Under Nebraska law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord Tenant Act, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Nebraska, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Nebraska’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Nebraska, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Nebraska tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, but usually can’t repair and deduct, or unilaterally withhold rent. Read more
It is illegal for a landlord to evict a tenant as a form of retaliation or for discriminatory reasons.
It’s illegal for Nebraska landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a tenant wishes to break a lease, then they must give the following amount of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Nebraska tenants may legally break a lease early for the following reasons:
If a Nebraska tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Nebraska does not have rent control. Furthermore, state law does not prohibit cities and towns from creating their own rent control laws.
Because Nebraska does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice to tenants on a month-to-month lease. Mobile home tenants must be given at least 60 days’ notice and week-to-week tenants must be given 7 days’ notice.
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, familial status, sex, or disability. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. Nebraska law does contain extra protection for any groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Nebraska Equal Opportunity Commission handles cases relating to housing discrimination. The following behaviors may be considered discriminatory when directed at a member of a protected group:
If you feel you have been the victim of housing discrimination, you can file a complaint with the state commission online or by phone.
In addition to having laws that address general issues like repairs and security deposits, most states, including Nebraska, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Nebraska landlords have the right to enter rental property for inspections, maintenance, and property showings. They must provide at least 24 hours of advance notice before entering a property, unless there’s an emergency. If a landlord enters illegally, tenants can sue to recover a minimum of one month’s rent.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $3,900. Nebraska Small Claims Court is a division of County Court. The process takes approximately one to two months.
Nebraska landlords are required to make the following disclosures:
Nebraska has no regulations against tenants changing their locks, so tenants can change their own locks as long as the rental agreement doesn’t say otherwise. Landlords are not permitted to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction.
Many cities in Nebraska have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for general information.
Landlord and Tenant Handbook – Produced by Legal Aid of Nebraska, this handbook goes into greater detail about many common landlord-tenant laws, as well as their implications for both parties.
Filing a Small Claims Case in Nebraska – This guide is designed to educate landlords and tenants on the process of filing a small claims case.
Landlord-Tenant Checklist – Nebraska landlords can use this checklist to document the condition of the rental unit at the start and end of the lease term.
Can a Landlord Enter Without Permission in Nebraska? Nebraska landlords can enter a rental property without the tenant's permission only in emergencies. Tenants can't refuse entry unreasonably to a landlord, but the landlord has to ask permission before entering if it's at all possible to do so. Read more » Is Nebraska a “Landlord Friendly” State? Nebraska is a moderately landlord-friendly state. There is no limit on rent control and or on fees landlords can charge. However, tenants do get a uniform set of rights under the state Residential Landlord-Tenant Act. Read more » What Are a Tenant’s Rights in Nebraska? Tenants in Nebraska have the right to habitable housing. They also have the right to take legal action against a landlord who violates any rental obligations, and the right to report landlords for violations without fear of retaliation. Read more » Can a Tenant Change the Locks in Nebraska? Nebraska tenants can change their locks, if it's not against the terms of the rental agreement. The landlord still has a right of access, so it's reasonable for tenants to provide copies of any new keys. Read more »
