Landlord Guide to Renting in Nebraska

Nebraska permits both written and oral lease agreements. However, under the Statute of Frauds (Neb. Rev. Stat. § 36-105), leases for a term exceeding one year must be in writing. The Uniform Residential Landlord and Tenant Act applies to most residential rental units and provides default terms that govern the landlord-tenant relationship.

• Oral leases are valid for terms of one year or less; longer terms must be in writing (Neb. Rev. Stat. § 36-105)
• Month-to-month tenancies are created when no fixed term is specified or after a lease expires without renewal
• Lease provisions that waive the landlord's obligation to maintain habitable premises are void (Neb. Rev. Stat. § 76-1415)
• Written leases should identify the parties, premises, rent amount, due date, security deposit, and landlord contact information

Under Neb. Rev. Stat. § 76-1416, the maximum security deposit for residential properties is one month's rent (or one month's rent plus one quarter of one month's rent if a pet is kept). Landlords must return the deposit within 14 days after the tenancy ends.

• Maximum deposit: one month's rent, or one and one-quarter months' rent if a pet is kept on the premises (Neb. Rev. Stat. § 76-1416)
• Deposit must be returned within 14 days after the tenant vacates and provides a forwarding address (Neb. Rev. Stat. § 76-1416)
• An itemized written statement of damages and charges must accompany any withheld amount
• No statutory requirement to hold deposits in a separate or interest-bearing account

Nebraska landlords must provide certain disclosures to tenants before or at the start of the tenancy. Federal lead paint disclosures apply to pre-1978 properties.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Disclosure of the name and address of the person authorized to manage the premises and to receive service of process and notices (Neb. Rev. Stat. § 76-1417)
• Disclosure of any known material defects that affect habitability
• If the landlord requires a move-in inspection, the tenant must be given the opportunity to participate

Rent is due on the date specified in the rental agreement. Nebraska does not mandate a statutory grace period. Late fees are permissible when provided for in the lease and must be reasonable in relation to the actual cost incurred by the landlord.

• Rent is due on the date stated in the lease agreement
• No statutory grace period for rent payments
• Late fees must be stated in the lease and be reasonable in amount
• Landlords must give a 3-day notice to quit before filing an eviction for nonpayment (Neb. Rev. Stat. § 76-1431)

Under Neb. Rev. Stat. § 76-1419, landlords must maintain the premises in a fit and habitable condition. This includes compliance with applicable building and housing codes, maintaining structural components, essential services, and common areas.

• Comply with all applicable building and housing codes materially affecting health and safety (Neb. Rev. Stat. § 76-1419)
• Maintain the roof, walls, foundation, plumbing, heating, electrical systems, and other structural components
• Provide and maintain running water, hot water, and reasonable heat
• Keep common areas in a clean and safe condition

Nebraska requires landlords to provide at least 24 hours' advance notice before entering a tenant's dwelling for non-emergency purposes. Entry must be at reasonable times and for lawful purposes as specified by statute.

• At least 24 hours' notice is required for non-emergency entry (Neb. Rev. Stat. § 76-1423)
• Entry must occur at reasonable times for repairs, inspections, or showing the unit
• Emergency entry is permitted without notice when there is imminent danger to persons or property
• Tenants cannot unreasonably refuse entry for legitimate purposes

Nebraska does not have rent control, and no local jurisdictions are authorized to adopt rent control ordinances. Landlords may increase rent at the end of a lease term or during a month-to-month tenancy with proper written notice.

• No statewide or local rent control in Nebraska
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies, at least 30 days' written notice is required before a rent increase takes effect (Neb. Rev. Stat. § 76-1437)
• Retaliatory rent increases are prohibited (Neb. Rev. Stat. § 76-1439)

Nebraska's notice requirements vary by the type of tenancy and the reason for termination, as specified in the Uniform Residential Landlord and Tenant Act.

• Month-to-month tenancy: 30 days' written notice by either party (Neb. Rev. Stat. § 76-1437)
• Fixed-term lease: terminates at the end of the lease term without additional notice unless the lease states otherwise
• Nonpayment of rent: 3-day written notice to pay or quit (Neb. Rev. Stat. § 76-1431)
• Material lease violation (other than nonpayment): 14-day written notice with an opportunity to cure within that period; if the violation recurs within 6 months, the lease may be terminated with 14 days' notice without opportunity to cure (Neb. Rev. Stat. § 76-1431)

Evictions in Nebraska are conducted as restitution of premises actions under Neb. Rev. Stat. §§ 76-1441 to 76-1449. Landlords must serve the required statutory notice before filing suit in court.

• Serve the appropriate statutory notice (3-day, 14-day, or 30-day depending on the grounds)
• File a complaint for restitution of premises in the county court where the property is located (Neb. Rev. Stat. § 76-1441)
• The court schedules a hearing; the tenant has the right to appear and contest the eviction
• If the court rules for the landlord, a writ of restitution is issued and executed by the sheriff

Nebraska landlords must return the security deposit within 14 days after the tenancy terminates and the tenant has vacated and provided a forwarding address (Neb. Rev. Stat. § 76-1416). An itemized statement of deductions must be provided with any amount withheld.

• Return deadline: 14 days after the tenant vacates and provides a forwarding address (Neb. Rev. Stat. § 76-1416)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear
• An itemized written statement of deductions must accompany any withheld portion
• Failure to comply may result in the landlord forfeiting the right to withhold any part of the deposit