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Nebraska Renter Rights Overview

Rental laws in Nebraska cannot be called too different from the other states. However, some of their statutes may surprise you if you get used to the most popular practices.

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For example, state laws indicate the pet deposit maximum, allow landlords to enter the house if you’re absent for more than seven days, and forbid deducting costs for repair. This is just a brief overview of Nebraska landlord-tenant laws, let’s take a closer look at their ground rules.

Rental Application

  • Application fee: Non-refundable (no maximum amount indicated)
  • Rental agreement required: Not indicated
  • Screening rules: Written consent required

The application fees are usually non-refundable, yet the maximum amount of the application fees is not specified anywhere. As it usually works in most of the states, it should be ‘reasonable.’

While there is no exact rule regarding the need for a written rental agreement, you should note that you need to obtain written consent from your tenant to run the background check and screening.

The procedure requires you to have it signed by your tenant before you start the screening process.

Security Deposit

  • Pet deposit maximum: 1.25-month rent
  • Security deposit maximum: 1-month rent
  • Return deposit deadline: 14 days
  • Security deposit interest: Not indicated
  • An itemized list of charges & damages: Yes
  • Landlord move-out inspection: Not indicated
  • Legal reasons to keep security deposit: Yes

As we’ve already stated, Nebraska laws are pretty certain about the deposits. The security deposit should be no more than 1 month rent, and the pet deposit cannot be more than 1.25-month rent.

Once you move out of your apartment, your landlord is obligated to return your deposits within 14 days. Landlords are allowed to deduct the damages and cleaning charges. However, the itemized list of damages must be provided.

Security and Comfort

  • Smoke alarms: Required
  • Rekey requirements: Not indicated
  • Required notice before entry: 1-day notice
  • Entry while tenant is absent: Yes (during tenant’s absence of more than seven days)

According to the latest law submissions, the state of Nebraska requires landlords to install carbon monoxide detectors in all residences that are sold, rented, or significantly renovated.

In case your landlord wants to enter your premise, he/she will have to provide you with a 1-day notice. He/She is allowed to enter while you’re absent if you’re not visiting your premise for seven and more days.

Rental Payments

  • Maximum rent: No rent control
  • Late fees: Agreed in the lease
  • Rent increaseAgreed in the lease
  • Right to withhold rent for failure to provide essential services (Water, Heat, etc.): Yes
  • Tenant’s right to repair and deduct rent: No

There is no such thing as rent control in Nebraska. Therefore, there is no maximum amount of rent that landlords are allowed to charge you.

Late fee punishments and rent increase notifications should be disclosed in the rental agreement to avoid misunderstandings.

If your landlord fails to provide you with essential services like heat, water, etc., you’re allowed to withhold rent. Before that, you’ll have to provide your landlord with a written notification of the violation. There is no maximum amount indicated in the laws, yet the amount should be reasonable.

Lease Terminations

  • Notice to terminate lease: 30 days’ notice
  • Eviction notice for not paying rent: 3-day notice
  • Eviction notice for lease violation: 30 days’ notice

You should always remember your rights regarding evictions and lease termination notices. Here are the time frames that you have to know as a tenant:

  • Fixed End Date in Lease: No notice is required as the lease simply ends.
  • Month-to-Month Lease: 30 days prior to the periodic rental date specified in the notice
  • Week-to-Week Lease: Seven days prior to the termination date specified in the notice

Landlord and Tenant Law
Official Nebraska Statutes
Nebraska Tenant Handbook

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only, and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.

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