Nebraska Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, the 24-hour entry notice, the 7-day rent demand and the eviction timeline in Nebraska, in plain English for landlords who manage their own rentals.

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Almost everything a Nebraska landlord needs sits in one place, the Uniform Residential Landlord and Tenant Act at Neb. Rev. Stat. §§ 76-1401 to 76-1449. The eviction rules live in the back half of that same article.

Two things changed in 2021. Entry now takes 24 hours of written notice, and the deposit return rules got rewritten. If your lease template is older than that, it needs a look.

Here is what a small Nebraska landlord has to get right, with the section behind each rule.

Security deposits

The cap is one month's rent. You can't demand or receive security worth more than one month's periodic rent. A pet deposit on top of that is allowed, capped at one quarter of one month's rent (§ 76-1416(1)).

You have 14 days to return it. The clock runs from the date the tenancy terminates, not from the day the tenant asks. Send the balance and a written itemization of whatever you kept (§ 76-1416(2)).

Mail it to the last known address if you have nothing better. When the tenant leaves no forwarding address or instructions, first-class mail to the last known mailing address satisfies the section. If the mail comes back or the balance sits unclaimed for a year, it becomes abandoned property and goes to the State Treasurer under the Uniform Disposition of Unclaimed Property Act (§ 76-1416(2)).

What you can deduct. The deposit covers rent owed and damages you suffered from the tenant's breach of the rental agreement or of the tenant's own upkeep duties in § 76-1421. Ordinary aging of a home is not a breach, so it is not a deduction.

The penalty for missing the 14 days. The tenant can recover the property and money due, court costs and reasonable attorney fees. If your failure was willful and not in good faith, add liquidated damages of one month's rent or twice the deposit, whichever is smaller (§ 76-1416(3)).

There is no escrow rule for landlords. Nebraska does not make a self-managing landlord hold deposits in a separate account or tell the tenant where the money sits. A separate account is still the cleanest way to prove the number 14 days later. Licensed brokers are a different story, covered in the section below on property managers.

Late fees

Nebraska's Act sets no late-fee cap and no grace period. Rent is payable without demand at the time and place you agreed on (§ 76-1414(3)), so the fee is whatever your lease says and whatever a court finds reasonable.

One trap. A Nebraska lease can't make the tenant pay your attorney fees, can't take a confession of judgment, and can't waive the tenant's rights under the Act. Put any of those in knowingly and the tenant can recover actual damages plus their own attorney fees (§ 76-1415).

Rent increases

There is no statewide rent cap in Nebraska and nothing in the Act limits how much you raise rent at renewal. Mid-lease, the lease controls. On a month-to-month, an increase rides on the same 30-day notice that ends the tenancy (§ 76-1437(2)).

The one limit is motive. You can't raise rent or cut services to punish a tenant for reporting a code violation or joining a tenants' organization. Reasonable increases are still allowed (§ 76-1439).

Entering the unit

Since 2021, you owe the tenant at least 24 hours' written notice before entry. The notice goes to each individual unit and has to state the purpose and a reasonable window when you expect to come (§ 76-1423). Entry happens at reasonable times. Emergencies are the exception.

Tenants can't unreasonably refuse access for inspections, repairs or showings. If either side abuses the rule, § 76-1438 gives the other side a remedy.

Ending a month-to-month tenancy

Either side ends a month-to-month with written notice at least 30 days before the periodic rental date named in the notice. A week-to-week takes 7 days (§ 76-1437(1)).

If a tenant holds over willfully and not in good faith, you can recover up to three months' rent or three times your actual damages, whichever is greater, plus attorney fees (§ 76-1437(3)).

When rent isn't paid

Give written notice of nonpayment. If the tenant fails to pay within 7 calendar days after that notice, you can terminate the rental agreement (§ 76-1431(2)).

Other breaches take a longer path. Write to the tenant naming the acts or omissions, say the agreement ends on a date not less than 30 days after receipt, and give 14 days to fix it (§ 76-1431(1)).

Violent criminal activity, illegal drug sales or conduct threatening health and safety on the premises take 5 days' written notice with no chance to cure (§ 76-1431(3)).

The eviction timeline

  1. File. After the notice period runs out, file a complaint for restitution with the clerk of the county or district court. The complaint names the statute you're relying on, the facts, the property, and how you met the notice rules (§ 76-1440, § 76-1441).
  2. Serve. The summons goes out with a copy of the complaint attached, gets served within 3 days excluding nonjudicial days, and is returnable within 5 (§ 76-1442).
  3. Trial. The court hears it not less than 10 nor more than 14 days after the summons issues, without a jury (§ 76-1446).
  4. Writ. Win, and the court declares the agreement forfeited and issues a writ of restitution at your request. The sheriff or constable puts you back in possession on a date not more than 10 days after the writ issues (§ 76-1446).

Leftover belongings follow the Disposition of Personal Property Landlord and Tenant Act, not your own judgment.

Two moves to stay away from. Locking a tenant out, or cutting off a service you're supposed to supply, hands the tenant a claim under § 76-1430. And Nebraska bans landlord liens and distraint, so you can't hold a tenant's property against unpaid rent (§ 76-1434).

Repairs and habitability

You have to keep the place fit and habitable, comply with applicable minimum housing codes after notice, keep common areas clean and safe, keep electrical, plumbing, heating and cooling in working order, and supply running water, reasonable hot water and reasonable heat (§ 76-1419).

A tenant who wants out over a repair has to write to you first, name the problem, and say the agreement ends on a date not less than 30 days after receipt if it isn't fixed in 14 days (§ 76-1425).

Heat, running water, hot water and similar services carry a faster remedy. A tenant can buy the service and deduct the actual and reasonable cost from rent, sue for the drop in value, or move to substitute housing and stop paying rent for that stretch. If your failure was deliberate, the tenant can recover substitute housing costs up to one month's rent plus attorney fees (§ 76-1427).

The short version

  • Deposit capped at one month's rent, plus a quarter month for pets
  • 14 days from the end of the tenancy to return the balance with a written itemization
  • No statutory late-fee cap and no grace period, so the lease decides
  • 24 hours' written notice before entry, with purpose and a time window
  • 30 days' written notice from either side to end a month-to-month
  • 7 days' written notice for unpaid rent, 14 to cure other breaches
  • Trial 10 to 14 days after the summons, writ carried out within 10 days

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not keep the statute book open. It tracks the 14-day deposit clock, sends rent reminders, takes maintenance requests at any hour, and keeps the written record a Nebraska judge would ask for, at a flat monthly price per door instead of a cut of your rent. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a Nebraska attorney before acting on a specific situation. Last checked September 2026.

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