Nebraska Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

One month's periodic rent; a pet deposit of up to one-fourth of one month's rent may also be demanded (Neb. Rev. Stat. 76-1416(1)); the cap does not apply to housing agencies under the Nebraska Housing Agency Act.

Return deadline days

14 days

Itemization required

Yes

Interest required

No interest or separate-account requirement found in 76-1416.

Source: Neb. Rev. Stat. 76-1416

Late fees

Rule

No provision on residential late fees found in 76-1401 to 76-1444 of the Uniform Residential Landlord and Tenant Act. Any late fee must come from the lease. Other chapters of Nebraska law were not searched.

Source: 76-1401 to 76-1449 (no provision found)

Landlord entry

Notice

Except in an emergency or if impracticable, the landlord must give at least 24 hours' written notice of intent to enter, stating the purpose and a reasonable period for the entry, and may enter only at reasonable times (76-1423(3)). Landlord may enter without consent in an emergency (76-1423(2)); the tenant may not unreasonably withhold consent (76-1423(1)).

Source: Neb. Rev. Stat. 76-1423

Ending a month-to-month tenancy

Tenant

At least 30 days' written notice before the periodic rental date specified in the notice (76-1437(2)); week-to-week tenancy: 7 days (76-1437(1)).

Landlord

Same: at least 30 days' written notice before the periodic rental date specified in the notice (76-1437(2)). For unpaid rent, the landlord may terminate if the tenant does not pay within 7 calendar days after written notice of nonpayment and intent to terminate (76-1431(2)).

Source: Neb. Rev. Stat. 76-1437, 76-1414(4), 76-1431

Rent increases

Rule

No statute on the notice required for a rent increase found in 76-1401 to 76-1449. A month-to-month tenancy can be ended on 30 days' notice (76-1437(2)); retaliatory rent increases are prohibited (76-1439).

Source: Neb. Rev. Stat. 76-1437, 76-1439

Repairs & habitability

Rule

The landlord must, after written or actual notice, make repairs to keep the premises fit and habitable, comply with minimum housing and safety requirements, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating and air conditioning facilities and appliances, and supply running water, reasonable hot water and heat (76-1419(1)). For material noncompliance affecting health and safety the tenant may give written notice and terminate if not remedied within 14 days (termination not less than 30 days after receipt) and recover damages (76-1425). If the landlord fails to supply water, hot water, heat or essential services, the tenant may after written notice procure them and deduct the cost from rent, claim damages, or obtain substitute housing (76-1427). No general repair-and-deduct for other repairs found.

Source: Neb. Rev. Stat. 76-1419, 76-1425, 76-1427

Retaliation

Rule

A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening an action for possession after the tenant complains to a government agency about a code violation materially affecting health and safety, or organizes or joins a tenants' union. Exceptions: violation caused by the tenant, tenant in rent default, or compliance requiring alteration or demolition that would deprive the tenant of the unit. No time-based presumption.

Source: Neb. Rev. Stat. 76-1439

Clauses often unenforceable in Nebraska

• Any clause by which the tenant waives rights or remedies under the Act (76-1415(1)(a))
• Confession of judgment clauses (76-1415(1)(b))
• Clauses making the tenant pay the landlord's or tenant's attorney's fees (76-1415(1)(c))
• Clauses exculpating or limiting landlord liability for active actionable negligence, or making the tenant indemnify the landlord for it (76-1415(1)(d))
• Security deposit above one month's rent (pet deposit above one-fourth of a month's rent) (76-1416(1))