Nebraska Landlord Laws

Nebraska generally has a balanced approach between landlord and tenant legal rights. While the state does not enforce rent control or strict limits on late fees, landlords still must follow the established legal requirements when it comes to leases, deposits, and evictions. With affordable housing markets and a relatively stable legal environment, Nebraska can be an appealing place to invest in rental properties.

However, landlords must understand and follow Nebraska landlord laws, which cover everything from security deposit rules to notice periods for entry and lease termination. These laws help define what landlords can and cannot enforce through lease agreements.

You can find Nebraska’s rental laws in the Nebraska Uniform Residential Landlord and Tenant Act. This article goes over the most important rules of the Nebraska Residential landlord tenant act for landlords to know when managing rental properties in the state. Keep in mind, cities like Lincoln and Omaha may add local housing regulations that go beyond state law. Always consult legal professionals when dealing with specific disputes or compliance questions.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

Nebraska Quick Facts

Rights and Responsibilities of Nebraska Landlords and Tenants

Nebraska law defines the rights and responsibilities for both landlords and tenants. For example, landlords must provide habitable housing and respect tenant privacy. Tenant responsibilities include paying rent on time and follow the lease agreement. These duties work together to ensure a fair and functional rental relationship.

The lease outlines most of the expectations in a rental arrangement. However, all lease terms must comply with Nebraska’s Uniform Residential Landlord and Tenant Act to remain enforceable. Below is a summary of the rights and responsibilities for both parties:

Nebraska landlords have the right to:

• Collect rent on time as outlined in the lease.
• Hold a security deposit, up to the legal limit of one month’s rent.
• Deduct from the deposit for unpaid rent, damage beyond normal wear and tear, or cleaning costs.
• Screen applicants using lawful methods, including credit and background checks.
• Enter the unit for repairs, inspections, or showings with at least one day’s notice.
• Enforce lease rules on pets, guests, parking, and conduct, as long as the rules follow the law.
• Begin eviction proceedings for nonpayment, lease violations, or illegal activity, but only after following legal notice and court procedures.

Nebraska landlords are responsible for:

• Keep rental units safe and habitable, with working plumbing, heating, and electricity.
• Follow all local codes pertaining to the building and tenant health.
• Make necessary repairs promptly after receiving notice from the tenant.
• Maintain common areas and keep them safe.
• Provide reasonable notice before entering the unit, which is one day in non-emergency situations.
• Return the security deposit within 14 days of move-out, along with a written list of deductions if applicable.
• Avoid discriminatory practices during screening, leasing, and management, per federal and state fair housing laws.
• Follow the legal eviction process and obtain a court order before removing a tenant.

Nebraska tenants have the right to:

• Live in housing that is safe, clean, and functional.
• Receive repairs in a reasonable timeframe after notifying the landlord.
• Expect privacy and proper notice before the landlord enters the unit.
• Take legal action if the landlord violates the lease, fails to provide habitable housing, or engages in harassment.
• Receive notice before rent increases, lease terminations, or evictions , which is 30 days for a month-to-month lease.
• Enjoy quiet peace of the property without undue disturbances.
• Withhold rent or repair and deduct in certain cases if the landlord fails to address serious health or safety issues

Nebraska tenants are required to:

• Pay rent on time and follow the terms of the lease.
• Keep the unit clean and use appliances and fixtures responsibly.
• Notify the landlord of maintenance issues quickly, especially emergencies.
• Handle small maintenance responsibilities, like changing light bulbs or smoke detector batteries.
• Avoid damaging the property and pay for any damages they or their guests cause.
• Give proper written notice when ending a lease, which is 30 days for month-to-month agreements.
• Use the property lawfully and for residential purposes only.

Nebraska Required Disclosures

Nebraska law requires landlords to provide specific disclosures to tenants before signing a lease. These disclosures inform tenants of important safety issues, ownership information, and legal responsibilities. Failing to deliver them properly may lead to disputes or legal consequences. Below are the key disclosures Nebraska landlords must include in every lease agreement.

• Lead-based paint (Title X, Section 1018). 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.
• Landlord/Agent Identification (Neb. Stat. § 76-1417). 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.

Additional Reading: Nebraska Residential Lease Agreement

Nebraska Rent and Fee Laws

Nebraska gives landlords and tenants flexibility to structure rent terms through lease agreements, but state laws still apply. These include when and where tenants must pay rent, how much landlords can charge for bounced checks, and what remedies tenants may use if landlords fail to provide essential services. The section below outlines the state rent payment rules, fee guidelines, and tenant remedies in Nebraska.

Rent Payments

• 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)).
• Rent Increases: There is no statewide rent control in Nebraska.
• Grace Period: There is no mandatory grace period in Nebraska.

Fees

• Application Fees: Rental application fees are not regulated in Nebraska.
• Late Fee Limit: There is no statutory limit on late fees 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)).

Tenant Remedies

• 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)).

Nebraska Security Deposit Laws

Nebraska law sets basic guidelines for how landlords must handle security deposits. These rules cover how much landlords can collect, when they must return the deposit, and what deductions are allowed. Understanding these standards helps both landlords and tenants avoid disputes at move-out. Below is an outline of Nebraska’s main security deposit regulations.

• 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)).

Nebraska Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Like all states, Nebraska follows federal fair housing law, which protects tenants from discriminatory practices in every stage of renting. Under the Federal Fair Housing Act (24 USC § 3601–3607), landlords cannot discriminate when:

• Advertising rental properties
• Accepting or denying rental applications
• Selecting screening criteria
• Setting lease terms or rent amounts
• Managing maintenance requests
• Enforcing lease rules
• Pursuing eviction
• Communicating with tenants
• etc.

Which classes are protected in Nebraska?

Federal law prohibits discrimination based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

Nebraska state law reaffirms these tenant protections (Neb. Stat. § 20-318).

Landlords in Nebraska must follow both federal and state fair housing laws. This means screening procedures, advertisements, and lease terms must treat all applicants fairly without bias or exclusion based on a protected class.

Use of Credit Reports

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 prospective tenants screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

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.

Additional Reading: Nebraska Background Checks & Screening Online

Nebraska Landlord Entry Laws

Nebraska law gives landlords the right to access rental units for valid reasons, but it also protects a tenant’s right to privacy. The state outlines when and how landlords can enter a property, including how much notice to give, what purposes justify entry, and what counts as reasonable timing. Below are the key rules Nebraska landlords must follow when entering a rental unit.

• 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)).

Nebraska Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Nebraska, consider hiring an experienced real estate attorney and be sure to review the Nebraska eviction process in more detail.

If you need to evict a tenant in Nebraska, you must start by delivering a formal, written eviction notice. Nebraska law covers the different types of notices depending on the reason for eviction:

• 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)).

Additional Reading: Nebraska Eviction Process and Laws [2025]

Nebraska Squatter’s Rights

In Nebraska, squatters are people who occupy a property without the owner’s permission. Landlords cannot remove squatters on their own, they must follow the legal eviction process. Nebraska law does not allow self-help methods like changing locks or shutting off utilities, even if the person occupying the property is there illegally. Attempting to remove a squatter without a court order can lead to legal consequences for the landlord.

To remove a squatter, the property owner must file a formal eviction action in court. If the court rules in the landlord’s favor, a sheriff or law enforcement officer will carry out the removal. This process protects property rights while ensuring squatters receive due process under the law.

In rare cases, a squatter may try to claim ownership of the property through adverse possession. Under Nebraska law, a squatter must occupy the property continuously, openly, and without permission for at least 10 years to make an adverse possession claim. They must also demonstrate actual possession and pay property taxes during that period.

Landlords should act quickly when discovering an unauthorized occupant and consult a real estate attorney for help navigating squatter situations legally and efficiently.

Additional Reading: Nebraska Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Nebraska

• The current average rent rate in Nebraska is $1,379 per month, according to Zillow.
• The average rent rate in Omaha is $1,595 per month, according to Zillow.
• 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).

Conclusion

Nebraska rental law provides a balance of rights and responsibilities for both landlords and tenants. While the state favors lease flexibility and offers no rent control or grace period mandates, it also upholds clear standards for habitability, notice requirements, and legal eviction procedures. Understanding these laws is important for operating rental properties effectively and avoiding disputes. Landlords should stay up-to-date on Nebraska statutes and consult legal professionals when navigating complex housing issues.

FAQs

Is Nebraska a landlord-friendly state?

Yes, Nebraska is generally considered landlord-friendly. The state does not enforce rent control, limit late fees, or require grace periods. However, landlords must still follow state statutes regarding disclosures, security deposits, entry, and habitability.

How much can a landlord charge for a security deposit in Nebraska?

Landlords may charge up to one month’s rent as a security deposit. If the tenant has a pet, an additional deposit of up to ¼ of one month’s rent is allowed.

When does a Nebraska landlord have to return the security deposit?

Landlords must return the security deposit within 14 days after the tenant moves out. If any deductions are made, they must include an itemized list.

Can tenants withhold rent for maintenance issues?

Yes. If a landlord fails to supply essential services, tenants may seek substitute housing, recover damages, or repair and deduct from rent, as long as they give written notice.

Do landlords in Nebraska need to give notice before entering a rental unit?

Yes. Landlords must provide at least 24 hours’ notice and enter only at reasonable times, unless there is an emergency.

Does Nebraska allow self-help eviction or removal of squatters?

No. Landlords must follow the formal eviction process through the courts. Nebraska law does not permit landlords to change locks, shut off utilities, or forcibly remove occupants without a court order.

Free Downloads

1. Nebraska Residential Lease Agreement Template
2. Nebraska Quitclaim Deed
3. Nebraska Rental Lease Agreement Templates
4. Nebraska 7-Day Notice to Quit
5. Nebraska Tenant Move-Out Checklist

Resources

1. Nebraska Uniform Residential Landlord and Tenant Act
2. Nebraska Court Filing Fees
3. Nebraska Eviction Process & Laws [2025]
4. Nebraska Housing Market Trends & Forecast
5. Real Estate Terms & Definitions