Nebraska
Nebraska Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Nebraska landlords may collect a security deposit of up to one month's rent (plus a quarter-month for pets), and must return it within 14 days after move-out. Landlords must give 24 hours' notice before entering a rental unit.
Nebraska's landlord-tenant relationship is governed primarily by the Nebraska Residential Landlord and Tenant Act, Neb. Rev. Stat. sections 76-1401 through 76-1449. The Act closely tracks the Uniform Residential Landlord and Tenant Act (URLTA) and applies to most residential rental agreements in the state. Understanding the key provisions helps both landlords and tenants avoid disputes and know their rights before a problem arises.
Security deposits in Nebraska
Nebraska law caps the security deposit at one month's rent. If a tenant keeps a pet, the landlord may collect an additional deposit of up to one-quarter of a month's rent. No other add-on deposits are authorized beyond those two amounts.
After the tenancy ends and the tenant surrenders possession, the landlord has 14 days to return the deposit. Within that same window the landlord must provide an itemized written statement of any deductions for unpaid rent, damage beyond normal wear and tear, or other authorized charges. If the landlord fails to return the deposit or provide the statement on time, the tenant may be entitled to recover the full deposit plus damages under Neb. Rev. Stat. 76-1416.
Permitted deductions include unpaid rent, cleaning costs if the unit was returned in an unreasonably dirty condition, and repair of damage that goes beyond ordinary wear and tear. Normal aging of paint, carpet wear from ordinary use, and small nail holes typically do not qualify as deductible damage.
| Rule | Nebraska requirement |
|---|---|
| Maximum deposit | 1 month's rent (plus quarter-month for pets) |
| Return deadline | 14 days |
| Interest on deposit | not required |
When can a landlord enter? Notice rules
Nebraska requires a landlord to give at least 24 hours' written notice before entering a rental unit. Entry must occur at a reasonable time unless the tenant specifically consents to something different. The notice requirement applies to inspections, repairs, showing the unit to prospective tenants or buyers, and any other non-emergency access.
The 24-hour rule is waived in genuine emergencies. If there is a burst pipe, fire, or other immediate threat to property or safety, a landlord may enter without advance notice. The key is that the emergency must be real and immediate. Routine maintenance does not qualify as an emergency simply because it is overdue.
After an unauthorized entry, the tenant has remedies under the Act. Under Neb. Rev. Stat. 76-1438(2), a single incident is enough: if the landlord makes an unlawful entry, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the conduct from recurring or may terminate the rental agreement. The tenant does not have to send a prior written warning first. In either case the tenant may recover actual damages of not less than an amount equal to one month's rent, plus reasonable attorney's fees.
Ending a lease: notice to vacate
For a month-to-month tenancy in Nebraska, either the landlord or the tenant must give at least 30 days' notice before the intended termination date. The notice must be in writing and delivered in a manner consistent with the lease and the statute.
Fixed-term leases (such as a one-year lease) expire at the stated end date without additional notice unless the parties have agreed otherwise. If the tenant remains in the unit after the lease expires without a new agreement, the tenancy typically converts to month-to-month.
For non-payment of rent, Neb. Rev. Stat. 76-1431(2) requires the landlord to deliver written notice of the nonpayment and of the intent to terminate the rental agreement. The tenant then has seven calendar days after receiving that notice to pay before the landlord may terminate. There is no three-day pay-or-vacate notice in the Nebraska Residential Landlord and Tenant Act. For a material lease violation, Neb. Rev. Stat. 76-1431(1) requires written notice specifying the acts and omissions that constitute the breach and stating that the rental agreement terminates on a date not less than thirty days after receipt if the breach is not remedied within fourteen days. That is a 30-day termination notice with a 14-day window to cure, not a 14-day notice to move out. If you are facing an eviction notice in Nebraska, see the Nebraska eviction notice page for the specific notice requirements and tenant defenses. For issues related to unauthorized occupants, the Nebraska squatters rights page covers adverse possession and trespass rules.
Repairs and the warranty of habitability
Nebraska imposes an implied warranty of habitability under Neb. Rev. Stat. 76-1419. Landlords must maintain the premises in a fit and habitable condition throughout the tenancy. This duty covers maintaining structural safety, working plumbing and heating, weatherproofing, and functioning electrical systems. It also requires compliance with applicable housing codes that materially affect health and safety.
Nebraska does not give tenants a general repair-and-deduct right for ordinary repairs. When a landlord fails to make a required repair, the tenant's main remedy is the notice procedure in Neb. Rev. Stat. 76-1425: the tenant delivers written notice specifying the acts and omissions that constitute the breach and stating that the rental agreement will terminate on a date not less than thirty days after receipt if the breach is not remedied within fourteen days. If the landlord adequately fixes the problem before the date stated in the notice, the lease does not terminate. If substantially the same problem recurs within six months, the tenant may terminate on at least fourteen days' written notice. The same section separately lets the tenant recover damages and obtain injunctive relief, plus reasonable attorney's fees if the landlord's noncompliance was willful.
A narrower deduction right applies to essential services. Under Neb. Rev. Stat. 76-1427, if the landlord deliberately or negligently fails to supply running water, hot water, heat, or other essential services, the tenant may give written notice and then procure reasonable amounts of those services and deduct their actual and reasonable cost from the rent. That section sets no dollar ceiling and no once-a-year limit. Instead of deducting, the tenant may recover damages based on the diminution in the fair rental value of the unit, or procure reasonable substitute housing for the period of noncompliance and be excused from paying rent for that period. Where the failure was deliberate, the tenant may also recover the cost of that substitute housing up to an amount equal to one periodic rent payment, plus reasonable attorney's fees.
For serious habitability failures that the landlord does not fix, terminating the lease through the 76-1425 notice procedure, and suing for damages, are the paths Nebraska law actually provides.
Rent, late fees, and rent control
Nebraska has no statewide rent control law, and Nebraska cities and counties do not operate active rent-stabilization programs. Landlords may increase rent for month-to-month tenants by giving at least 30 days' written notice before the effective date of the increase. For a fixed-term lease, the rent amount is locked in until the lease expires.
Nebraska does not set a statutory maximum for late fees. However, a late-fee provision must be written into the lease to be enforceable. Courts may review excessive late fees under general contract principles. A grace period before a late fee attaches is not required by statute, but any grace period specified in the lease is enforceable as written.
Neb. Rev. Stat. 13-331 strips local governments of the power to enact or enforce any ordinance that would have the effect of imposing rent controls on private property, notwithstanding any home rule charter, and makes an offending ordinance null and void. The statute carves out two narrow exceptions: ordinances adopted to increase the supply of affordable housing through land-use or inclusionary housing requirements, and programs a property owner voluntarily and contractually agrees to join that restrict rent. Outside those exceptions, a tenant cannot rely on a city ordinance to limit rent increases beyond whatever the lease itself provides. The best protection against unexpected rent hikes is a fixed-term lease with clearly stated renewal terms.
If you have a landlord-tenant dispute in Nebraska
Most landlord-tenant disputes in Nebraska can be resolved without litigation if both parties act promptly and document everything in writing. Start by sending a written notice to the other party describing the problem and the remedy you are requesting. Keep copies of all communications, lease documents, move-in and move-out photos, and receipts for any repair costs.
For security deposit disputes involving amounts within the small claims limit, small claims court is often the fastest and least expensive path. Neb. Rev. Stat. 25-2802 sets that jurisdictional amount at $7,500 for claims beginning July 1, 2025 (it was $6,000 from July 1, 2024 through June 30, 2025). The tenant files a claim in the county where the rental property is located, and the hearing is usually set within weeks. No attorney is required.
Nebraska does not have a single statewide tenant-protection agency, but several resources exist. The Nebraska Attorney General's consumer protection division handles complaints about landlord fraud or deceptive practices. Legal aid organizations serving low-income tenants operate in Omaha (Legal Aid of Nebraska), Lincoln, and other regions. The Nebraska Equal Opportunity Commission handles fair-housing complaints involving discrimination.
If the dispute involves habitability, retaliation, or a complex lease interpretation, consulting a licensed Nebraska attorney before taking action protects your rights and avoids procedural errors.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages: Landlord-Tenant Laws by State (hub) | Nebraska Eviction Notice | Nebraska Squatters Rights
More Nebraska Landlord & Property Laws
More Nebraska Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in Nebraska?
A Nebraska landlord must return the security deposit and provide an itemized statement of any deductions within 14 days after the tenancy ends and the tenant surrenders possession. Missing this deadline can expose the landlord to liability for the full deposit plus damages under Neb. Rev. Stat. 76-1416.
What is the maximum security deposit in Nebraska?
Nebraska caps the security deposit at one month's rent. Landlords may also collect an additional pet deposit of up to one-quarter of a month's rent if the tenant has a pet. No other add-on deposits are authorized by the Nebraska Residential Landlord and Tenant Act.
How much notice must a landlord give to enter in Nebraska?
Nebraska requires at least 24 hours' advance written notice before a landlord may enter a rental unit for inspections, repairs, or showings. Entry must occur at a reasonable time. The notice requirement does not apply in genuine emergencies such as a fire or burst pipe.
How much notice is needed to end a month-to-month lease in Nebraska?
Either the landlord or the tenant must give at least 30 days' written notice to terminate a month-to-month tenancy in Nebraska. The notice should state the intended termination date and be delivered in accordance with the lease terms.
How many days does a Nebraska tenant get to pay overdue rent?
Seven calendar days. Under Neb. Rev. Stat. 76-1431(2), the landlord must deliver written notice of the nonpayment and of the intent to terminate, and the tenant has seven calendar days after receiving it to pay before the landlord may terminate the rental agreement. Nebraska has no three-day pay-or-vacate notice. For a material lease violation other than nonpayment, section 76-1431(1) requires a notice setting termination for a date not less than 30 days out, with 14 days to cure the breach.
Can I withhold rent for repairs in Nebraska?
Nebraska has no general repair-and-deduct statute, so there is no fixed dollar cap you can spend and subtract from rent for ordinary repairs. Under Neb. Rev. Stat. 76-1425 you give the landlord written notice of the breach stating that the lease terminates on a date not less than 30 days out if it is not remedied within 14 days, and you may also sue for damages and injunctive relief. A narrower right applies to essential services: under Neb. Rev. Stat. 76-1427, if the landlord deliberately or negligently fails to supply heat, running water, hot water, or other essential services, you may procure them after written notice and deduct their actual and reasonable cost from rent, or recover damages for the reduced rental value, or move to substitute housing and stop paying rent for that period.
Can a landlord raise rent in Nebraska?
Yes. Nebraska has no rent control law, and Neb. Rev. Stat. 13-331 voids local rent-control ordinances except for affordable-housing land-use or inclusionary requirements and voluntary programs an owner agrees to join. For month-to-month tenants, a landlord must give at least 30 days' written notice before a rent increase takes effect. During a fixed-term lease, the rent cannot be raised until the lease expires unless the lease itself allows it.
What counts as normal wear and tear in Nebraska?
Normal wear and tear refers to the gradual deterioration that occurs through ordinary use: faded paint, minor scuffs on walls, worn carpet from regular foot traffic, and small nail holes. A landlord cannot deduct these from the security deposit. Damage such as large holes in walls, broken fixtures, or stains caused by neglect goes beyond normal wear and tear and is deductible.
Updates
Corrected the eviction notice periods (seven calendar days to pay overdue rent, and a 30-day termination notice with a 14-day cure window for other lease violations), removed an incorrect $500 repair-and-deduct cap that Nebraska law does not impose, updated the small claims limit to $7,500, and expanded the entry-abuse and rent-control sections to match the current statutes.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 76: REAL PROPERTY
§ 76-1416Security deposits; prepaid rentIn forcecited in 2 of our articles
(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act. (2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hilliard v. Robertson (Nebraska Supreme Court 1997, 253 Neb. 232)“…ng the return of the security deposit. We disagree. Neb. Rev. Stat. § 76-1416 (2) (Reissue 1996) states: Upon…”
- Pepitone v. Winn (Nebraska Supreme Court 2006, 272 Neb. 443)“…her and reasonable attorney’s fees.” (Emphasis supplied.) Neb. Rev. Stat. § 76-1416 (3) (Reissue 2003). In holding the fees…”
- Lomack v. Kohl-Watts (Nebraska Court of Appeals 2004, 13 Neb. Ct. App. 14)“…request for attorney fees in an action brought pursuant to Neb. Rev. Stat. § 76-1416 (Reissue 2003) against Lomack’s landlo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Landlord-Tenant Recording Laws: Cameras, Audio, and Privacy Rights (2026)
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Sources and References
- Nebraska Residential Landlord and Tenant Act, Neb. Rev. Stat. 76-1401 et seq.(nebraskalegislature.gov).gov
- Nebraska Legislature, Chapter 76 Statutes(nebraskalegislature.gov).gov
- Neb. Rev. Stat. 76-1431 (noncompliance by tenant; seven-day nonpayment notice; 30-day termination with 14-day cure)(nebraskalegislature.gov)
- Neb. Rev. Stat. 76-1425 (noncompliance by landlord; notice procedure, damages, injunctive relief)(nebraskalegislature.gov)
- Neb. Rev. Stat. 76-1427 (failure to supply heat, water, hot water, or essential services)(nebraskalegislature.gov)
- Neb. Rev. Stat. 76-1438 (landlord and tenant remedies for abuse of access or entry)(nebraskalegislature.gov)
- Neb. Rev. Stat. 76-1423 (landlord access; 24 hours written notice)(nebraskalegislature.gov)
- Neb. Rev. Stat. 25-2802 (small claims court jurisdictional amount)(nebraskalegislature.gov)
- Neb. Rev. Stat. 13-331 (local rent-control ordinances void; affordable-housing and voluntary-program exceptions)(nebraskalegislature.gov)