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	Â§Â§76-1401 to 76-1449 Security Deposits: Â§76-1416 Habitability: Â§76-1419 et seq. Discrimination: Â§20-318 Notice: Â§76-1423; 76-1414; 76-1437 Eviction: Â§76-1431 Retaliation: Â§76-1439
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 Â§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

Nebraska Lease and Rental Agreement Laws
Nebraska Landlord and Tenant Handbook
Tenant Lease Agreement FAQs
Tenants' Rights Basics
U.S. Dept. of Housing and Urban Development in Nebraska
Nebraska Fair Housing

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