Nebraska Landlord-Tenant Law 2026: The Plain-English Guide
- What is the security deposit cap in Nebraska? One month's periodic rent, plus a pet deposit of up to one-fourth of one month's periodic rent when appropriate (§ 76-1416(1)). The cap reaches security "however denominated," and it does not apply to housing…
- How long does a Nebraska landlord have to return a security deposit? Fourteen days after the date of termination of the tenancy, the landlord must deliver or mail the balance, if any, and a written itemization (§ 76-1416(2)). No tenant demand is required. If the tenant gave no mailing…
- What is the penalty for late return of a Nebraska security deposit? For any failure to comply with § 76-1416(2), the tenant recovers the property and money due, court costs, and reasonable attorney's fees. If the failure is willful and not in good faith, the tenant also recovers…
Quick answer - Nebraska: Nebraska deposits are capped at one month's rent plus up to a quarter-month pet deposit (§ 76-1416). Return the balance with a written itemization within 14 days after the tenancy ends — no tenant demand needed. Nonpayment takes a 7-day notice, and entry requires 24 hours' written notice stating purpose and window.
Nebraska runs its rentals under the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449), a full URLTA adoption. Mobile home lot rentals have their own parallel act (the Mobile Home Landlord and Tenant Act, §§ 76-1474 et seq.) and are not covered here except where the two acts are confused with each other — which, as the corrections below show, happens in print constantly. The headline facts survive verification: deposits are capped at one month's rent plus a small pet deposit, returns are due automatically within 14 days, the nonpayment notice is 7 calendar days, and entry takes 24 hours' written notice stating the purpose and the anticipated entry window. But several details in older guides — including the previous version of this page — are wrong, stale, cited to the wrong act, or built on bills that were never enacted. This guide states the current law, verified against the current text published by the Nebraska Legislature.
Nine corrections and completions to start. First, the deposit amendments are from 2019, not 2023: the source line of § 76-1416 records Laws 2019, LB433, § 1 and Laws 2021, LB532, § 7 — there is no 2023 amendment, and the companion claim that a separate "LB434" extended the nonpayment period does not match § 76-1431's source line either (Laws 2019, LB433, § 2; Laws 2021, LB320, § 5). Second, the unclaimed-deposit clock is one year, not 30 days: under § 76-1416(2), a balance is abandoned property only if the mailing is returned as undeliverable or the returned balance remains outstanding for one year, and it is then reported and paid to the State Treasurer under the Uniform Disposition of Unclaimed Property Act. Third, there is no general 60-day rent-increase notice in the URLTA: the 60-day rule at § 76-1490 sits in the Mobile Home Landlord and Tenant Act and governs mobile home tenancies; for ordinary rentals, an increase on a periodic tenancy rides on the § 76-1437 termination framework (30 days month-to-month, 7 days week-to-week). Fourth, Nebraska does not preempt local rent control: the Act sets no rent cap, and no enacted statute bars a local ordinance — LB266, a 2025 preemption bill, was introduced precisely because, as its introducer stated, Nebraska was then one of only 13 states without such a law; a bill is not law. Fifth, the retaliation penalty on the old page (one month's rent plus $500) does not exist in Nebraska law: § 76-1439 gives the tenant the remedies of § 76-1430 — recovery of possession or termination, plus three months' periodic rent as liquidated damages and a reasonable attorney's fee — and a defense in a possession action. Sixth, the landlord's habitability duties live at § 76-1419, not § 76-1427: § 76-1427 is the essential-services section, and the tenant's general remedy for landlord noncompliance is § 76-1425 (30-day termination notice, breach remedied in 14 days), with § 76-1428 supplying the counterclaim defense in a possession or rent action. Seventh, the entry rule is enacted and specific: the purpose-and-anticipated-window language in § 76-1423(3) is current law (the LB320 package, Laws 2021), the notice is 24 hours (the statute says twenty-four hours, i.e. one day), it must be provided to each individual unit, and it is excused only in an emergency or where notice is impracticable. Eighth, domestic-violence early release is enacted law, not a pending bill: §§ 76-1431.01 and 76-1431.02 (Laws 2021, LB320, §§ 6 and following) let a victim obtain a release on 14 to 30 days' documentation-backed notice, liable only for the termination month's rent, and let a tenant have a perpetrator cotenant removed through the § 76-1431(4) five-day track. Ninth, two items are deleted as unverifiable: there is no $10 returned-check fee in § 76-1414 (its current text has subsections (1) through (5) and no fee provision), and LB469 — the 2025 bill for a State Court Administrator resource form in eviction notices — was heard in committee on February 20, 2025 but never enacted: § 76-1401 contains no such duty, so no form need be attached. The old page's Lincoln deposit-ordinance claim was likewise unverifiable and is removed.
Disclaimer: this is general information, not legal advice. Nebraska eviction practice runs through county and district courts with local rules; consult a Nebraska landlord-tenant attorney for your situation.
Nebraska's 2026 rewrite flipped two of the numbers most guides still get wrong — 14-day automatic deposit returns, 7-day nonpayment notices — and they don't match most other states. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.
At a glance
| Rule | Nebraska requirement | Citation |
|---|---|---|
| Deposit cap | One month's periodic rent, plus a pet deposit of up to one-fourth of one month's rent; housing agencies under the Nebraska Housing Agency Act excepted | § 76-1416(1) |
| Deposit return | Balance and written itemization delivered or mailed within 14 days after termination of the tenancy; no tenant demand required | § 76-1416(2) |
| No forwarding address | Mail by first-class mail to the tenant's last-known mailing address | § 76-1416(2) |
| Unclaimed deposit | Abandoned property to the State Treasurer if the mailing is returned undeliverable, or the balance remains outstanding for one year | § 76-1416(2) |
| Deposit penalty — base | Amount due, plus court costs and reasonable attorney's fees | § 76-1416(3) |
| Deposit penalty — willful | If the failure is willful and not in good faith, liquidated damages of one month's periodic rent or two times the security deposit, whichever is less | § 76-1416(3) |
| Nonpayment notice | 7 calendar days after written notice of nonpayment and intent to terminate | § 76-1431(2) |
| Other material noncompliance | Written notice; termination date not less than 30 days after receipt; breach remedied in 14 days saves the agreement | § 76-1431(1) |
| Repeat noncompliance | Substantially the same noticed breach recurs within 6 months: at least 14 days' written notice, no cure right stated | § 76-1431(1) |
| Violent criminal activity | 5 days' written notice, no right to cure, subject to the subsection (5) victim-protection exceptions | § 76-1431(4), (5) |
| Periodic termination | Month-to-month 30 days before the periodic rental date in the notice; week-to-week 7 days | § 76-1437(1), (2) |
| Holdover | Willful, bad-faith holdover: up to 3 months' periodic rent or threefold actual damages, whichever is greater, plus reasonable attorney's fees | § 76-1437(3) |
| Entry | At least 24 hours' written notice to each unit, stating intended purpose and a reasonable anticipated entry period; reasonable times; emergency and impracticable exceptions | § 76-1423(3) |
| Landlord noncompliance (tenant remedy) | Written notice; termination date not less than 30 days after receipt; landlord remedies in 14 days; repeat within 6 months: 14 days | § 76-1425(1) |
| Essential services | After written notice: procure and deduct actual, reasonable cost; diminution damages; or substitute housing with rent excused | § 76-1427(1) |
| Unlawful ouster / service cut | Tenant recovers possession or terminates, plus 3 months' periodic rent as liquidated damages and a reasonable attorney's fee | § 76-1430 |
| Self-help bar | No recovery of possession except on abandonment, surrender, or as the Act permits, including by willful diminution of services | § 76-1436 |
| Retaliation | No rent increase, service decrease, or possession action after a qualifying code complaint or tenants'-union activity; remedy is § 76-1430 plus a possession defense | § 76-1439 |
| Abandonment | Total absence without notice for one full rental period or 30 days, whichever is less; landlord takes immediate possession and makes reasonable re-rental efforts | § 76-1432(3) |
| Domestic-violence release | Release effective 14 to 30 days after documentation and written notice; tenant liable for the termination month's rent only | § 76-1431.01 |
| Fire or casualty | Tenant may vacate at once and terminate by written notice within 14 days, effective as of vacating; or partial vacatur with proportional rent reduction | § 76-1429 |
| Rent control | No state cap in the Act; no enacted state preemption of local rent control verified | §§ 76-1401 to 76-1449 |
| Mobile home rent increase | 60 days' written notice — Mobile Home Landlord and Tenant Act only | § 76-1490 |
| Fair housing (state) | Race, color, religion, national origin, disability, familial status, sex, or military or veteran status | § 20-318 |
When the clocks actually start
Nebraska's notice statute, § 76-1413, defines receipt, and most Act clocks run from receipt or from the act the section specifies — read each one on its own terms. A person has notice when the person has actual knowledge, has received a notice or notification, or has reason to know from the facts known at the time. A tenant receives a notice when it comes to the tenant's attention, is delivered in hand, is mailed to the place the tenant held out for communications (or, absent a designation, the tenant's last-known place of residence), or is delivered by electronic means. A landlord receives a notice when it is delivered at the landlord's place of business through which the agreement was made, at a place the landlord held out for receipt of communications, or by electronic means.
Electronic delivery is real but consent-gated, under the regime rebuilt by Laws 2025, LB185 (grandfather language at § 76-1413(13), (14), keyed to September 3, 2025). A landlord may deliver electronically only if the tenant has affirmatively consented and not withdrawn, after the prescribed statement of withdrawal, paper-copy, and hardware/software rights, and consents in a way demonstrating the tenant can access the form used (§ 76-1413(7)); a landlord may never require electronic delivery as a condition of entering or renewing an agreement (§ 76-1413(9)). Where receipt verification is required and not obtained, the document must go out by mail, and two undeliverable electronic communications in 30 days push future communications back to mail until re-consent (§ 76-1413(11)). For termination notices that will be tested in court, hand delivery or mail with a certificate or witness remains the defensible default.
Worked example, weekday-verified: you hand-deliver a § 76-1431(1) cure notice on Monday, March 2, 2026. The tenant's 14 days to remedy run to Monday, March 16, 2026, and the earliest termination date the notice may specify is Wednesday, April 1, 2026 — not less than 30 days after receipt. Mail the same notice instead and you must first be able to prove receipt under § 76-1413; the 30 days run from receipt, not from the postmark.
How much can a Nebraska landlord charge as a security deposit? (§ 76-1416)
Section 76-1416 is short, complete, and unforgiving about its one clock. For the full deposit-only treatment, see our Nebraska security deposit law guide.
- Cap (§ 76-1416(1)). A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate. The subsection does not apply to housing agencies organized or existing under the Nebraska Housing Agency Act. "However denominated" is the trap for creative labels: a charge that functions as security counts toward the cap whatever the lease calls it. Track the pet deposit separately anyway — commingling it with the base deposit invites disputes over which dollars covered what.
- What the money may be applied to (§ 76-1416(2)). Upon termination of the tenancy, property or money held as prepaid rent and security may be applied to the payment of rent and the amount of damages the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or with § 76-1421 (the tenant's duties). Normal wear and tear is not tenant noncompliance; § 76-1421(2) itself obliges the tenant to leave the unit as clean as at commencement excepting ordinary wear and tear.
- The 14-day return (§ 76-1416(2)). The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. Nothing in the subsection conditions the duty on a tenant demand — that is the LB433 change, and the Nebraska Supreme Court's older annotation points the same way: the 14-day language is the time allowed the landlord to return the deposit, not a window in which the tenant must demand it (Hilliard v. Robertson, cited in the section's annotations). If the tenant provides no mailing address or instructions, the landlord shall mail, by first-class mail, the balance and the itemization to the tenant's last-known mailing address.
- Unclaimed balances (§ 76-1416(2)). If the mailing is returned as undeliverable, or if the returned balance remains outstanding for one year, it is considered abandoned property, to be reported and paid to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act. The old version of this page said 30 days; the statute says one year, and the undeliverable-mailing trigger is separate and immediate. Do not hold an undeliverable refund in a drawer, and do not spend a stale one.
- Other damages and the government-removal shield (§ 76-1416(4)). The section does not preclude either party from recovering other damages to which the party may be entitled under the Act. A tenant is not liable for damages directly related to the tenant's removal from the premises by order of a governmental entity as a result of the premises not being fit for habitation due to the negligence or neglect of the landlord.
- Successors (§ 76-1416(5)). The holder of the landlord's interest in the premises at the time of termination of the tenancy is bound by the section. Buying a tenanted property buys the 14-day duty.
What a missed deadline costs
Section 76-1416(3) has two tiers, and most secondary guides blur them:
1. Base tier — any failure to comply with subsection (2). The tenant may recover the property and money due, court costs, and reasonable attorney's fees. No willfulness showing is required for this tier.
2. Willful tier — failure that is willful and not in good faith. In addition, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the security deposit, whichever is less, as liquidated damages. Note the measure exactly: it is the lesser of the two figures, it requires both willfulness and lack of good faith, and it is on top of the amount due, costs, and fees — not instead of them.
Worked example, weekday-verified: the tenancy terminates on Wednesday, September 30, 2026. Rent is $1,200 a month; the deposit is $1,200 and the pet deposit is $300, for $1,500 held. Documented deductions are $450 ($260 unpaid rent and $190 tenant-caused damage), so the balance is $1,050, due with the written itemization by Wednesday, October 14, 2026. If the landlord simply never sends it and a court finds the failure willful and not in good faith, the liquidated-damages figure is the lesser of one month's rent ($1,200) and two times the security deposit (2 times $1,200 = $2,400) — $1,200 — plus the $1,050 due, court costs, and reasonable attorney's fees. Photo-document every unit at move-in and move-out, and generate the itemization in week one. See our move-in/move-out inspection checklist.
Use our Security Deposit Deadline Finder and deductions guide.
Can a Nebraska landlord raise rent freely, and is there rent control?
- No rent control in the Act — and no enacted preemption. The URLTA caps neither rent nor increases. The old page added that Nebraska "bars local rent-control ordinances"; that is not verified law. LB266 (2025) would have prohibited local rent-control ordinances, with exceptions for affordable-housing land-use programs and voluntary owner agreements — but it remained a bill (introduced January 15, 2025; committee hearing January 29, 2025), and its introducer's own case for it was that Nebraska lacked such a prohibition. Check your own city's ordinances rather than rely on a statewide claim in either direction.
- Rent defaults when the lease is silent (§ 76-1414). The parties may include any terms not prohibited by the Act or other law (§ 76-1414(1)). In the absence of agreement, the tenant pays the fair rental value (§ 76-1414(2)). Rent is payable without demand or notice at the time and place agreed; unless otherwise agreed, at the dwelling unit, at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month, uniformly apportionable day to day (§ 76-1414(3)). Unless the agreement fixes a definite term, the tenancy is week-to-week for a roomer who pays weekly rent and month-to-month in all other cases (§ 76-1414(4)).
- No general rent-increase notice statute. For an ordinary dwelling, the Act prescribes no stand-alone increase notice. On a month-to-month tenancy the working vehicle is § 76-1437(2): give the new terms with at least 30 days' written notice ahead of the periodic rental date on which they take effect, so a tenant who will not accept them can terminate (and you can, if they stay on old terms). During a fixed term, the agreed rent controls unless the lease itself provides a change mechanism. See how to raise rent legally.
- The 60-day rule is mobile-home law. Section 76-1490 provides that each tenant shall be notified in writing of any rent increase, by actual notice or by United States mail, at least sixty days before the effective date. That section sits in the Mobile Home Landlord and Tenant Act (§§ 76-1474 et seq.), the separate act for mobile home tenancies — it is not a URLTA section and does not set the rule for houses and apartments. Guides that import it into general Nebraska law are citing the wrong act; landlords who actually rent mobile home spaces must obey it there.
- No statutory grace period and no late-fee cap in the Act. Sections 76-1414 and 76-1431 set neither a grace period nor a fee ceiling. Late is what your lease says it is, the 7-day nonpayment clock runs from your written notice regardless of any lease grace language, and a fee's defense in court is that it was agreed in writing and is a genuine, reasonable charge rather than a punishment. Keep fees modest, stated in plain numbers, and applied identically to every tenant. See how to handle late rent.
- No $10 returned-check fee in § 76-1414. Secondary sources repeat a $10 figure attributed to that section. The current official text of § 76-1414 contains subsections (1) through (5) — agreement terms, fair-rental-value default, payment defaults, periodic-tenancy default, and a death-of-tenant property provision — and no returned-check subsection. The claim is dropped from this page. If your lease charges a returned-payment fee, its authority is the lease itself and general law, not § 76-1414, and the amount should track your bank's actual charge.
- Waiver trap (§ 76-1433). Acceptance of rent with knowledge of a tenant default, or acceptance of performance that varies from the agreement or later-adopted rules, waives the landlord's right to terminate for that breach, unless otherwise agreed after the breach occurred. Taking a full rent check mid-notice-period with knowledge of the breach can quietly disarm the notice — coordinate deposits with pending notices, and paper any post-breach agreement in writing.
Required disclosures and paperwork duties
- Who manages and who takes notices (§ 76-1417). The landlord, or a person authorized to enter the agreement for the landlord, must disclose in writing, at or before commencement of the tenancy, the name and address of (a) the person authorized to manage the premises and (b) an owner, or a person authorized to act for the owner, for service of process and for receiving and receipting for notices and demands. The information must be kept current, and the duty extends to and is enforceable against any successor landlord, owner, or manager. A person who fails to disclose becomes the agent of each landlord for service of process and receipt of notices and demands, and for performing the landlord's obligations and expending rent collected for that purpose (§ 76-1417(3)).
- Possession at the start (§ 76-1418). At commencement the landlord shall deliver possession in compliance with the rental agreement and § 76-1419. A landlord who makes reasonable efforts to obtain possession is not liable under the section, and the landlord may bring a possession action against a person wrongfully in possession, recovering the § 76-1437(3) damages.
- Death of a tenant (§ 76-1414(5)). On request, a tenant may designate and update a person authorized to enter the unit to retrieve and store the tenant's personal property if the tenant dies. On the tenant's death the landlord must make a reasonable attempt to contact that person within 10 days; the person then has 20 days after contact to say they will claim the property and 20 days after that notification to remove it, on presentation of valid government-issued identification. Property not removed is disposed of under the Disposition of Personal Property Landlord and Tenant Act, and a landlord who follows the subsection has no further liability for lost, damaged, or stolen property. Build the designation request into your move-in packet — it converts a hard week into a procedure.
- Lead-based paint: federal law (42 U.S.C. § 4852d) requires the disclosure form and EPA pamphlet for most pre-1978 housing. Draft the rest of the lease with our lease agreement guide.
What duties does a Nebraska landlord owe during the tenancy? (§ 76-1419)
Section 76-1419(1) is a closed list, and its first two items are expressly triggered after written or actual notice — which is why a date-stamped written maintenance channel matters more in Nebraska than in most states. The landlord shall:
- (a) substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety;
- (b) make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition;
- (c) keep all common areas clean and safe;
- (d) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
- (e) provide and maintain appropriate receptacles for ashes, garbage, rubbish, and other waste and arrange for removal; and
- (f) supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building is not required by law to be equipped for that purpose, or heat or hot water is generated by an installation within the tenant's exclusive control and supplied by a direct public utility connection.
Two calibrations. If a minimum housing code applies to the premises, the landlord's maximum duty under the section is determined by subsection (1)(a), and the section does not change existing tort law. And the duties can be shifted only narrowly: for a single-family residence, the parties may agree the tenant performs the (1)(e) and (1)(f) duties and specified repairs only in a transaction in writing, for good consideration, in good faith, and not to evade the landlord's obligations (§ 76-1419(2)); for other units, a specified-repairs agreement must be in good faith, in a separate signed writing supported by adequate consideration, and may not diminish the landlord's duties to other tenants (§ 76-1419(3)). The landlord may also employ a tenant to perform the landlord's obligations (§ 76-1419(4)). A standard-lease clause quietly assigning habitability repairs to the tenant meets none of these tests. The Nebraska Supreme Court has held these duties are not limited to conditions arising after the lease begins (Vasquez v. CHI Properties, in the section's annotations).
The tenant's duties (§ 76-1421)
The tenant shall comply with tenant-side building and housing code obligations materially affecting health and safety; keep the occupied part of the premises as clean and safe as conditions permit and, on termination, leave the unit as clean as at commencement excepting ordinary wear and tear; dispose of waste cleanly and safely; keep plumbing fixtures as clean as their condition permits; use all facilities and appliances reasonably; not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises, or knowingly permit another to do so; conduct themselves, and require persons on the premises with their consent to conduct themselves, so as not to disturb neighbors' peaceful enjoyment; and abide by applicable condominium, cooperative, and neighborhood-association rules not inconsistent with the landlord's rights or duties (§ 76-1421(1) to (8)). Section 76-1421 is also the compliance yardstick § 76-1416(2) uses for deposit deductions and § 76-1431(1) uses for health-and-safety termination notices — plead the specific subsection, not "lease violation," in your notices.
How much notice must a Nebraska landlord give before entering? (§ 76-1423)
- Consent may not be unreasonably withheld (§ 76-1423(1)) for entry to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
- Emergency entry without consent is allowed (§ 76-1423(2)).
- The 24-hour rule (§ 76-1423(3)). The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to give notice, the landlord shall (a) give the tenant at least twenty-four hours' written notice of the intent to enter — notice that shall be provided to each individual unit and shall include the intended purpose for entry and a reasonable period during which the landlord anticipates making entry — and (b) enter only at reasonable times. The purpose-and-window language is current enacted text, not a proposal: it arrived with the LB320 package (Laws 2021), the same package that enacted the domestic-violence sections below. A notice that says only "inspection tomorrow" is short of the statute twice over — no purpose, no window.
- No other access (§ 76-1423(4)): except by court order, as permitted by § 76-1432(2) (entry during an absence over seven days, at times reasonably necessary), or if the tenant has abandoned or surrendered the premises.
- Absence notice (§ 76-1424, via § 76-1432(1)): if the agreement requires the tenant to give notice of an anticipated extended absence over seven days and the tenant willfully fails to, the landlord may recover actual damages.
Worked example: on Monday, March 2, 2026 you deliver written notice to the unit stating the purpose (annual furnace-filter replacement and safety check) and the anticipated window (Tuesday, March 3, between 10 a.m. and noon). That satisfies § 76-1423(3) for a Tuesday, March 3, 2026 entry at a reasonable time. The same visit on a knock-and-enter basis, or on a purpose-free note, does not.
When the landlord doesn't maintain: §§ 76-1425, 76-1427, and 76-1428
Give tenants a written maintenance channel at move-in and date-stamp every report — every remedy in this stack starts with the tenant's notice, and § 76-1419's core duties are notice-triggered. See how to handle maintenance requests.
- Termination and damages (§ 76-1425). If there is a material noncompliance by the landlord with the rental agreement, or a noncompliance with § 76-1419 materially affecting health and safety, the tenant may deliver written notice specifying the breach and that the agreement will terminate on a date not less than thirty days after receipt if the breach is not remedied in fourteen days (§ 76-1425(1)). If the landlord adequately remedies before the specified date, the agreement does not terminate. If substantially the same noticed noncompliance recurs within six months, the tenant may terminate on at least fourteen days' written notice. The tenant may never terminate for a condition the tenant, a family member, or a person on the premises with the tenant's consent caused. Separately, the tenant may recover damages and obtain injunctive relief for any landlord noncompliance, plus reasonable attorney's fees if the noncompliance is willful; if it was caused by conditions beyond the landlord's control, consequential damages are barred but the § 76-1427 remedies survive (§ 76-1425(2)). The damages remedy is in addition to the termination remedy, and Vasquez holds a tenant who gave § 76-1419 notice may pursue subsection (2) damages without also sending a subsection (1) termination notice. On any termination, the landlord returns all prepaid rent and security recoverable under § 76-1416 (§ 76-1425(4)).
- Essential services (§ 76-1427). If, contrary to the agreement or § 76-1419, the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice specifying the breach and elect one remedy: (a) procure reasonable amounts of the service during the noncompliance and deduct the actual and reasonable cost from the rent; (b) recover damages based on the diminution in the fair rental value of the unit; or (c) procure reasonable substitute housing during the noncompliance, with rent excused for that period (§ 76-1427(1)). In addition, under (a) and (c), if the failure was deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of substitute housing up to one period's rent, and in any case under the subsection, reasonable attorney's fees. Three limits: a tenant who proceeds under § 76-1427 may not also proceed under § 76-1425 for that breach (§ 76-1427(2)); the rights do not arise until written notice is given, and never for a tenant-caused condition; and the section is not intended to cover circumstances beyond the landlord's control (§ 76-1427(3)). This is the Act's one true deduct remedy, and it is service-specific — there is no general repair-and-deduct or rent-withholding right elsewhere in the Nebraska Act, which is exactly why a tenant who simply stops paying without following § 76-1427 is exposed to the 7-day notice below.
- The counterclaim defense (§ 76-1428). In a possession action based on nonpayment, or a rent action where the tenant is in possession, the tenant may counterclaim for any amount recoverable under the agreement or the Act. The court may order the tenant to pay accrued and accruing rent into court, determines the amount due each party, pays the net-owed party first from the fund, and — if no rent remains due after the offsets, judgment is entered for the tenant in the possession action. A defense or counterclaim raised without merit and not in good faith exposes the tenant to the landlord's reasonable attorney's fees. An eviction filing does not freeze the habitability argument; it moves it into your case, with your maintenance log as the evidence.
- Fire or casualty (§ 76-1429). If the unit or premises are damaged or destroyed by fire or casualty so enjoyment is substantially impaired, the tenant may (a) immediately vacate and notify the landlord in writing within fourteen days of the intention to terminate, in which case the agreement terminates as of the date of vacating; or (b) if continued occupancy is lawful, vacate only the unusable part, with rent liability reduced in proportion to the diminution in fair rental value. On termination, prepaid rent and recoverable security are returned under § 76-1416, accounting runs as of the casualty date, and the tenant remains responsible for damage caused by the tenant's negligence. Example, weekday-verified: a tenant who vacates after a fire on Wednesday, September 30, 2026 must give the written termination notice by Wednesday, October 14, 2026, and the agreement terminates as of September 30.
How much notice is required to terminate a Nebraska tenancy? (§ 76-1431)
Periodic and fixed-term endings (§ 76-1437)
- Week-to-week: either party may terminate by written notice given at least 7 days before the termination date specified in the notice (§ 76-1437(1)).
- Month-to-month: either party may terminate by written notice given at least 30 days prior to the periodic rental date specified in the notice (§ 76-1437(2)). Note the anchor: the 30 days run to the periodic rental date named in the notice, not to any mid-period date. Example, weekday-verified: notice delivered Monday, March 2, 2026 can specify the periodic rental date of Wednesday, April 1, 2026 — exactly 30 days later. A notice delivered March 10 cannot reach April 1; its earliest periodic date is May 1.
- Fixed-term: ends by its own terms; no renewal notice is required unless the lease demands one. If the landlord consents to a holdover tenant's continued occupancy, § 76-1414(4) supplies the default tenancy (week-to-week for a weekly roomer, month-to-month otherwise).
The ladder, rung by rung (§ 76-1431)
Every rung requires a written notice specifying the acts and omissions constituting the breach. Draft with exact dollar amounts and specific § 76-1421 or lease provisions, and keep rent ledgers current.
1. Nonpayment — 7 calendar days (§ 76-1431(2)). If rent is unpaid when due and the tenant fails to pay within seven calendar days after written notice of nonpayment and of the landlord's intention to terminate if the rent is not paid within that period, the landlord may terminate. The statute says calendar days — weekends and holidays count. Example, weekday-verified: rent due Sunday, March 1, 2026 is unpaid; your written notice is received Monday, March 2; the tenant has through Monday, March 9, 2026 to pay in full. Every pre-LB433 3-day form in your files is wrong; replace them.
2. Material noncompliance — 30-day notice, 14-day cure (§ 76-1431(1)). For a noncompliance with § 76-1421 materially affecting health and safety, or a material noncompliance with the rental agreement or any separate agreement, deliver written notice specifying the breach and that the agreement will terminate on a date not less than thirty days after receipt if the breach is not remedied in fourteen days. If the breach is remediable by repairs, payment of damages, or otherwise, and the tenant adequately remedies it before the specified date, the agreement does not terminate.
3. Repeat noncompliance — 14 days, no cure (§ 76-1431(1), second half). If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate on at least fourteen days' written notice specifying the breach and the termination date. No cure period is stated for this rung. The first notice is what arms it — serve and file the first notice even when the tenant cures.
4. Violent criminal activity — 5 days, no cure (§ 76-1431(4)). Notwithstanding subsections (1) and (2) and § 25-21,221, and except as provided in subsection (5), the landlord may, after five days' written notice of termination and without the right of the tenant to cure, file suit and have judgment for recovery of possession if the tenant, occupant, member of the tenant's household, guest, or other person under the tenant's control or present with the tenant's consent engages in: any violent criminal activity on the premises; the illegal sale of any controlled substance on the premises; or any other activity that threatens the health or safety of other tenants, the landlord, or the landlord's employees or agents. The listed activities include physical assault or its threat; illegal use of a firearm or other weapon or its threat; possession of a controlled substance the tenant knew or should have known of (unless obtained from, or under a medical order by, an authorized practitioner); and any other activity threatening health or safety or involving threatened, imminent, or actual property damage.
The subsection (5) exceptions are part of the rung, not a footnote. A landlord shall not take action under subsection (4) if the activity is conducted by a person on the premises other than the tenant or a household member and the tenant or household member takes at least one of these measures: (i) seeks a protective order, restraining order, or other similar relief applying to the person conducting the activity; (ii) reports the activity to a law enforcement agency in an effort to initiate a criminal action against that person; or (iii) if the activity is an act of domestic violence, receives certification of the activity from a qualified third party under the housing-protection provisions of the federal Violence Against Women Reauthorization Act of 2013 (§ 76-1431(5)(a)). Subsection (5)(b) then allocates the track where both parties are on the lease: the subsection (5) shield does not apply to a tenant who is a perpetrator of an act of domestic violence, and if both the victim who takes subsection (5) measures and the perpetrator are parties to the rental agreement, the landlord shall take subsection (4) action only against the perpetrator. Check for a protective order, a police report, or a certification before filing on this rung, every time.
Money and fees (§ 76-1431(3)). Beyond termination, the landlord may recover damages and obtain injunctive relief for any noncompliance with the agreement or § 76-1421; if the tenant's noncompliance is willful, the landlord may recover reasonable attorney's fees. On any termination, the landlord is entitled to possession and may claim rent and a separate claim for actual damages and reasonable attorney's fees as provided in § 76-1431(3) (§ 76-1435).
Full process: how to evict a tenant.
Domestic violence: enacted release and perpetrator removal (LB320, 2021)
The old page treated domestic-violence early release as a bill "moving through the legislature." That was five years stale. LB320 was enacted in 2021 (passed April 29, 2021 and signed May 5, 2021), and its housing provisions are current law, keyed to the definition of an act of domestic violence at § 76-1410(1) and the qualified-third-party definition at § 76-1410(11).
- Release from the agreement (§ 76-1431.01). A tenant who is a victim of an act of domestic violence, or whose household member is a victim, may obtain a release from the rental agreement if the tenant or household member has (a) obtained a protective order, restraining order, or other similar relief applying to the perpetrator, or (b) obtained certification confirming domestic violence as described in § 76-1431(5)(a)(iii). To obtain the release, the tenant shall provide the landlord a copy of that documentation and a written notice stating (i) the release date the tenant wishes — at least fourteen days and no more than thirty days after the documentation and notice are provided — and (ii) the names of any household members to be released in addition to the tenant. The tenant remains liable for rent for the month in which the tenant terminated the agreement. A released tenant and household member are not liable for rent or damages incurred after the release date and are not subject to any fee solely because of the termination. Other tenants who are parties to the agreement (other than released household members) are not released. A tenant who is a perpetrator may not obtain a release under this section. Example, weekday-verified: documentation and notice provided Monday, March 2, 2026; the release date must fall between Monday, March 16, 2026 and Wednesday, April 1, 2026, and the tenant owes March rent and nothing after the release date.
- Removal of a perpetrator cotenant (§ 76-1431.02). Where the perpetrator is another cotenant or occupant of the same unit, the tenant may have the perpetrator removed from the rental agreement and, if needed, excluded from the premises, on the same two documentation routes. The tenant's written notice states the perpetrator's full legal name, the date the tenant wishes the termination notice served on the perpetrator (at least five days and no more than thirty days after the documentation and notice reach the landlord), and the tenant's preferred method for future landlord communications. The landlord shall then proceed under § 76-1431(4) against only the perpetrator, serving the five-day notice on the tenant's chosen date. If the perpetrator vacates within the five days, the landlord shall install a new lock under § 76-1431.04 and promptly tell the requesting tenant how to obtain access to the re-keyed unit. If the perpetrator does not vacate, the landlord shall file suit for possession against the perpetrator only and notify the tenant of the hearing date; on judgment for the landlord, the landlord recovers costs and reasonable attorney's fees from the perpetrator, installs the new lock, and refuses the perpetrator access to reclaim property except escorted by law enforcement. If two occupants request each other's removal and both document, the landlord need proceed only against a person a court order specifically excludes. A landlord is not liable for actions taken in good faith under the section. This is a duty with clocks and a lock bill attached — calendar it like a deposit return.
Getting possession back: §§ 76-1440 to 76-1447
Self-help is off the table. A landlord may not recover or take possession by action or otherwise — including willful diminution of services by interrupting or causing the interruption of electric, gas, water, or other essential service — except in case of abandonment, surrender, or as the Act permits (§ 76-1436). A landlord who unlawfully removes or excludes the tenant, or willfully and wrongfully diminishes services that way, faces § 76-1430: the tenant may recover possession or terminate, and in either case recover three months' periodic rent as liquidated damages and a reasonable attorney's fee; on a termination the landlord returns all prepaid rent and security recoverable under § 76-1416. Note that § 76-1430 is also the remedial section § 76-1439 borrows for retaliation — the 3-months figure is Nebraska's standard ouster measure, and the old page's separate smaller penalties for these wrongs were not the statute.
A possession action is commenced as §§ 76-1440 to 76-1447 describe (§ 76-1440):
- Complaint for restitution (§ 76-1441). The person seeking possession files a complaint in the district or county court stating (a) the specific statutory authority under which possession is sought, (b) the facts with particularity, (c) a reasonably accurate description of the premises, and (d) the requisite compliance with the Act's notice provisions. Other causes of action relating to the tenancy may be joined but are answered and tried separately if either party so requests in writing. A complaint on the § 76-1431(4) track must include the incident or incidents giving rise to the suit (§ 76-1441(2)) — one more reason the subsection (5) exception check happens before filing.
- Summons (§ 76-1442). The summons (with the complaint) states the cause, trial time and place, and answer day, and warns that failure to appear means judgment. It must be served within three days, excluding nonjudicial days, from issuance and is returnable within five days, excluding nonjudicial days, with a particularized affidavit of service; if diligent efforts under §§ 25-505.01 to 25-516.01 fail, service may be made under § 76-1442.01.
Holdover (§ 76-1437(3)). If the tenant remains in possession without the landlord's consent after expiration of the term or its termination, the landlord may bring an action for possession and, if the holdover is willful and not in good faith, may in addition recover an amount not more than three months' periodic rent or threefold the actual damages sustained, whichever is greater, and reasonable attorney's fees. Put that number in the lease as a deterrent — accurately, with its willful-and-not-in-good-faith condition attached.
Abandonment and property left behind (§ 76-1432)
- Absence over seven days (§ 76-1432(1), (2)): if the agreement requires notice of an anticipated extended absence over seven days (see § 76-1424) and the tenant willfully fails to give it, the landlord may recover actual damages. During any absence over seven days, the landlord may enter at times reasonably necessary.
- Abandonment (§ 76-1432(3)): if the tenant abandons the unit, the landlord shall take immediate possession and shall make reasonable efforts to rent it at a fair rental. If the landlord re-rents for a term beginning before the agreement expires, the agreement is deemed terminated as of the date the new tenancy begins. Total absence from the premises without notice to the landlord for one full rental period or thirty days, whichever is less, constitutes abandonment. The annotations add the common-law gloss: abandonment ordinarily requires an intent to relinquish possession, and self-help recovery during the first 30 days of an absence may depend on unequivocal circumstantial proof (Mason v. Schumacher) — document the empty unit, the unanswered notices, and the absence clock before changing a lock, and route leftover property through the Disposition of Personal Property Landlord and Tenant Act rather than improvising.
What counts as illegal retaliation by a Nebraska landlord? (§ 76-1439)
Except as the section provides, a landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after:
- (a) the tenant has complained to a government agency charged with enforcing a minimum building or housing code, of a violation applicable to the premises materially affecting health and safety; or
- (b) the tenant has organized or become a member of a tenants' union or similar organization (§ 76-1439(1)).
Note: a complaint to the landlord is not, by itself, a listed trigger here (unlike some URLTA states). If the landlord retaliates, the tenant is entitled to the § 76-1430 remedies (possession or termination, three months' periodic rent as liquidated damages, and a reasonable attorney's fee) and has a defense in any action against the tenant for possession (§ 76-1439(2)). The old page's "one month's rent plus $500, moving costs, and injunctive relief" figure appears nowhere in §§ 76-1439, 76-1440, or 76-1430 and is removed. The section expressly does not prohibit reasonable rent increases or service changes notwithstanding a listed act. And notwithstanding subsections (1) and (2), the landlord may still bring a possession action if (a) the code violation was caused primarily by the tenant's (or the tenant's household's or a consent guest's) lack of reasonable care, (b) the tenant is in default in rent, or (c) code compliance requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the unit (§ 76-1439(3)) — without being released from § 76-1425(2) damages liability. Section 76-1439 states no time window (no 180-day or one-year presumption period appears in its text), so timing is evidence, not a safe harbor: document the independent, pre-existing reason for every rent change, service change, and filing that follows a code complaint or organizing activity.
Discrimination: federal law and the Nebraska Fair Housing Act
The federal Fair Housing Act applies in Nebraska, and the Nebraska Fair Housing Act (§§ 20-301 et seq.; the operative list is § 20-318) must be stated exactly, because the old page got it wrong in both directions: it claimed the state list merely mirrors the federal classes with no additions. Section 20-318 makes it unlawful to refuse to sell or rent, refuse to negotiate, otherwise make a dwelling unavailable, discriminate in terms, conditions, privileges, services, or facilities, publish a discriminatory notice or advertisement, represent a dwelling is unavailable when it is, or make a written or oral inquiry or record concerning a protected characteristic, because of race, color, religion, national origin, disability, familial status, sex, or military or veteran status. Military or veteran status is a Nebraska addition with no federal Fair Housing Act counterpart — the section's source line records Laws 2021, LB540 and Laws 2025, LB150 — and the Nebraska Equal Opportunity Commission's housing guidance lists the same eight classes.
Two precision points. Ancestry is not in the § 20-318 housing list — it appears in neighboring provisions (the public-accommodations list, and § 20-317's wider restrictive-covenant wording, which adds creed and ancestry), and guides that copy it into the housing list are importing it from adjacent sections. State the housing list as § 20-318 states it, and never let a screening file turn on any such characteristic. And the old page's Lincoln security-deposit-deduction rules claim, and any Omaha or Lincoln class additions, could not be verified against ordinance text and are not stated — that is not a finding that no local ordinance exists: check your city's municipal code, the one layer this state-statute guide does not settle. The Act's exemptions sit at § 20-322 (religious organizations, bona fide private clubs, an owner renting no more than four sleeping rooms in the owner's own home, and housing for older persons, among others). Apply identical written criteria to every applicant, document decisions, and make no exceptions. Our fair housing guide covers what you can and can't ask.
What the legislature has — and has not — done
- Enacted: LB433 (2019) — the deposit and notice amendments in the source lines of § 76-1416 (§ 1) and § 76-1431 (§ 2): automatic 14-day returns and the current nonpayment framework. Not 2023, and no separate LB434 appears in either section's history.
- Enacted: LB320 (2021) — the tenant-protection package: the § 76-1423 entry purpose-and-window language, the § 76-1431(5) domestic-violence exceptions, the §§ 76-1431.01/.02 release and perpetrator-removal sections, and possession-procedure changes at § 76-1441 (LB320 § 7).
- Enacted: LB185 (2025) — the electronic-notice rebuild at § 76-1413, with September 3, 2025 consent grandfathering at subsections (13) and (14).
- Enacted: LB540 (2021) and LB150 (2025) — the amendments behind the current § 20-318 fair-housing list, including military or veteran status.
- Not enacted: LB469 (2025) — introduced January 21, 2025, it would have required the State Court Administrator to prepare a resource form (legal assistance, financial resources, discrimination reporting) by January 1, 2026, for landlords to include in eviction notices beginning February 1, 2026. It received a Judiciary Committee hearing on February 20, 2025; the current text of § 76-1401 contains no such section or duty. No form is required; do not staple one on the strength of a bill summary.
- Not enacted: LB266 (2025) — the rent-control preemption bill described above. Nebraska landlords operate with no state rent cap and no enacted state shield against a future local ordinance; both halves of that sentence matter.
Small-landlord practical checklist
1. Calendar the 14-day deposit clock at termination, not at move-out paperwork time. It is automatic, no demand is needed, and the willful tier adds the lesser of one month's rent or twice the deposit on top of the amount due, costs, and fees (§ 76-1416).
2. Handle unclaimed refunds correctly: a mailing returned undeliverable is abandoned property for the State Treasurer under the first trigger; a delivered-but-uncashed balance becomes abandoned after one year outstanding — never 30 days.
3. Replace every 3-day nonpayment form with the 7-calendar-day § 76-1431(2) form today. Count calendar days, including weekends.
4. Build § 76-1431(1) notices in two dates: cure by day 14, termination no earlier than day 30 after receipt — and file the first notice even on a cure, because the 14-day no-cure repeat rung within six months depends on it.
5. Before any § 76-1431(4) five-day filing, run the subsection (5) check: protective order sought, police report made, or VAWA certification received by a non-perpetrator tenant or household member stops the filing; against a perpetrator cotenant, use § 76-1431.02 and serve only the perpetrator.
6. Write entry notices to § 76-1423(3) spec: 24 hours, written, to each unit, purpose stated, reasonable anticipated window stated, reasonable time of entry.
7. Do not import the mobile-home 60-day increase rule (§ 76-1490) into a house or apartment file — and do not promise a tenant (or yourself) that state law bars local rent control. Neither statement survives the statute book.
8. Keep a date-stamped written maintenance log. Section 76-1419 duties trigger on written or actual notice, § 76-1425 gives the tenant a 30/14 termination track and damages, § 76-1427 adds the essential-services elections, and § 76-1428 lets the tenant litigate all of it inside your possession case.
9. Never touch the locks or the utilities. Section 76-1436 bars self-help possession and § 76-1430 prices an ouster or willful service cut at three months' rent plus fees — the same measure retaliation borrows under § 76-1439.
10. Treat a § 76-1431.01 release packet as a clock, not a dispute: documentation plus written notice, release date 14 to 30 days out, rent owed only through the termination month, no termination fee, no post-release liability for the released tenant.
The bottom line
Nebraska is a procedural state with short, exact clocks: a one-month deposit cap (plus a quarter-month pet deposit), an automatic 14-day return with a lesser-of liquidated-damages tier for willful failures, a 7-calendar-day nonpayment notice, a 30/14 cure structure for other breaches, a 5-day no-cure track for violent criminal activity hedged by real victim-protection exceptions, and a 24-hour entry notice that must state its purpose and window. The traps are mostly bibliographic: a mobile-home 60-day rule cited as general law, a rent-control preemption that exists only as a bill, a retaliation penalty copied from another state, a returned-check fee in a subsection that does not exist, and two genuinely important 2021 reforms — entry specificity and the domestic-violence release — that older guides still describe as pending. Work from the current statute text, respect the clocks, and Nebraska's system is predictable for both sides.
FAQ
What is the security deposit cap in Nebraska?
One month's periodic rent, plus a pet deposit of up to one-fourth of one month's periodic rent when appropriate (§ 76-1416(1)). The cap reaches security "however denominated," and it does not apply to housing agencies organized or existing under the Nebraska Housing Agency Act. Check a planned deposit against Nebraska's one-month cap (plus the quarter-month pet add-on) with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.
How long does a Nebraska landlord have to return a security deposit?
Fourteen days after the date of termination of the tenancy, the landlord must deliver or mail the balance, if any, and a written itemization (§ 76-1416(2)). No tenant demand is required. If the tenant gave no mailing address or instructions, the landlord mails both, by first-class mail, to the tenant's last-known mailing address.
What is the penalty for late return of a Nebraska security deposit?
For any failure to comply with § 76-1416(2), the tenant recovers the property and money due, court costs, and reasonable attorney's fees. If the failure is willful and not in good faith, the tenant also recovers liquidated damages equal to one month's periodic rent or two times the security deposit, whichever is less (§ 76-1416(3)).
How much notice is required for nonpayment of rent in Nebraska?
Seven calendar days. If rent is unpaid when due and the tenant fails to pay within seven calendar days after written notice of nonpayment and of the landlord's intention to terminate if it is not paid, the landlord may terminate (§ 76-1431(2)). Older 3-day forms predate LB433 (2019) and are wrong. To run these same dates for your own case — the 7-calendar-day nonpayment window under § 76-1431(2), the complaint for restitution under § 76-1441, and the summons served within 3 days and returnable within 5, excluding nonjudicial days, under § 76-1442 — use the Eviction Timeline Calculator.
What notice ends a Nebraska month-to-month tenancy?
Written notice given at least 30 days prior to the periodic rental date specified in the notice, by either party (§ 76-1437(2)). A week-to-week tenancy takes 7 days (§ 76-1437(1)).
How much notice must a Nebraska landlord give before raising rent?
The URLTA sets no stand-alone increase notice for ordinary dwellings; on a periodic tenancy the increase is delivered through the § 76-1437 framework (30 days month-to-month). The 60-day written increase notice at § 76-1490 applies only under the separate Mobile Home Landlord and Tenant Act.
Is there rent control in Nebraska?
No statewide rent control exists, and the URLTA caps neither rent nor increases. But the common claim that Nebraska law bars local rent-control ordinances is not verified enacted law: a preemption bill (LB266) was introduced in 2025 on the stated ground that Nebraska lacked such a prohibition, and it is not in the current statutes. Check the ordinances of the city your unit is in.
How much notice must a Nebraska landlord give before entering?
At least 24 hours' written notice, provided to each individual unit, stating the intended purpose of entry and a reasonable period during which the landlord anticipates making entry, with entry only at reasonable times — except in an emergency or where notice is impracticable (§ 76-1423(3)).
Can a Nebraska tenant repair and deduct?
Not generally. The Nebraska Act contains no general repair-and-deduct or rent-withholding right. The one deduct remedy is § 76-1427: after written notice of a deliberate or negligent failure to supply running water, hot water, heat, or essential services, the tenant may procure reasonable amounts of the service and deduct the actual and reasonable cost from rent — or elect diminution damages, or substitute housing with rent excused. Other landlord noncompliance runs on § 76-1425: written notice, a termination date not less than 30 days after receipt, and a 14-day remedy window, plus damages and injunctive relief.
Can a Nebraska landlord change the locks or shut off utilities to force a tenant out?
No. Section 76-1436 bars recovering possession except on abandonment, surrender, or as the Act permits, expressly including willful diminution of services. A tenant unlawfully removed or excluded, or subjected to a willful and wrongful service interruption, may recover possession or terminate and recover three months' periodic rent as liquidated damages plus a reasonable attorney's fee (§ 76-1430).
Can a domestic-violence victim break a Nebraska lease early?
Yes — enacted law, not a pending bill. Under § 76-1431.01 (LB320, 2021), a victim tenant (or a tenant whose household member is a victim) may obtain a release by giving the landlord a protective or restraining order (or a qualifying third-party certification) plus written notice choosing a release date 14 to 30 days out. The tenant owes rent only for the termination month and nothing after the release date, and no termination fee may be charged. Section 76-1431.02 separately provides perpetrator-cotenant removal, against the perpetrator only, with a new lock.
Does Nebraska law punish retaliation against tenants?
Yes. Under § 76-1439 a landlord may not increase rent, decrease services, or bring or threaten a possession action after the tenant complains to a housing-code enforcement agency about a material health-and-safety violation, or organizes or joins a tenants' union. The tenant gets the § 76-1430 remedies — possession or termination plus three months' periodic rent as liquidated damages and a reasonable attorney's fee — and a defense in a possession action. The frequently copied "one month's rent plus $500" penalty is not Nebraska law, and § 76-1439 states no fixed time window.
Primary sources
- Neb. Rev. Stat. § 76-1416 (Nebraska Legislature, official) — deposits: cap, pet deposit, 14-day return, unclaimed-property rule, base and willful-tier recoveries, successor liability; Laws 2019, LB433, § 1; Laws 2021, LB532, § 7.
- Neb. Rev. Stat. § 76-1431 (Nebraska Legislature, official) — the termination ladder: 30/14 cure, 7-day nonpayment, 5-day violent-activity track, subsection (5) exceptions.
- Neb. Rev. Stat. § 76-1423 (Nebraska Legislature, official) — access: 24-hour written per-unit notice with purpose and anticipated window.
- Neb. Rev. Stat. § 76-1437 (Nebraska Legislature, official) — periodic termination (7 / 30 days) and willful holdover damages.
- Neb. Rev. Stat. § 76-1439 (Nebraska Legislature, official) — retaliation: triggers, § 76-1430 remedies, preserved possession actions.
- Neb. Rev. Stat. § 76-1419 (Nebraska Legislature, official) — landlord duties and the limits on shifting them.
- Neb. Rev. Stat. § 76-1425 (Nebraska Legislature, official) — tenant remedies for landlord noncompliance (30/14 termination; damages).
- Neb. Rev. Stat. § 76-1427 (Nebraska Legislature, official) — essential services: procure-and-deduct, diminution, substitute housing.
- Neb. Rev. Stat. § 76-1428 (Nebraska Legislature, official) — noncompliance as a defense; counterclaim and rent-into-court.
- Neb. Rev. Stat. § 76-1430 (Nebraska Legislature, official) — unlawful ouster: 3 months' rent liquidated damages plus fees.
- Neb. Rev. Stat. § 76-1436 (Nebraska Legislature, official) — recovery of possession limited (no self-help).
- Neb. Rev. Stat. § 76-1432 (Nebraska Legislature, official) — absence and abandonment (one rental period or 30 days).
- Neb. Rev. Stat. § 76-1431.01 (Nebraska Legislature, official) — domestic-violence release (Laws 2021, LB320, § 6).
- Neb. Rev. Stat. § 76-1431.02 (Nebraska Legislature, official) — perpetrator removal, lock duty, landlord good-faith shield.
- Neb. Rev. Stat. § 76-1414 (Nebraska Legislature, official) — agreement terms and defaults; subsection (5) death-of-tenant property procedure. No returned-check fee provision.
- Neb. Rev. Stat. § 76-1413 (Nebraska Legislature, official) — notice, receipt, and the LB185 (2025) electronic-delivery consent regime.
- Neb. Rev. Stat. § 76-1417 (Nebraska Legislature, official) — manager/owner disclosure at or before commencement.
- Neb. Rev. Stat. § 76-1429 (Nebraska Legislature, official) — fire or casualty: 14-day termination notice; proportional reduction.
- Neb. Rev. Stat. § 76-1441 (Nebraska Legislature, official) — complaint for restitution; and § 76-1442 — summons served in 3 days, returnable in 5, excluding nonjudicial days.
- Neb. Rev. Stat. § 76-1490 (Nebraska Legislature, official) — the 60-day increase notice, in the Mobile Home Landlord and Tenant Act only.
- Neb. Rev. Stat. § 20-318 (Nebraska Legislature, official) — Fair Housing Act unlawful acts and the exact class list, incl. military or veteran status; exemptions at § 20-322.
- Housing Law (Nebraska Equal Opportunity Commission) — the enforcing agency's list of the same eight classes and the one-year filing deadline.
More landlord-tenant law guides
- Landlord-tenant law by state
- Nebraska security deposit law
- Montana landlord-tenant law
- Nevada landlord-tenant law
- Missouri landlord-tenant law
- New Hampshire landlord-tenant law
This is general information, not legal advice. Consult a Nebraska landlord-tenant attorney for specific situations.