Renting in Nebraska
Your rights as a tenant in Nebraska
In Nebraska, the security deposit can be up to 1 month of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Nebraska
- Maximum deposit
- Up to 1 month of rent
- Neb. Rev. Stat. §76-1416(1)
- To return your deposit
- 14 days
- Neb. Rev. Stat. §76-1416(2)
- Notice for late rent
- 7 calendar days
- Neb. Rev. Stat. §76-1431(2)
What the law says
The rules, one by one
The basic rules for renting in Nebraska, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1 month of rent
In Nebraska, a landlord cannot ask for or accept a security deposit of more than one month's rent. When appropriate, the landlord may also ask for or accept a pet deposit of up to one-fourth of one month's rent. This limit does not apply to housing agencies organized under the Nebraska Housing Agency Act.
What the law says · Neb. Rev. Stat. §76-1416(1)
“(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.”
Source: Nebraska Legislature (Nebraska Revised Statutes) · Verified on October 24, 2026
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When must they return my deposit?
14 days
When the tenancy ends, the landlord may use the deposit and any prepaid rent for rent you owe and for damages the landlord suffered because you did not follow the rental agreement or your duty to maintain the home. The landlord must deliver or mail you the balance, with a written itemization, within 14 days after the tenancy ends. If you gave no mailing address or instructions, the landlord must send it by first-class mail to your last-known mailing address.
What the law says · Neb. Rev. Stat. §76-1416(2)
“Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address.”
Source: Nebraska Legislature (Nebraska Revised Statutes) · Verified on October 24, 2026
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If I fall behind on rent, what notice must I get?
7 calendar days
If you do not pay rent when it is due, the landlord can give you a written notice saying you have not paid and that the landlord intends to end the rental agreement if you do not pay. If you do not pay within 7 calendar days after that notice, the landlord may end the rental agreement.
What the law says · Neb. Rev. Stat. §76-1431(2)
“(2) If rent is unpaid when due and the tenant fails to pay rent within seven calendar days after written notice by the landlord of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.”
Source: Nebraska Legislature (Nebraska Revised Statutes) · Verified on October 24, 2026
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How much notice ends a month-to-month rental?
30 days
To end a month-to-month tenancy, you or the landlord must give written notice at least 30 days before the rent date named in the notice. For a week-to-week tenancy, written notice must be given at least 7 days before the termination date named in the notice.
What the law says · Neb. Rev. Stat. §76-1437(1)-(2)
“(1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days prior to the termination date specified in the notice. (2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.”
Source: Nebraska Legislature (Nebraska Revised Statutes) · Verified on October 24, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
A landlord may not recover or take possession of your home, by a lawsuit or otherwise, except after you abandon or surrender it, or as this law permits. This includes willfully cutting off your electric, gas, water or other essential service.
What the law says · Neb. Rev. Stat. §76-1436
“A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in the Uniform Residential Landlord and Tenant Act.”
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Protection from retaliation
Yes: state law says so
A landlord may not retaliate by raising your rent, cutting services, or suing or threatening to sue for possession after you complained to the government agency that enforces the building or housing code about a violation affecting health and safety, or after you organized or joined a tenants' union. If the landlord does, you have the remedies the law provides and a defense if you are sued for possession.
What the law says · Neb. Rev. Stat. §76-1439(1)-(2)
“(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or (b) The tenant has organized or become a member of a tenants' union or similar organization. (2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession.”
Eviction
How an eviction works in Nebraska
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written notice with 7 calendar days to pay rent
at least 7 calendar days
What the law says · Neb. Rev. Stat. §76-1431(2)
“(2) If rent is unpaid when due and the tenant fails to pay rent within seven calendar days after written notice by the landlord of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.”
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Complaint for restitution in county or district court
What the law says · Neb. Rev. Stat. §76-1441(1)
“(1) The person seeking possession shall file a complaint for restitution with the clerk of the district or county court. The complaint shall contain (a) the specific statutory authority under which possession is sought; (b) the facts, with particularity, on which he or she seeks to recover; (c) a reasonably accurate description of the premises; and (d) the requisite compliance with the notice provisions of the Uniform Residential Landlord and Tenant Act.”
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Summons served within 3 days, not counting nonjudicial days
up to 3 judicial days
What the law says · Neb. Rev. Stat. §76-1442
“The summons shall be issued and directed, with a copy of the complaint attached thereto, and shall state the cause of the complaint, the time and place of trial of the action for possession, answer day for other causes of action, and notice that if the defendant fails to appear judgment shall be entered against him or her. The summons may be served and returned as in other cases or by any person, except that the summons shall be served within three days, excluding nonjudicial days, from the date of issuance and shall be returnable within five days, excluding nonjudicial days, from the date of issuance.”
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You appear and answer with your defenses on or before the set day
What the law says · Neb. Rev. Stat. §76-1445
“On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff, or counterclaim.”
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Trial before the judge 10 to 14 days after the summons is issued
10 to 14 days
What the law says · Neb. Rev. Stat. §76-1446
“Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury.”
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Judgment for restitution and forfeiture of the rental agreement
What the law says · Neb. Rev. Stat. §76-1446
“If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement”
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Writ of restitution; the sheriff or constable restores possession to the landlord on a date no more than 10 days after the writ is issued
up to 10 days
What the law says · Neb. Rev. Stat. §76-1446
“shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
According to the Nebraska Equal Opportunity Commission (NEOC), housing discrimination based on race, color, religion, national origin, disability, familial status, sex, or military or veteran status is prohibited in Nebraska. This covers advertising, buying or renting, financing and use of housing, and the law also bars retaliation. There are exemptions, for example housing for older persons and owner-occupied homes renting no more than three bedrooms. The filing deadline is one year from the date of the harm; federal deadlines may differ.
Nebraska Equal Opportunity Commission (NEOC)- Legal Aid of Nebraska (free civil legal aid for people who qualify)legalaidofnebraska.org
- Law Help Nebraska (legal information and forms from Legal Aid of Nebraska)lawhelpne.legalaidofnebraska.org
- NE Free Legal Answers (online questions to volunteer lawyers, for people who qualify)ne.freelegalanswers.org
- Nebraska State Bar Association Volunteer Lawyers Project Self-Help Centersnevlp.org
- Nebraska Judicial Branch: renter and landlord self-helpnebraskajudicial.gov
Frequently asked questions
How much can a landlord charge for a deposit in Nebraska?
In Nebraska, a landlord cannot ask for or accept a security deposit of more than one month's rent. When appropriate, the landlord may also ask for or accept a pet deposit of up to one-fourth of one month's rent. This limit does not apply to housing agencies organized under the Nebraska Housing Agency Act. (Neb. Rev. Stat. §76-1416(1))
When must a deposit be returned in Nebraska?
When the tenancy ends, the landlord may use the deposit and any prepaid rent for rent you owe and for damages the landlord suffered because you did not follow the rental agreement or your duty to maintain the home. The landlord must deliver or mail you the balance, with a written itemization, within 14 days after the tenancy ends. If you gave no mailing address or instructions, the landlord must send it by first-class mail to your last-known mailing address. (Neb. Rev. Stat. §76-1416(2))
What notice is required for late rent in Nebraska?
If you do not pay rent when it is due, the landlord can give you a written notice saying you have not paid and that the landlord intends to end the rental agreement if you do not pay. If you do not pay within 7 calendar days after that notice, the landlord may end the rental agreement. (Neb. Rev. Stat. §76-1431(2))
How much notice ends a month-to-month rental in Nebraska?
To end a month-to-month tenancy, you or the landlord must give written notice at least 30 days before the rent date named in the notice. For a week-to-week tenancy, written notice must be given at least 7 days before the termination date named in the notice. (Neb. Rev. Stat. §76-1437(1)-(2))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Nebraska rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet