Things landlords cannot do in Nebraska

Nebraska's Uniform Residential Landlord and Tenant Act draws hard lines around what an owner may do to a tenant. Depending on the violation, tenants may recover statutory or actual damages and attorney's fees. Most violations come from familiar habits, including changing a lock after missed rent or holding a deposit past the deadline. Landlords also create risk by copying lease clauses from friends in other states. Knowing the list protects your cash flow as much as it protects the person living in your unit.

What a landlord cannot do in Nebraska: the short list

Landlords searching for what they cannot do in Nebraska usually want the prohibited acts before the statutory background, so here they are. Every item comes from the Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449) or the Nebraska Fair Housing Act unless the citation says otherwise:

• Change the locks or pull a door to force a tenant out. You also cannot shut off water or gas for that purpose. The same rule applies to electricity. Only a court order removes a tenant (§§ 76-1430, 76-1436).
• Enter an occupied unit without at least 24 hours' written notice that states the purpose and a time window, except in an emergency (§ 76-1423).
• Collect a security deposit above one month's rent, or a pet deposit above one-fourth of a month's rent (§ 76-1416).
• Keep a deposit past 14 days after the tenancy ends, or return part of it without a written itemization (§ 76-1416).
• Raise rent or cut services because a tenant reported a code violation to a government agency or joined a tenants' union. You also cannot file for possession for either reason (§ 76-1439).
• Discriminate in rental decisions or deny a reasonable accommodation based on a protected class (§§ 20-318, 20-319).
• Charge a deposit or extra fee for a service animal (§ 20-131.04).
• Leave heat, hot water, plumbing, or electrical systems broken (§ 76-1419).
• Skip the statutory notice period before filing an eviction (§ 76-1431).
• Put a rights waiver, confession-of-judgment clause, attorney-fee clause, or negligence exculpation in a lease (§ 76-1415).
• Raise rent mid-lease, or raise it on a month-to-month tenant with less than 30 days' written notice (§ 76-1437).
• Seize a tenant's furniture or other household goods as a lien for unpaid rent (§ 76-1434).
• Begin a tenancy without giving the tenant written disclosure of the name and address of the person authorized to manage the premises and of an owner or authorized agent for service of process and notices (§ 76-1417).
• Skip the federally required lead-based paint disclosure for any unit built before 1978 (42 U.S.C. § 4852d).

No self-help evictions

A Nebraska tenant leaves one of two ways: voluntarily, or after a judge enters judgment and an officer executes a writ of restitution. Section 76-1436 bars you from recovering possession except where the tenant has abandoned or surrendered the unit, or where the URLTA itself permits it. It also bars you from willfully diminishing electric and gas service. The same protection applies to water service. Filing an eviction changes nothing on this front until the clerk issues the writ.

Whether the unit is a whole house or an accessory dwelling unit, Nebraska law stands firmly against self-help. The remedy sits in § 76-1430, which covers a landlord who unlawfully removes or excludes a tenant, or who willfully and wrongfully diminishes an essential service. Section 76-1419 governs repair duties. Section 76-1430 supplies the lockout remedy.

A tenant who wins under § 76-1430 recovers:

• Three months' periodic rent as liquidated damages
• Reasonable attorney's fees
• Either possession of the premises or termination of the rental agreement, at the tenant's choice
• All prepaid rent and the security deposit, if the tenant terminates

The Nebraska Supreme Court applied this in Vasquez v. CHI Properties, 302 Neb. 742 (2019), where a landlord interrupted water service and demanded the tenants leave. The court held the tenants stated a wrongful ouster claim and that "nothing in these sections requires a specific notice of termination of a rental agreement." A tenant does not need to send you a formal termination letter before suing over a shutoff.

No entry without 24 hours' notice

Under § 76-1423(3), you must give at least 24 hours' written notice to each individual unit before entering, and the notice must state the purpose of the entry and a reasonable period during which you expect to enter. Nebraska lawmakers added the purpose and time-window requirements through the 2021 amendment (LB320), so a text reading "stopping by tomorrow" no longer satisfies the statute. Nebraska lawmakers passed LB185 in 2025, authorizing electronic delivery of URLTA notices.

Entry must happen at reasonable times. The statute leaves that phrase undefined; Legal Aid of Nebraska's Landlord Tenant Handbook reads it as normal daytime business hours and says a landlord "cannot enter a unit at unreasonable times, like during the night."

You may enter without notice or consent in an emergency. The statute does not define emergency either, and Legal Aid's examples are a broken pipe flooding the building or smoke coming from the unit. Section 76-1423(4) also drops the notice requirement when the tenant has abandoned or surrendered the premises, when a court orders entry, or as § 76-1432(2) permits.

Repeated demands for entry that harass a tenant count as abuse of access even when you properly notice each entry. Section 76-1438(2) lets the tenant seek an injunction against further entries or terminate the lease, and in either case recover actual damages of not less than one month's rent plus reasonable attorney's fees.

Deposit limits: what a landlord cannot charge or keep

Nebraska lawmakers last amended § 76-1416 through LB532 in 2021. Under that section, you face both a ceiling on what you can collect and a deadline for giving it back:

• Rule | Requirement under § 76-1416
• Maximum security deposit | One month's periodic rent
• Maximum pet deposit | One-fourth of one month's periodic rent, on top of the security deposit, and only 'when appropriate'
• Return deadline | Balance and written itemization delivered or mailed within 14 days after the tenancy terminates
• Itemization | Written itemization required with any balance returned
• Permitted deductions | Unpaid rent and damage beyond ordinary wear and tear; ordinary wear and tear cannot be deducted
• No forwarding address | Mail by first-class mail to the tenant's last-known mailing address
• Basic remedy for noncompliance | Property and money due, court costs, and reasonable attorney's fees
• Willful bad-faith noncompliance | Additional liquidated damages of one month's rent or twice the deposit, whichever is less
• Exception | Caps do not apply to housing agencies under the Nebraska Housing Agency Act

The 14-day clock starts when the tenancy terminates. It does not wait for a written demand or for the tenant to hand over keys. The Nebraska Supreme Court settled this in Hilliard v. Robertson, 253 Neb. 232 (1997): the 14-day language "refers to the time allowed the landlord to return the deposit, not the time in which a demand must be made by the vacating tenant." Vasquez added that termination "can occur in many ways other than the process described by § 76-1425."

A demand still matters for the tenant's recovery. Under Mason v. Schumacher, 231 Neb. 929 (1989), a tenant seeking the deposit plus attorney fees must show the landlord failed to comply with a demand, and a counterclaim in court counts as that demand. Once the tenant prevails, the judge must award the fee. Lomack v. Kohl-Watts, 13 Neb. App. 14 (2004), held the tenant "is entitled to recover reasonable attorney fees under subsection (3) of this section as a matter of right."

If you buy an occupied property, you inherit this obligation. As "the holder of the landlord's interest in the premises at the time of the termination of the tenancy," you remain bound whether or not the seller ever transferred the deposit funds to you.

No retaliation for code complaints or tenant organizing

Section 76-1439 protects two tenant activities: complaining to a government agency about a housing code violation that materially affects health and safety, and organizing or joining a tenants' union or similar organization. Nebraska lawmakers did not include complaints made only to you as protected activity under the statute.

After either protected act, you may not increase rent or decrease services. You also may not bring or threaten an action for possession. The timing is what a court looks at; a rent increase mailed the week after a code inspector visits will draw scrutiny even if you had planned it for months.

A tenant who proves retaliation gets the same package § 76-1430 provides for lockouts, plus a defense in any possession action you file. Section 76-1425(2) adds damages and injunctive relief for willful noncompliance, with attorney's fees. In Vasquez, the Supreme Court held that tenants who alleged the landlord demanded they vacate or pay after they complained to housing authorities had pleaded a sufficient retaliation claim.

Nebraska lawmakers preserved several grounds for bringing a possession action despite protected activity. Under § 76-1439(3), you may still act if the tenant's lack of reasonable care primarily caused the code violation. A rent default also permits a possession action. The same applies if compliance requires alteration or remodeling that would deprive the tenant of use of the unit, as well as when compliance requires demolition. Landlords may also make "reasonable rent increases or changes in services" notwithstanding the protected activity, so a portfolio-wide increase tied to your renewal calendar is defensible if you can document it.

No housing discrimination or assistance-animal violations

The Nebraska Fair Housing Act, § 20-318, prohibits housing discrimination based on race, color, religion, national origin, disability, familial status, sex, or military or veteran status. Military or veteran status is the one class outside the federal Fair Housing Act's seven. Nebraska lawmakers enacted LB 150 to add it effective September 3, 2025. HUD has also announced it reads the federal "sex" prohibition to include sexual orientation and gender identity under Bostock v. Clayton County.

Two state exemptions exist under § 20-322: rentals of four or fewer sleeping rooms in an owner-occupied dwelling, and housing "intended and operated for occupancy by at least one person fifty-five years of age or older per unit." Section 20-113 lets cities go further than the state, and both large cities do:

• Omaha Municipal Code Chapter 13 adds age, creed, marital status, sexual orientation, and gender identity. Complaints go to the Omaha Human Rights and Relations Department within 365 days.
• Lincoln protects marital status, ancestry, sex including sexual orientation and gender identity, and, after a May 6, 2025 ballot initiative amending Title 11, lawful source of income for housing costs. Lincoln law protects age in employment only.

Tenants must submit complaints under state law to the Nebraska Equal Opportunity Commission (NEOC) within one year of the harm. NEOC enforces the federal Act as well under a work-sharing agreement with HUD.

Assistance animals are the discrimination claim small landlords lose most often. Section 20-319 makes "refusing reasonable accommodations in rules, policies, practices, or services" a form of disability discrimination, and § 20-131.04 says a housing provider "shall not charge an additional deposit" for a service animal. The § 76-1416 pet-deposit authority does not reach these animals; as Legal Aid puts it, "An assistance animal is not a pet." The tenant remains "liable for any damage done to such premises by such animal." You can pursue a damage claim after move-out, but you cannot collect a deposit up front.

When the disability is not obvious, you may ask for information showing a disability and a disability-related need for the animal, typically a letter from a treating medical professional. You may not demand medical records or details about the severity of the condition, according to Disability Rights Nebraska. You can deny a request where the animal poses a direct threat based on objective evidence. You may also deny one that would impose an undue financial and administrative burden. A request may also be denied if it would alter the nature of your operations.

Federal enforcement shifted in 2025 and 2026. HUD withdrew its 2020 assistance-animal notice effective September 17, 2025. The May 22, 2026 Trainor enforcement guidance states FHEO will recommend charges only for animals trained to provide disability-related assistance; requests to waive pet policies for untrained emotional support animals "are not" presumptively reasonable under that guidance.

Nebraska lawmakers have not changed §§ 20-131.04 and 20-127. NEOC has previously issued reasonable-cause findings against landlords who treated emotional support animals as pets.

A Nebraska landlord who relies on the federal shift alone still faces state exposure.

No ignoring repairs: habitability and essential services

Nebraska lawmakers imposed six duties through § 76-1419(1), and neglecting any of them violates the statute. You must:

• Substantially comply, after written or actual notice, with applicable minimum housing codes that materially affect health and safety
• Make all repairs needed, after written or actual notice, to keep the premises fit and habitable
• Keep common areas clean and safe
• Maintain electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other supplied facilities and appliances, including elevators, in good and safe working order
• Provide and maintain garbage receptacles and arrange for removal
• Supply running water, reasonable amounts of hot water at all times, and reasonable heat, unless the building is not required to have them or the tenant controls the installation

Vasquez held that the code-compliance and general repair duties in (1)(a) and (1)(b) require written or actual notice first. The systems-maintenance duty in (1)(d) and the water-and-heat duty in (1)(f) apply without notice. You become responsible for a furnace that fails in January as soon as it stops working.

Where a local housing code applies, it determines your maximum duty under (1)(a). Omaha's adopted 2018 International Property Maintenance Code requires 68°F in habitable rooms and bathrooms, landlord-supplied heat from October 1 to May 1, and hot water capable of at least 110°F. Lincoln's 2012 IPMC with local amendments requires 70°F measured three to five feet above the floor from October 1 through April 30, dropping to 68°F when the monthly average outdoor temperature is below 30°F.

Local codes supply pest-control requirements absent from § 76-1419. Omaha's IPMC § 309.2 makes the owner "responsible for pest elimination within the structure prior to renting or leasing the structure" and for shared areas in multi-unit buildings. Lincoln's § 309.1 requires structures be "kept free from insect and rodent infestation." Courts treat mold as a general habitability breach: Vasquez held a water leak and mold condition did not qualify as a failure of "running water, hot water, or heat, or essential services." The tenant's remedy therefore ran through § 76-1425.

The Act allows limited contractual shifts. In a single-family rental, § 76-1419(2) lets a good-faith written agreement for consideration move garbage removal and the supply of heat and hot water to the tenant, along with specified repairs. Landlords cannot shift the code-compliance, habitability, common-area, and systems duties in (1)(a) through (1)(d). In multi-unit buildings, § 76-1419(3) requires a separate signed writing with adequate consideration that does not diminish your obligations to other tenants.

Habitability failures also create insurance gaps. A DP3 policy may cover sudden and accidental water damage, subject to the policy's terms and exclusions. Policies may limit or exclude gradual leaks and mold. They exclude pest infestations. If you have not reviewed your Nebraska rental property insurance against these duties, that is the place to start. Get a quote in minutes. You do not need to call.

Eviction notice periods a landlord cannot skip

Nebraska lawmakers amended § 76-1431 through LB320 in 2021. Under that section, you must serve the required notice before filing for possession. If the notice is defective, the court can dismiss the action, requiring you to serve a new notice:

• Notice type | Days required | Tenant may cure? | Statute
• Pay-or-quit (nonpayment) | 7 calendar days | Yes, by paying within 7 days | § 76-1431(2)
• Comply-or-quit (material noncompliance) | 14 days to cure; termination not less than 30 days after receipt | Yes, within 14 days | § 76-1431(1)
• Repeat of same violation within 6 months | At least 14 days | No | § 76-1431(1)
• Unconditional quit (assault, weapons, controlled substances, safety threats) | 5 days | No | § 76-1431(4)
• End a week-to-week tenancy | At least 7 days | Not applicable | § 76-1437(1)
• End a month-to-month tenancy | At least 30 days before the periodic rental date | Not applicable | § 76-1437(2)

LB433 changed the pay-or-quit period from three days to seven in 2019, so any form you downloaded before then is wrong. The Nebraska Supreme Court confirmed the 30-day month-to-month rule in Johnson v. Vosberg, 316 Neb. 658 (2024).

The five-day unconditional notice has a domestic violence carve-out. Under § 76-1431(5), you cannot use it against a tenant when a third party committed the conduct and the tenant sought a protective order or reported the activity to law enforcement. A tenant may also qualify by obtaining certification from a qualified third party under the federal Violence Against Women Act. The exception does not protect a tenant who is the perpetrator.

Once notice expires, the clerk, process server, court, and enforcing officer must follow the deadlines in §§ 76-1441 to 76-1446. A sheriff or process server must serve the summons within 3 days of issuance, excluding nonjudicial days, and must return the summons within 5. The court holds the hearing not less than 10 nor more than 14 days after the summons issues. If you win, the clerk issues the writ of restitution at your request, and the officer restores possession on a date not more than 10 days after the writ issues. A willful holdover tenant can owe you up to three months' rent or three times your actual damages, whichever is greater, plus attorney's fees, under § 76-1437.

Lease clauses that are void in Nebraska

Nebraska lawmakers made four kinds of lease provisions unenforceable through § 76-1415(1). Under § 76-1415(2), a landlord who "deliberately" uses a lease with provisions "known by him or her to be prohibited" faces liability for actual damages and attorney's fees. The four categories, with wording to search your own lease for:

• Waiver or forfeiture of rights or remedies under the URLTA. Example: "Tenant waives all rights and remedies under the Nebraska Uniform Residential Landlord and Tenant Act."
• Authorization for any person to confess judgment on a claim arising from the lease. Example: "Tenant authorizes Landlord's attorney to appear and confess judgment against Tenant for any sums due."
• Agreement to pay the landlord's or tenant's attorney's fees. Example: "In any action to enforce this lease, the prevailing party shall recover reasonable attorney's fees."
• Exculpation, limitation of liability, or indemnification for the landlord's active and actionable negligence. Example: "Tenant releases Landlord from all liability for injury or property damage on the premises, regardless of cause."

The attorney-fee ban tracks Nebraska's broader American rule. In Stewart v. Bennett, 273 Neb. 17 (2007), the Supreme Court refused to enforce a lease clause awarding fees to the prevailing party. Statutory fees under the URLTA follow a separate rule. Per Lomack, the court must award them once a tenant prevails.

Nebraska lawmakers placed two related prohibitions elsewhere in the Act. They abolished landlord liens on household goods and distraint for rent through § 76-1434, so a clause claiming the tenant's belongings as security for rent is void. They also barred lease terms purporting to authorize self-help recovery of possession through § 76-1436. These rules cover residential leases only; Bedrosky v. Hiner, 230 Neb. 200 (1988), held that courts read commercial exculpatory clauses under ordinary contract principles.

Required landlord disclosures you cannot skip in Nebraska

Nebraska law requires one category of disclosure for every residential tenancy. Federal law adds another category for older housing. Neither is optional, and neither can be waived by lease language.

Identification disclosure under § 76-1417

At or before the start of the tenancy, you must give the tenant a written statement identifying the name and address of the person authorized to manage the premises, and the name and address of an owner of the premises, or a person authorized to act for and on behalf of the owner, for purposes of service of process and receiving notices and demands. If you use a property manager or agent to sign the rental agreement, that person carries the same obligation.

You must also keep that information current. If the owner or authorized agent changes, the new owner or agent must provide updated information in writing. The URLTA's repair, noncompliance, and termination remedies require the tenant to serve written notice on an identified person. A tenant who cannot identify the right person cannot trigger those remedies. County courts place that disclosure burden on you.

There is no fixed statutory penalty for a § 76-1417 violation standing alone. To pursue the general remedies in § 76-1425, the tenant delivers written notice specifying the breach. You have 14 days to cure, and if you do not, the tenancy terminates no sooner than 30 days after the tenant's notice was received. On top of that, the tenant may recover damages, seek injunctive relief, and, if your noncompliance was willful, collect reasonable attorney's fees.

Federal lead-based paint disclosure for pre-1978 housing

If your rental unit was built before 1978, federal law under Title X (42 U.S.C. § 4852d), implemented at 40 C.F.R. Part 745 and 24 C.F.R. Part 35, requires you to do all of the following before the tenant becomes obligated under the lease:

• Disclose any known lead-based paint and lead-based paint hazards in the dwelling
• Provide the tenant with any available records or reports pertaining to lead-based paint or hazards in the unit
• Give the tenant the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Include a signed Lead Warning Statement and completed disclosure form as an attachment to the lease
• Retain that signed attachment for at least three years

The federal rule exempts housing built in 1978 or later and zero-bedroom units, such as studio efficiency units. It also exempts housing certified as lead-free by an accredited inspector. If your property does not fall into one of those categories, the exemption does not apply to you. Federal lead-disclosure law supplements Nebraska law.

Both disclosures are mandatory paperwork duties. Fix a missing identification disclosure or lead pamphlet in the lease packet before move-in; waiting until a county court hearing costs more.

Fees and rent increases a landlord cannot impose

Nebraska has no statewide rent control. Nebraska enacted LB 266 on April 7, 2025, preventing cities from adopting it. Nebraska lawmakers stated in § 13-331(2) that a local government "shall not have the power to enact or enforce any ordinance which would have the effect of imposing rent controls on private property," and any such ordinance "is null and void." The two exceptions cover inclusionary-housing or land-use ordinances aimed at affordable supply and programs a property owner "voluntarily and contractually agrees to participate in." Neither Omaha nor Lincoln has a rent cap on the books; at a January 29, 2025 legislative hearing, Omaha's housing manager said the city's Housing Affordability Action Plan "does not recommend rent control."

Nebraska leaves the amount of a rent increase uncapped and regulates the notice period. You cannot raise rent during a fixed-term lease; Legal Aid states flatly that "your landlord cannot increase your rent during the time that you are under the rental agreement." Month-to-month tenants must receive at least 30 days' written notice of an increase, delivered at least 30 days before the next rent payment is due. Week-to-week tenants get at least 7 days under § 76-1437.

Late fees have no statutory cap and no mandated grace period. The Nebraska Legislative Research Office confirms that rental contracts may include late fees under § 76-1414(1), which lets parties agree to any term not prohibited by the URLTA or other law. Nebraska lawmakers indefinitely postponed LB17 on April 17, 2026; the bill would have capped late fees at 5% of the past-due payment or $50, whichever is less. Courts may still reject the amount. A court may refuse to enforce an unconscionable provision or "limit the application of any unconscionable provision to avoid an unconscionable result" under § 76-1412, and Nebraska's liquidated-damages case law treats an excessive late charge as an unenforceable penalty.

Returned-check fees follow the same logic. Lawmakers moved the old statutory NSF provision to § 45-1002, then repealed it through LB474 in 2025. Section 28-611 sets a $10 fee plus reasonable bank charges. That amount applies only in criminal and voluntary restitution contexts, so it does not cap what a lease may charge. Sections 76-1414(1) and 76-1412 govern contractual NSF fees through lease terms and unconscionability review.

Nonrefundable application and move-in fees sit in the same territory. The URLTA caps deposits under § 76-1416. No separate ceiling applies to fees, so a fee that functions as a disguised second deposit invites an unconscionability challenge.

Omaha and Lincoln rules on top of state law

Omaha requires you to register every rental property inside city limits and the three-mile extraterritorial jurisdiction with the Permits and Inspections Division under Ordinance 41767 (Omaha Municipal Code Chapter 48, effective January 1, 2020). The city charges no registration fee, and the registration remains in effect until you transfer the property.

Inspections cost $125 per unit. The city charges another $125 for a missed or unscheduled inspection not rescheduled within seven calendar days unless the tenant refused consent.

The city places properties with unremedied code violations, or those that failed to register within 90 days, on an annual inspection track. The city inspects everyone else once during the ten-year period that began in 2022 and once every ten years after. City inspectors examine every unit in single-family and duplex properties. For multifamily properties, they examine a representative sample of at least 15% of units. If more than 20% of the sample has violations, they expand the inspection to every unit. The city must give you and your tenant at least 14 days' written notice of the inspection date. Violations carry a fine of up to $500, up to six months in jail, or both under Section 48-53.

An Omaha tenant with an unsafe unit calls Housing Enforcement at (402) 444-5371, extension 2070, or the Accela complaint line at (402) 444-5150, option 3. A tenant may also visit 1819 Farnam Street, Omaha, NE 68183.

Lincoln takes a lighter approach to registration and a heavier one to larger buildings. Lincoln requires rental registration only after the city opens an investigation into a property. Buildings with three or more rental units need an apartment license under Chapter 5.38 with yearly fees; annual inspections cover exterior and common areas, and interior inspections happen on complaint. Effective January 30, 2026, R2 buildings with more than 16 units that must have a fire alarm system also need electronic monitoring.

Lincoln directs tenants through four complaint steps: the tenant contacts the landlord or property manager first, then calls Building & Safety at 402-441-7521 with the address and a description of the conditions. A housing inspector then visits, and the inspector determines whether a violation exists. Tenants can also report through UPLNK, the city's mobile platform. The City Council postponed a vote on a broader rental housing ordinance in 2025 for further negotiation between renter groups and landlords, so watch for changes.

If you also list a unit for short stays, the local property rental law for short-term rentals adds its own permit and tax layer on top of these housing-code rules.

What to do if your landlord breaks these rules

Nebraska provides no general right to withhold rent or repair and deduct. Section 76-1427 creates narrow exceptions for essential-service failures after written notice. Legal Aid tells tenants to keep paying on time even while repairs stall, because the landlord "could still go to court to evict you for not paying rent." The remedies that do exist are specific, and using the right one matters. A fuller walkthrough of tenant rights in Nebraska covers the day-to-day duties on both sides; the steps below cover enforcement.

1. Put the problem in writing. Tenants must give written notice to the landlord for the essential-services remedy in § 76-1427 and for termination under § 76-1425(1). A tenant may seek damages or an injunction under § 76-1425(2) without the 30-day termination notice, although any notice required by § 76-1419 still applies. Keep a dated copy.
2. For heat, hot water, running water, electricity, or sewage failures, use § 76-1427. Once the tenant gives written notice, the tenant may buy substitute service and deduct its actual and reasonable cost from rent, recover the drop in fair rental value, or move to substitute housing and stop paying rent for the outage period. If the failure was deliberate, substitute housing recovery is capped at one period's rent plus attorney's fees. This route does not apply if the tenant caused the condition or the cause was beyond the landlord's control.
3. For everything else, use § 76-1425. The tenant delivers written notice that the lease will terminate on a date not less than 30 days after receipt unless the breach is remedied within 14 days. Vasquez held a tenant may also sue for damages or an injunction under § 76-1425(2) without sending the termination notice, as long as any notice § 76-1419 requires was given. Attorney's fees follow if the noncompliance was willful.
4. Pick one remedy per breach. A tenant who proceeds under § 76-1427 for a given breach cannot also proceed under § 76-1425 for that same breach.
5. Sue in small claims for money owed. The county court small claims division hears claims up to $7,500 (effective July 1, 2025) for a $32.00 filing fee. File form CC 4:1 in the county where the landlord lives or does business. You may also file where the problem arose. Serve by sheriff or certified mail with restricted delivery, and bring the lease, receipts, photographs, written communications, and repair bills. Neither party may use an attorney in the small claims division; the defendant may move the case to the regular county docket by requesting transfer at least two days before the hearing and paying the $20.00 fee difference. Either party can appeal to district court within 30 days with a $50.00 bond.
6. Use a counterclaim if the landlord files first. Under § 76-1428, a tenant sued for nonpayment may counterclaim for anything recoverable under the URLTA, and if no rent remains due after the offset, "judgment shall be entered for the tenant in the action for possession."
7. Report discrimination to the NEOC within one year of the harm, or to Omaha's Human Rights and Relations Department within 365 days, or to the Lincoln Commission on Human Rights for source-of-income and other local claims.

A worked example shows how the timelines stack. A tenant in an Omaha duplex loses heat on January 8 with rent at $1,200 a month. Under § 76-1419(1)(f) and Omaha's 68°F October-to-May requirement, the landlord's duty exists without notice, but the tenant emails written notice that day anyway so § 76-1427 rights attach. On January 10 the tenant buys two space heaters for $140 and deducts that amount from February rent with the receipts attached. The landlord, irritated, changes the locks on February 3. That lockout triggers § 76-1430: the tenant elects to terminate, and the landlord now owes $3,600 in liquidated damages (three months' rent), the $1,200 deposit, February's prepaid rent, and attorney's fees. If the tenancy ends February 3, the landlord must send the deposit itemization and balance by February 17.

Prohibited landlord acts, statute, and tenant remedy

The table below collects each prohibition, its statute, and what the tenant recovers:

• Prohibited act | Statute | Tenant remedy
• Self-help removal, including lockouts and utility shutoffs | Neb. Rev. Stat. §§ 76-1430, 76-1436 | Three months' rent as liquidated damages, attorney's fees, possession or termination, return of deposit and prepaid rent
• Unlawful or abusive entry | §§ 76-1423, 76-1438 | Injunction or termination, actual damages of at least one month's rent, attorney's fees
• Deposit above one month's rent or pet deposit above one-fourth month | § 76-1416 | Recovery of the excess, costs, mandatory attorney's fees
• Deposit held past 14 days after termination or returned without itemization | § 76-1416 | Amount due, costs, attorney's fees; plus one month's rent or twice the deposit (whichever is less) if willful and in bad faith
• Retaliation after a code complaint or tenants' union activity | § 76-1439 | § 76-1430 remedies, defense to possession, § 76-1425(2) damages and injunction
• Discrimination based on a protected class or denial of a reasonable accommodation | §§ 20-318, 20-319 | NEOC complaint within one year; city complaint in Omaha within 365 days
• Deposit or fee charged for a service animal | § 20-131.04 | Fair housing complaint; tenant still liable for animal damage
• Failure to supply heat, hot water, running water, or essential services | §§ 76-1419(1)(f), 76-1427 | Substitute service cost deducted from rent, diminished rental value, or substitute housing with rent excused
• Other habitability breaches, including mold and pests under local code | §§ 76-1419, 76-1425 | Termination on 14-day cure / 30-day notice, damages, injunction, attorney's fees if willful
• Eviction filed without the statutory notice period | § 76-1431 | Dismissal of the possession action; landlord must re-serve notice
• Void lease clause used knowingly | § 76-1415 | Clause unenforceable; actual damages and attorney's fees
• Seizure of household goods for rent | § 76-1434 | Lien unenforceable
• Mid-lease rent increase or increase with under 30 days' notice (month-to-month) | §§ 76-1414, 76-1437 | Increase unenforceable until proper notice period runs
• Failure to disclose the owner or managing agent in writing, or to give the pre-1978 lead-based paint disclosure | §§ 76-1417; 42 U.S.C. § 4852d | § 76-1425 notice, cure, termination, damages, and attorney's fees if willful; federal enforcement and private damages for lead disclosure violations

FAQ

These answers summarize Nebraska's most common landlord-tenant questions, including deposits, entry, utilities, repairs, reporting, and small claims.

How much can a Nebraska landlord charge for a security deposit, and when must the landlord return it?

Section 76-1416 caps the deposit at one month's rent, with a separate pet deposit of up to one-fourth of a month's rent where appropriate. The landlord must deliver or mail the balance and a written itemization within 14 days after the tenancy terminates, whether or not the tenant sent a demand. Failing to mail to the last-known address when no forwarding address was given does not excuse the landlord.

How much notice does a landlord need to enter my unit in Nebraska?

At least 24 hours' written notice under § 76-1423, stating the purpose and a reasonable window for the entry, delivered at a reasonable time of day. Emergencies such as a flooding pipe or smoke require no notice.

Can my landlord shut off utilities if I am behind on rent?

Willfully cutting electric, gas, water, or another essential service to pressure a tenant is unlawful ouster under §§ 76-1430 and 76-1436 even while an eviction case is pending. The landlord's only lawful path is a seven-day pay-or-quit notice followed by a court filing.

Does Nebraska allow repair and deduct?

Only for essential services. Section 76-1427 lets a tenant who has given written notice buy substitute heat, water, or power and deduct the actual, reasonable cost from rent. For other repairs, the tenant's route is the 14-day cure and 30-day termination notice under § 76-1425, or a damages or injunction suit under § 76-1425(2), while continuing to pay rent.

Who do I report an unsafe rental to in Nebraska?

In Omaha, Housing Enforcement at (402) 444-5371, extension 2070, or (402) 444-5150, option 3. In Lincoln, Building & Safety at 402-441-7521 after contacting the landlord first, or through the UPLNK app. Discrimination complaints go to the NEOC within one year of the harm.

Can I sue my landlord in small claims court over a deposit?

Yes, for claims up to $7,500. File form CC 4:1 with the county court clerk, pay the $32.00 fee, and serve the landlord by sheriff or certified mail. If you prevail under § 76-1416, the court must award your reasonable attorney's fees as a matter of right, though attorneys cannot appear in the small claims division itself unless the defendant moves the case to the regular county docket.