Nebraska Residential Lease Agreement

Important Information for Nebraska Landlords

Nebraska Rental Law Highlights

Security Deposits (Neb. Rev. Stat. § 76-1416)

• Maximum Amount: One month’s rent (Neb. Rev. Stat. § 76-1416)
• Pet Deposit Maximum: One-fourth of one month’s rent (Neb. Rev. Stat. § 76-1416)
• Return Timeline: 14 days after tenant vacates (Neb. Rev. Stat. § 76-1416)
• Itemized Statement: Required if any deductions are made
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Liable for deposit plus damages if wrongfully withheld; one month’s rent as penalty

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month tenancies (Neb. Rev. Stat. § 76-1437)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Nebraska does not have rent control laws

Required Disclosures

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address (Neb. Rev. Stat. § 76-1417)
• Person authorized to manage property (Neb. Rev. Stat. § 76-1417)
• Move-in condition documentation (recommended)
• Smoke detector information
• Any known defects or issues with the property

Eviction and Termination (Neb. Rev. Stat. § 76-1431, 76-1437)

• 7-Day Notice: For nonpayment of rent (Neb. Rev. Stat. § 76-1431(1))
• 14-Day Notice: For lease violations with right to cure (Neb. Rev. Stat. § 76-1431(2))
• 30-Day Notice: To terminate month-to-month tenancy (Neb. Rev. Stat. § 76-1437)
• Court Process Required: Must file eviction action in county court
• No Self-Help: Lockouts and utility shutoffs are illegal (Neb. Rev. Stat. § 76-1430)

Landlord Obligations (Neb. Rev. Stat. § 76-1419, 76-1420)

• Habitability: Must maintain premises in fit and habitable condition (Neb. Rev. Stat. § 76-1419)
• Essential Services: Heat, water, hot water, electricity must be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe condition
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within reasonable time (14 days typical)

Entry Requirements (Neb. Rev. Stat. § 76-1423)

• Notice Required: One day’s notice required (Neb. Rev. Stat. § 76-1423)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections (Neb. Rev. Stat. § 76-1428, 76-1429)

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to one day’s notice before entry
• Security Deposit Protection: Deposit plus damages and one month’s rent as penalty
• Retaliation Protection: Landlord cannot retaliate (Neb. Rev. Stat. § 76-1439)
• Repair and Deduct: Tenant may repair and deduct (Neb. Rev. Stat. § 76-1428)
• Military Service: SCRA protections for active duty members

Nebraska-Specific Considerations

Security Deposit Limits (Neb. Rev. Stat. § 76-1416)

• Maximum one month’s rent for security deposit
• Maximum one-fourth month’s rent for pet deposit
• One of few states with statutory pet deposit limit
• Total deposits cannot exceed 1.25 months’ rent
• 14-day return period – faster than many states

14-Day Security Deposit Return (Neb. Rev. Stat. § 76-1416)

• 14 days to return deposit with itemized statement
• One of the fastest return timelines in the nation
• Landlord liable for deposit plus damages if wrongfully withheld
• One month’s rent as additional penalty for bad faith
• Tenant must provide forwarding address

One Day Entry Notice (Neb. Rev. Stat. § 76-1423)

• Only one day’s notice required before entry
• Shortest entry notice period in the nation
• Must be during reasonable hours
• Emergency entry allowed without notice
• Notice can be oral or written

7-Day Nonpayment Notice (Neb. Rev. Stat. § 76-1431(1))

• 7 days notice for nonpayment of rent
• Tenant has right to cure by paying within notice period
• More tenant-friendly than 3-day notice states
• Must follow proper notice requirements
• Notice must be in writing

14-Day Cure Period for Violations (Neb. Rev. Stat. § 76-1431(2))

• 14 days notice for lease violations
• Tenant has right to cure violation within notice period
• If cured, lease continues
• If not cured, landlord may proceed with eviction
• Specific violations must be stated in notice

Uniform Residential Landlord and Tenant Act (URLTA)

• Nebraska adopted the Uniform Residential Landlord and Tenant Act
• Comprehensive landlord-tenant statutory framework
• Balanced approach between landlord and tenant rights
• Clear procedures for repairs, deposits, evictions
• Similar to Iowa and Kansas URLTA provisions

Smoke Detector Requirements

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors recommended but not always required by state law

Fair Housing Requirements

Best Practices for Nebraska Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out
• Limit security deposits to one month’s rent (required by law)
• Limit pet deposits to one-fourth month’s rent (required by law)
• Return deposits within 14 days with itemization (required by law)
• Disclose landlord’s name and address (required by law)
• Provide one day’s notice before entering property (required by law)
• Keep detailed records of all transactions and communications
• Respond to repair requests within 14 days
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions
• Do not retaliate against tenants for exercising legal rights
• Consider landlord insurance with loss of rent coverage

Nebraska Climate Considerations

• Four Seasons: Cold winters, hot summers require working HVAC
• Winter Weather: Heavy snow and ice; heating system critical
• Temperature Extremes: Can range from below 0°F to over 100°F
• Tornadoes: Common in spring and summer; storm shelters important
• Severe Thunderstorms: Hail, wind damage concerns
• Insulation: Critical for energy efficiency in variable climate

Omaha and Urban Area Considerations

• Local Ordinances: Additional requirements in Omaha and Lincoln
• Rental Registration: Some cities may require landlord registration
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane/Heating Oil: Specify who pays and maintains
• Agricultural Land: Include specific provisions if applicable
• Private Roads: Specify maintenance responsibilities
• Snow Removal: Critical in rural areas with long driveways

Resources

• Nebraska Revised Statutes – Chapter 76, Article 14 (Uniform Residential Landlord and Tenant Act)
• Nebraska State Bar Association – Real Estate Section
• Legal Aid of Nebraska
• Nebraska Investment Finance Authority
• County courts (for eviction proceedings)
• Nebraska Apartment Association