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Tenant Rights in Nebraska

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

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 to deduct 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 the written rental agreement, you should note that you need to obtain a 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
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 more than 7 days)

According to the latest law submissions, state of Nebraska requires landlords to install the 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 7 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 fees punishments and rent increase notifications should be disclosed in the rental agreement to avoid misunderstandings.

If your landlord fails to provide you with the essential services like heat, water, etc., you’re allowed to withhold rent. Before that, you’ll have to provide your landlord with the 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 the 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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