Nebraska Lease Agreements & Landlord-Tenant Law

With a low cost of living, plenty of job opportunities, and low crime, Nebraska is a great place to consider when looking to relocate. Nebraska also has a low population, so for those looking to escape the crowds and hustle and bustle of a large city, Nebraska is a great place to look – don’t forget the many college towns which can be lucrative locations for property investors.

Laws that impact the rental market, landlords, and tenants are constantly being decided in states. Make sure you know what’s on your ballot – find Nebraska voting information here.

Nebraska Renters’ Rights and Landlord Responsibilities

• Return security deposit within 14 days
• Landlords may charge whatever they deem reasonable for rent
• Must make repairs within 14 days of being notified
• Must give a 24-hour notice before entering the unit

When it comes to Nebraska rental laws, there are a few specifics landlords need to know:

1. Security Deposits – The maximum a landlord may charge for the security deposit is the equivalent of one month’s rent. The landlord must return the deposit to the tenant within 14 days of the tenant moving out. If the landlord fails to return the security deposit, they may owe up to twice the amount.
2. Rent – Nebraska has no legal maximum for what a landlord may charge for rent. There is also no limit on the amount a landlord may raise the rent, and they are not required to give any notice. Nebraska landlords may charge whatever they deem reasonable as a late fee, as long as it is included in the lease agreement.
3. Repairs – Landlords must make essential repairs within 14 days. If they fail to make the repairs, the tenant may withhold rent.
4. Notice of Entry – Landlords must give their tenants a minimum notice of 24-hours before entering the unit.

Nebraska Landlords’ Rights and Tenant Responsibilities

• Tenants are required to keep the property safe and livable
• No limit for late fees
• Victims of harassment may terminate the lease

1. Tenant’s Responsibilities – Tenants must keep the property clean, safe, and habitable. They are also responsible for making minor repairs when needed and keeping fixtures clean.
2. Late Fees – Landlords may charge whatever they deem reasonable as a late fee if a tenant fails to pay rent on time. If a check bounces, the maximum penalty a landlord may charge is $10.
3. Special Protections – If a tenant is a victim of harassment from the landlord, they may terminate the lease agreement.

Rental Application Fees

There are no additional rental application fee laws in Nebraska.

Criminal Background Check

• HUD (Federal) laws do not classify criminal backgrounds as a protected class, but making a decision to rent based off a criminal background alone could lead to a discrimination charge as it impacts certain protected groups of people disproportionately.
• However, if the criminal background check revealed a crime for the manufacture and distribution of drugs, homicide and/or stalking, denying the application is allowed.
• Landlords should have a consistent and equal policy or procedure in place to follow regarding criminal background checks so as not to discriminate against one class of people over another.
• HUD states that a landlord cannot ask about arrest records, only convictions, as innocent people are commonly arrested though the situation may not have resulted in a conviction.
• Some municipalities may have written their own laws expanding onto what you can and cannot ask regarding criminal backgrounds during the tenant screening process.

Nebraska Lease Agreement Example

There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Nebraska lease agreement listing details found in Section 1:

Nebraska Landlord-Tenant Law FAQs

Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Nebraska:

Due Diligence and Nebraska Rental Laws

TurboTenant has utilized many municipal sources along with official state statutes in order to compile this information to the best of our ability. However, local laws are always in flux, and landlords and tenants alike should be sure to do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Nebraska. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.

Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Nebraska Landlord-Tenant Law Resources

• Uniform Residential Landlord and Tenant Act
• Mobile Home Landlord and Tenant Act
• Disposition of Personal Property Landlord and Tenant Act
• Landlord-Tenant Law – Nebraska State Bar Association

Nebraska Fair Housing Resources

• Nebraska Fair Housing Act
• Local Tenants Rights, Laws and Protections: Nebraska
• HUD in Nebraska

Other State Resources

• Security deposits Statutes
• Landlord Responsibilities Statutes
• Tenant Responsibilities Statutes
• Prohibited provisions in rental agreements
• Remedies; administration and enforcement; duty to mitigate damages
• Remedies for absence, nonuse, and abandonment of a unit
• Noncompliance; failure to pay rent
• Access to the unit
• Recovery of possession of unit
• Terms and conditions of rental agreement
• Wrongful failure to supply heat, water, hot water, or essential services for rental unit

Nebraska Associations

• Apartment Association of Nebraska
• Nebraska REALTORS® Association

Nebraska City-Specific Housing Resources

Omaha

• Fair Housing – City of Omaha
• Metropolitan Omaha Property Owners Association
• Omaha Area Board of REALTORS®

Lincoln

• Fair Housing
• Landlord & Tenant – University of Nebraska
• REALTORS® Association of Lincoln

Bellevue

• Fair Housing – City of Bellevue
• Omaha Area Board of REALTORS® – Bellevue

Grand Island

• Fair Housing – City of Grand Island
• Grand Island Board of REALTORS®

Federal Fair Housing Resources

• Federal Fair Housing Act
• United States Department of Housing and Urban Development (HUD)
• Civil Rights Act of 1968 (Wikipedia)