Nebraska Residential Lease Agreement

Introduction

A Nebraska lease agreement is a legally binding document between a landlord and tenant that establishes the terms and conditions for renting residential property. This comprehensive guide covers Nebraska-specific requirements, landlord obligations, tenant rights, and statutory regulations that govern residential leasing relationships in the state.

This document serves as a reference guide for understanding Nebraska landlord-tenant law. All statute citations are hyperlinked to the official Nebraska Legislature website for verification and further research.

Required Disclosures

Lead-Based Paint Disclosure

Federal law requires landlords to provide a lead-based paint disclosure for any residential property constructed before 1978. ^[1] Tenants must receive:

• A disclosure form signed by both landlord and tenant
• An EPA-approved information pamphlet about lead-based paint hazards
• A 10-day period to conduct lead-based paint inspections if desired

Landlord and Agent Identification

Nebraska law requires landlords to disclose specific identifying information in the lease agreement. ^[2] The lease must include:

• The name and address of the property owner or an authorized agent
• The names of all persons authorized to enter the premises
• An official address where the tenant can send notices and demands

Security Deposits

Maximum Security Deposit Amount

Nebraska law limits the amount a landlord may charge as a security deposit to one month's rent. ^[3] This limitation helps protect tenants from excessive upfront costs when securing rental housing.

Additional Pet Deposit

Interest Requirements

Nebraska law does not require landlords to collect or pay interest on security deposits. Landlords may hold deposits in a standard account without accruing interest for the tenant.

Return of Security Deposit

Landlords must return the security deposit, minus any lawful deductions, within 14 days after the tenancy ends. ^[4] The 14-day period begins when the tenant has fully vacated the premises and returned possession to the landlord, not from the date stated in the lease agreement.

Itemized List of Deductions

If the landlord withholds any portion of the security deposit to cover damages or unpaid rent, they must provide the tenant with a written, itemized accounting of the deductions within 14 days of lease termination. ^[4] This itemization must specify:

• The specific damages being charged
• The cost to repair each item
• Any unpaid rent or other charges
• The remaining balance being returned to the tenant

Storage Requirements

Nebraska law does not require landlords to maintain security deposits in a separate bank account. Landlords may commingle security deposits with other funds.

Rent Payments

When Rent Is Due

Rent is due on the date specified in the lease agreement. ^[5] Nebraska law does not mandate a grace period for rent payment. If the lease states rent is due on the 1st of the month, it is considered late on the 2nd unless the lease agreement specifically provides otherwise.

Late Fees

Nebraska law does not establish a maximum limit for late fees. However, late fees must be reasonable and should be clearly stated in the lease agreement. Courts may find excessive late fees unenforceable as punitive penalties rather than compensation for actual damages.

Non-Sufficient Funds (NSF) Fee

If a tenant's rent payment is returned for insufficient funds (bounced check), the landlord may charge a service fee. Nebraska law allows a maximum NSF fee of $10 for checks written with insufficient funds. ^[6] This fee may only be charged if the tenant knew or should have known they had insufficient funds at the time the check was written.

Tenant's Right to Withhold Rent

If the landlord negligently or deliberately fails to supply essential services to the rental unit, the tenant may take remedial action. ^[7] Essential services include:

• Running water
• Hot water
• Heat during cold weather
• Electricity and gas service

The tenant may notify the landlord of the issue, procure the essential services themselves, and deduct the reasonable cost from future rent payments. The tenant must provide reasonable notice to the landlord before taking this action, except in emergency situations.

Landlord's Right to Enter

Standard Access With Notice

Unless it is impractical to do so, landlords must provide at least 24 hours' advance notice before entering the rental property for non-emergency reasons. ^[8] Acceptable reasons for entry include:

• Conducting repairs or maintenance
• Showing the property to prospective tenants or buyers
• Inspecting the property for compliance with lease terms
• Other legitimate business purposes

Emergency Access

In emergency situations, landlords may enter the rental property without advance notice or tenant consent. ^[9] Emergency situations include fire, flood, gas leak, serious water leak, or any circumstance that poses an immediate threat to property or personal safety.

Tenant Absence and Abandonment

Extended Absence Notification

The lease agreement may require tenants to notify the landlord of any extended absence exceeding seven (7) consecutive days. ^[10] If the tenant fails to provide advance notice of such an absence when required by the lease, the landlord may recover actual damages resulting from the failure to notify. ^[11]

This provision protects landlords from potential liability issues and allows them to monitor the property for maintenance concerns, emergencies, or signs of abandonment during extended tenant absences.

Early Lease Termination - Domestic Violence

Nebraska law provides specific protections for victims of domestic violence. A tenant who is a victim of domestic violence, or whose household member is a victim, may terminate their lease early without penalty. ^[12] To exercise this right, the tenant must:

• Provide written notice to the landlord of their intent to terminate the lease
• Include documentation of a valid protection order issued by a court
• Vacate the premises as specified in the notice

The landlord must release the tenant from the rental agreement obligations upon receipt of proper notice and documentation. The tenant is responsible for rent only through the date they vacate the property.

Breaking a Lease

Non-Payment of Rent

If a tenant fails to pay rent when due, the landlord may serve a 7-day notice to quit. ^[13] This notice demands that the tenant either:

Pay All Past-Due Rent Within Seven (7) Days, or

Vacate the Rental Property Within Seven (7) Days

If the tenant fails to pay or vacate within the 7-day period, the landlord may proceed with formal eviction proceedings through the court system.

Non-Compliance With Lease Terms

If a tenant violates the lease agreement or creates health and safety violations on the premises, the landlord may serve a 14/30-day notice to comply or quit. ^[14] This notice provides the tenant with:

• 14 days to correct the violation or breach of lease terms
• If not corrected within 14 days, the tenant must vacate within 30 days from the date of notice

Common violations that may trigger this notice include unauthorized pets, unauthorized occupants, property damage, noise violations, illegal activities, or failure to maintain the premises in a reasonably clean and safe condition.

Tenant-Caused Utility Shutoff

If a tenant fails to maintain essential utilities that are their responsibility under the lease, creating health and safety issues, the landlord may serve the 14/30-day notice to comply or quit. ^[14] The timeline varies based on whether this is the tenant's first offense.

Illegal Lockouts and Self-Help Evictions

Nebraska law strictly prohibits landlords from using "self-help" eviction methods. Tenants may only be evicted through proper court proceedings. ^[15] Illegal eviction actions include:

• Changing locks or otherwise preventing tenant access
• Removing tenant's belongings
• Interrupting or shutting off essential services (water, heat, electricity)
• Using intimidation or threats to force tenant departure

Landlords who engage in illegal lockouts or service interruptions may face civil penalties of up to three times the monthly rent amount in damages to the tenant.

Tenant Abandonment and Liability

A tenant who abandons the rental unit before the lease term ends generally remains responsible for paying rent for the remainder of the lease period. ^[16] However, Nebraska law requires landlords to make reasonable efforts to re-rent the property. The tenant's liability ends when:

• The landlord finds a new qualified tenant
• The original lease term expires
• The landlord fails to make reasonable efforts to re-rent

Landlords must mitigate damages by attempting to re-rent the property at a fair market rate. They cannot simply hold the property vacant and charge the original tenant for the entire remaining lease term.

Lease Termination

Terminating Month-To-Month Tenancies

For month-to-month rental agreements (tenancy at will), either the landlord or tenant may terminate the tenancy by providing at least 30 days' written notice. ^[17] The notice must be delivered at least 30 days before the termination date. For example:

• Notice given on June 1st terminates the tenancy effective July 1st or later
• Notice must specify the exact termination date
• The tenant must vacate by the specified date

Unclaimed Personal Property

If a tenant leaves personal property behind after vacating the premises, the landlord must follow specific procedures before disposing of the items. ^[18] The landlord must:

Send Written Notice to the Tenant's Last Known Address

Itemize the Property Left Behind

Inform the Tenant They Must Claim the Property and Pay Storage Fees

Specify the Deadline for Reclaiming Property

The reclamation deadline is:

• Seven (7) days if notice is hand-delivered to the tenant
• Fourteen (14) days if notice is mailed to the tenant

Nebraska law does not require landlords to place unclaimed property in storage. ^[19] The landlord may keep the property at the rental premises or another location. If the tenant fails to reclaim the property within the specified timeframe, the landlord may dispose of it according to state law.