Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. This overview of key landlord-tenant laws in Nebraska will get you started.
Required Landlord Disclosures in Nebraska
Under Nebraska law, landlords must disclose specific information to tenants (usually in the lease or rental agreement), such as the identity of anyone authorized to act on the landlord’s behalf. For details, see Nebraska Required Landlord Disclosures.
Nebraska Security Deposit Limit and Return
Nebraska state law limits how much a landlord can charge for a security deposit (one month’s rent), when it must be returned (within 14 days after a tenant moves), and sets other restrictions on deposits. See Nebraska Security Deposit Limits and Deadlines for more on the subject.
Small Claims Lawsuits in Nebraska
Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of 3,500 until June 30, 2015. The amount is adjusted every five years based on the Consumer Price Index. See Filing a Security Deposit Lawsuit in Nebraska Small Claims Court for advice for tenants filing suit. Landlords defending a security deposit lawsuit should check out Nebraska Landlord’s Guide to Security Deposit Disputes in Small Claims Court.
Nebraska Rent Rules
State law regulates several rent-related issues, including how much time (three days in Nebraska) a tenant has to pay overdue rent or move before a landlord can file for eviction. For details, see Nebraska Termination for Nonpayment of Rent and Other Rent Rules.
Tenant Rights to Withhold Rent in Nebraska
Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Nebraska Tenant Rights to Withhold Rent or “Repair and Deduct”.
Nebraska Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a Nebraska tenant who has repeated the same act, that constituted a lease violation and for which notice was given, within six months an unconditional quit notice that gives the tenant 14 days to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in Nebraska.
Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in Nebraska
Several other landlord-tenant laws in Nebraska affect both property owners and renters, including:
- restrictions on landlord’s right to access rental property (Nebraska landlords must provide one day’s notice of entry)
- tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see Nebraska State Laws Prohibiting Landlord Retaliation for details)
- procedures for how landlords must handle abandoned property left behind by tenants, and
- fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).
Where to Find Nebraska Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you’ll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. To access the statutes, go to the Nebraska Laws and Legal Information section of the Nolo site and find the link to your state laws.
If you just want to browse through the Nebraska landlord-tenant law, you can find state statutes at Neb. Rev. Stat. §§ 76-1401 to 76-1449. You can search the table of contents for the landlord-tenant statutes. Or, if you don’t know the exact statute number, you can enter a keyword that is likely to be in it, such as “nonpayment of rent.”
In addition to accessing state laws via Nolo’s website, Nebraska statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school).
Local Ordinances Affecting Nebraska Landlords and Tenants
Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Many municipalities have websites —just search for the name of a particular city in Nebraska and then do a search when you’re on the site.
State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Nebraska.
Federal Landlord-Tenant Laws and Regulations
While most landlords and tenants will primarily be concerned with state law in Nebraska, several federal laws come into play. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 50 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations (“CFR”), also organized by subject into 50 separate titles.
To access the U.S. Code and Code of Federal Regulations online, see Nolo’s Federal Law Resources page. Also, the Cornell Legal Information Institute provides the entire U.S. Code as well as the Code of Federal Regulations. Finally, check USA.gov, the official U.S. website for government information.
Nolo Resources on Legal Research and Landlord-Tenant Law
Nolo’s Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. To go further, check out Legal Research: How to Find & Understand the Law, by Stephen Elias and the Editors of Nolo (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.