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.
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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:
- 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.
- 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.
- Repairs – Landlords must make essential repairs within 14 days. If they fail to make the repairs, the tenant may withhold rent.
- 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
- 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.
- 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.
- 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:
| Property Address: | 1200 Broadway Ave. Unit #104 Omaha, NE 68106 | |
| Lease Start Date | 3/01/21 | See section 1.5 |
| Lease End Date: | 2/28/22 | See section 1.5 |
| Total Monthly Rent: | $1,620.00 | See section 1.6 |
| Monthly Base Rent: | $1,500.00 | See section 1.6 |
| Monthly Pet Rent: | $120.00 | See section 1.6 |
| Prorated Rent Amount: | $1,000.00 | See section 1.10 |
| Total Deposit(s): | $1,500 | See section 1.8 |
| Security Deposit: | N/A | See section 1.8 |
| Pet Deposit: | N/A | See section 1.8 |
| Other Deposit: | N/A | See section 1.8 |
| Total Non Refundable Fee(s): | $100.00 | See section 1.9 |
| Move-in Fee: Description | $100.00 | See section 1.9 |
| Late Fee: | 5% if not paid by the 7th. | See section 2.1 |
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:
Can You Withhold Rent in Nebraska?
Yes, if a landlord fails to make necessary repairs, the tenant may withhold rent or pay for those repairs and deduct the price from their next rent payment.
How Long Does it Take to Evict a Tenant in Nebraska?
It typically takes anywhere from three to 30 days to evict a tenant in Nebraska.
Is Nebraska a Landlord-Friendly State?
Nebraska is a moderately landlord-friendly state. There are no maximums on security deposits or late fees, and the eviction process is typically quicker than in other states.
What is the Eviction Process in Nebraska?
There are four reasons a landlord may evict their tenant in Nebraska. Failure to pay rent, violation of the lease, end of the lease term, or illegal activity. Depending on the reason for eviction, the tenant could have anywhere from seven to 30 days to cure their infraction.
If the tenant fails to cure their infraction or move out, then the landlord may file the complaint which must then be served to the tenant within three days. The court hearing will then be held within ten to 14 days after being served. If the court sides with the landlord, then the writ of restitution will be issued within a few hours to a few days calling on the tenant to move out.
How Much Notice Does a Tenant Have to Give a Landlord to Move Out in Nebraska?
For a week-to-week rental, the tenant must give the landlord seven days’ notice before moving out. For month-to-month renters, the notice must be 30 days. For longer-term tenants, there are no statutes.
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
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
Nebraska City-Specific Housing Resources
Omaha
- Fair Housing – City of Omaha
- Metropolitan Omaha Property Owners Association
- Omaha Area Board of REALTORS®