move-in fees allowed?

Yes. Nebraska’s Uniform Residential Landlord Tenant Act (76-1416) states that a landlord is permitted to collect a pet deposit totaling no more than 25% of one month’s rent. If the monthly rent is $1,000, for example, the landlord could charge no more than $250 as a pet deposit.

Is there a limit on the security deposit amount that can be charged?

In Nebraska, a landlord can charge no more than one month’s rent as a security deposit, as outlined in the Uniform Residential Landlord Tenant Act (76-1416). 

Does the landlord have to hold the security deposit in a specific way during occupancy?

No. Unlike some states, Nebraska has no laws requiring landlords to hold security deposits in escrow accounts or separate bank accounts.

How long does the landlord have to return the security deposit after move out?

According to Nebraska’s Uniform Landlord Tenant Act (76-1416), a landlord must deliver the balance of the security deposit to the tenant within 14 days after the tenancy is terminated. The landlord must also provide an itemized list of deductions, if any. If the landlord is unable to deliver the security deposit in person and doesn’t have the tenant’s mailing address, the balance of the security deposit must be sent to the tenant’s last-known mailing address. If the mailing is returned to sender, the landlord must send the balance of the security deposit to the State Treasurer within no more than 60 days.

What are the reasons why a landlord can withhold part or all of the security deposit?

A landlord can withhold part or all of the security deposit to cover rent that the tenant owed but did not pay, or to cover damages caused by the tenant (76-1416). Landlords can’t withhold any part of a security deposit to cover normal wear and tear on a rental property.

What is the penalty if the landlord doesn’t return the security deposit?

If a landlord doesn’t return the security deposit, the tenant has the right to sue for the amount due, court costs and a reasonable amount of attorney fees. According to the Uniform Landlord Tenant Act (76-1416), the tenant may also be able to recover the lesser amount of one month’s rent or double the amount of the security deposit if the landlord’s failure to return the balance of the deposit is “willful” and done in bad faith.

Laws About Leases and Lease Termination

What types of lease terms are allowed?

In Nebraska, a rental lease may contain any term that is not specifically prohibited by the Uniform Landlord Tenant Act (76-1414). According to the Act (76-1415), a lease can’t contain terms requiring a tenant to do any of the following:

• Give up any rights or remedies available under the Uniform Landlord Tenant Act
• Agree to pay a landlord’s legal fees
• Agree to be responsible for the tenant’s legal fees
• Waive the landlord’s liability in any issue arising from negligence on the part of the landlord
• Accept liability for damages

What happens if the tenant violates the lease?

The Uniform Landlord Tenant Act contains several provisions regarding what a landlord can do when a tenant violates a lease (76-1431). If the tenant doesn’t pay rent on the due date, the landlord should provide a written notice of nonpayment. The notice should contain a statement informing the tenant that the landlord intends to terminate the lease agreement if the late rent is not paid within seven calendar days. If the tenant doesn’t pay the overdue rent within seven days, the landlord has a right to terminate the lease.

If a tenant damages the premises or fails to comply with any other term of the lease, the landlord must give the tenant a written list of acts or omissions that qualify as breaches. The notice must explain that the lease will be terminated no less than 30 days after the tenant receives it, unless each breach is remedied within 14 days. If the tenant remedies the breaches in the time allotted, the lease will not terminate.

If a tenant commits the same breach within a six-month period, the landlord has the right to terminate the lease, provided the tenant is given 14 days’ written notice identifying the breach and providing a date on which the lease will be terminated.

How much notice is required for a month-to-month lease termination?

To terminate a month-to-month lease, a landlord must notify the tenant at least 30 days before the next rent payment is due (76-1437). 

When can a tenant terminate a term lease without penalty?

A tenant can terminate a lease without penalty if the landlord “willfully” disconnects the electricity, running water, gas or heat. The tenant should give the landlord a written notice that documents the problem and explains that the lease has been terminated (76-1427).

How much notice do service members have to supply before terminating the lease?

According to Nebraska Revised Statute 55, if a service member is required to move into housing that is owned or leased by the government for a period of at least 90 days, a residential lease can be terminated at any time after the service member receives his or her orders (55-702).

Are there special lease termination rules for victims of domestic violence?

No. Nebraska Senator Kate Bolz introduced LB992, a bill that would give victims of domestic violence the right to terminate a rental agreement without penalty, in 2018. Although a hearing took place in February of the same year, further action on the bill was postponed indefinitely.

How and when can a landlord evict a tenant?

In Nebraska, a landlord can evict a tenant for nonpayment of rent, a violation of the lease terms or staying on the premises beyond the term of the original rental agreement (76-1431).

To evict a tenant for nonpayment of rent, the landlord must issue a seven-day notice to quit. The notice informs the tenant that the rent is overdue and must be paid in full within seven days. If the tenant pays the full amount due within seven days, including any late fees, the landlord can’t terminate the lease. If the tenant offers to make a partial payment, the landlord isn’t required to accept it.

If a landlord wants to evict a tenant for any reason other than nonpayment of rent, a 30-day notice to quit is required. The notice must give the tenant 14 days to address the violation or 30 days to move out.

How much notice does a landlord have to give before making changes to the property that result in the termination of tenancy?

Nebraska doesn’t have any laws addressing this issue, but city, county, state or federal laws may apply.

Laws About Rent and Late Fees

When can a landlord increase rent?

It depends on whether there’s a term lease or a month-to-month lease in place. With a month-to-month lease, the landlord must give the tenant written notice at least 30 days before the next rent payment is due. A landlord isn’t permitted to raise the rent at any time during a term lease; however, the rent can be raised once the lease ends. In this case, the tenant must be notified in writing that the landlord intends to raise the rent in the first month after the initial lease term.

Is there a maximum amount of rent that a landlord can charge tenants?

Nebraska doesn’t limit the amount of rent that a landlord can charge a tenant.

Is there a state-mandated grace period that landlords must give tenants before charging a late fee?

Nebraska doesn’t have a state-mandated grace period. If a tenant’s rent isn’t paid on the due date specified in the lease, the landlord has the right to charge a late fee.

Is there a limit on how much of a late fee the landlord can charge tenants?

Nebraska has no law limiting the amount a landlord can charge a tenant for failure to pay rent on time; however, the landlord can only charge the amount specified in the lease.

Legally Required Disclosures

What types of disclosures are landlords required to supply regarding ownership of the property?

Under the Uniform Landlord Tenant Act, a landlord must disclose the name and address of any individual authorized to manage the premises. Landlords and property managers must also disclose the name of the owner or a person who’s authorized to act on the owner’s behalf (76-1417).

Can the owner designate an agent to serve and receive disclosures?

Yes. An individual authorized to act on the owner’s behalf is permitted to make the required disclosures to tenants. The authorized individual can also receive notices on behalf of the owner (76-1417).

What disclosures related to mold are landlords required to supply?

In Nebraska, no state law requires landlords to make any disclosures related to mold; however, local, county or federal laws may apply.

What disclosures related to lead paint are landlords required to supply?

Nebraska doesn’t have a law requiring landlords to make disclosures related to lead paint, but landlords have to follow federal guidelines regarding this type of disclosure. Under the Lead-Paint Disclosure Rule, any landlord who rents out a pre-1978 dwelling must disclose the presence of lead-based paint to the tenant, if the landlord is aware that lead-based paint is present. The landlord must also give the tenant an approved pamphlet on the prevention of lead poisoning.

Laws Regarding Landlord Responsibilities

How much notice does the landlord have to supply before entry?

Under the Uniform Landlord Tenant Act, a landlord must give a tenant one day’s notice before entering the premises (76-1423).

When can the tenant refuse to allow the landlord entry?

Unless it’s an emergency, a tenant has the right to refuse entry if a landlord attempts to enter the premises during unreasonable hours (76-1423).

What steps must the landlord take to keep the property habitable?

Nebraska landlords are responsible for maintaining “fit premises” (76-1419). At minimum, the landlord must comply with all housing codes related to health and safety. A landlord who receives notice that a property is out of compliance with the housing code must make repairs or do whatever is necessary to remedy the problem.

Landlords are required to keep common areas clean and in good condition (76-1419). All electrical, sanitary, heating, plumbing and air conditioning equipment must be maintained properly. The landlord must also provide running water and waste receptacles. Landlords of single-family properties are permitted to agree that the tenant will perform some of these duties; however, the agreement must be made in good faith and documented in writing. 

What amenities must the landlord supply and maintain?

Landlords must supply running water and receptacles for the disposal of waste and ashes (76-1419).

What utilities must the landlord supply and maintain?

In Nebraska, a landlord is not required to pay for utilities such as electricity and gas; however, the landlord must keep all utility equipment on the premises in good condition (76-1419).

Does the landlord have to supply a certificate of inspection?

Nebraska has no state law requiring a landlord to supply a certificate of inspection, but local, city or county laws may apply.

Is the landlord required to supply locks and keys?

Nebraska has no state law requiring a landlord to supply locks and keys, but local, city or county laws may apply.

Are retaliatory actions prohibited?

Yes. Under the Uniform Landlord Tenant Act, a landlord is not permitted to retaliate against a tenant for becoming a member of a tenants’ union or making a report to a government agency charged with enforcing housing or building codes (76-1439). Landlords are specifically prohibited from increasing rent, cutting off services, evicting the tenant or threatening to evict the tenant as a form of retaliation.

Property Maintenance and Repair Laws

What type of maintenance is the landlord responsible for?

A landlord is responsible for any maintenance necessary to keep common areas safe, keep required equipment in good working order and comply with all minimum housing codes (76-1419).

How long does the landlord have to make repairs?

The Uniform Landlord Tenant Act doesn’t specify how long a landlord has to make necessary repairs. If a landlord receives a notice from a local housing agency or department of health, however, the notice may list a time limit for making the required repairs. City, local or county laws may also apply.

What type of maintenance is the tenant responsible for?

Tenants are required to keep their premises clean and in good condition. They’re also responsible for keeping plumbing fixtures in good condition, removing rubbish from the premises and using all electrical, heating, plumbing, sanitary and air conditioning equipment in a reasonable manner (76-1421). A lease may contain additional provisions regarding the tenant’s maintenance obligations.

Is the landlord responsible to fix damage caused by tenants?

Landlords are not responsible for fixing damage caused by tenants. If a tenant doesn’t fix the damage before moving out, the landlord can deduct from the security deposit to make needed repairs.

Under what circumstances can a tenant make a repair and deduct the cost from the rent paid to the landlord?

In Nebraska, a tenant can only withhold rent for a landlord’s failure to provide essential services, such as heat and water. If a landlord fails to provide an essential service, the tenant has the right to procure the service elsewhere and deduct the actual costs of doing so from the rent (76-1427). If a landlord fails to make repairs, the tenant can’t withhold rent. Instead, the tenant must notify the landlord that repairs are needed and the lease will terminate within no less than 30 days from receipt of the notice (76-1425).

When is a landlord required to pay for relocation assistance?

State law doesn’t require landlords to pay for relocation assistance, but local, city or county rules may apply.

Who is Exempt?

The Nebraska Uniform Landlord Tenant Act has several exclusions. Hospitals, nursing homes and other residential institutions aren’t bound by the provisions of the act (76-1408). Fraternal and social organizations that provide housing to members, such as college fraternities, are excluded. The Uniform Landlord Tenant Act also doesn’t apply to hotels that provide transient housing, condominiums or housing cooperatives.

Additional Rental Law Resources for the State of Nebraska

These additional resources can help landlords, tenants and property managers better understand Nebraska’s Uniform Landlord Tenant Act and answer any questions about the provisions of the act.

Name	Phone	Description
Nebraska Tenants’ Rights Handbook	N/A	A guide to help tenants understand their rights under Nebraska’s Uniform Landlord Tenant Act.
Fair Housing Center of Nebraska	(402) 934-7921	Offers a variety of resources to help tenants understand their rights.
U.S. Department of Housing and Urban Development	(202) 708-1112	Provides assistance to renters living in federal housing developments.
Housing.NE.gov	(877) 428-8844	Links to resources on tenant rights and obligations, along with rental listings posted by landlords in Nebraska.
Legal Aid of Nebraska	(877) 250-2016	Provides referrals to low-income individuals in need of legal assistance.

Note: This guide is intended to be used as an educational resource. The contents within do not constitute legal advice. To obtain information regarding property management laws in your state, consult a local attorney. This guide is based only on property management laws at the state level. Local county and city laws may exist that are not discussed in this guide. Consult a local attorney to obtain information that pertains to your specific location and situation.