Nebraska landlord and tenant rules
The figures that decide most disputes between Nebraska landlords and tenants, each with a calculator and the statute behind it.
| Rule | Nebraska | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | 1 month's rent, plus a pet deposit of up to one-fourth of 1 month's rent when appropriate | Neb. Rev. Stat. § 76-1416 | Deposit rules |
| Deposit return deadline | Balance and a written itemization delivered or mailed to the tenant within 14 days after the date of termination of the tenancy; if no forwarding address, mail first-class to last-known address | Neb. Rev. Stat. § 76-1416 | Deposit rules |
| Interest on the deposit | Not required | Neb. Rev. Stat. § 76-1416 | |
| Maximum late fee | No statutory cap | No statute (Neb. Rev. Stat. §§ 76-1401 to 76-1449 contain no late-fee limit) | Late fee calculator |
| Landlord notice, month-to-month | 30 days | Neb. Rev. Stat. § 76-1437; § 76-1431(2) | Notice calculator |
| Tenant notice, month-to-month | 30 days | Neb. Rev. Stat. § 76-1437; § 76-1431(2) | Notice calculator |
| Rent increase notice | No statute | Neb. Rev. Stat. § 76-1437; § 76-1431(2) | Notice calculator |
| Pay-or-quit notice | 7 days | Neb. Rev. Stat. § 76-1437; § 76-1431(2) | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in Nebraska
Nebraska limits security deposits to 1 month's rent, plus a pet deposit of up to one-fourth of 1 month's rent when appropriate. The deposit must be returned balance and a written itemization delivered or mailed to the tenant within 14 days after the date of termination of the tenancy; if no forwarding address, mail first-class to last-known address. No interest is owed on the deposit under state law. Cap does not apply to housing agencies under the Nebraska Housing Agency Act. Willful non-return: tenant may recover the lesser of one month's rent or twice the deposit as liquidated damages, plus costs and attorney's fees. Unreturned balances outstanding one year are abandoned property. Source line: Laws 1974 LB 293; 1999 LB 105; 2001 LB 7; 2019 LB433; 2021 LB532 - no 2024-2026 amendments. Official nebraskalegislature.gov text read via Sept 2026 Wayback snapshot (live site refused connections); cross-checked against FindLaw (current through 1 Jan 2024). Full deposit rules and move-out checklist.
Late fees in Nebraska
Nebraska sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.
Notice periods in Nebraska
A Nebraska landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, the landlord must serve a 7-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Sources
- https://web.archive.org/web/20260923041200id_/https://www.nebraskalegislature.gov/laws/statutes.php?statute=76-1416
- https://web.archive.org/web/20260521134402id_/https://nebraskalegislature.gov/laws/statutes.php?statute=76-1431
- https://web.archive.org/web/20261009110622id_/https://nebraskalegislature.gov/laws/statutes.php?statute=76-1437
- https://codes.findlaw.com/ne/chapter-76-real-property/ne-rev-st-sect-76-1416.html
- https://codes.findlaw.com/ne/chapter-76-real-property/ne-rev-st-sect-76-1431.html
- https://codes.findlaw.com/ne/chapter-76-real-property/ne-rev-st-sect-76-1437.html
Frequently asked questions
How much can a landlord charge for a security deposit in Nebraska?
1 month's rent, plus a pet deposit of up to one-fourth of 1 month's rent when appropriate. Cap does not apply to housing agencies under the Nebraska Housing Agency Act. Willful non-return: tenant may recover the lesser of one month's rent or twice the deposit as liquidated damages, plus costs and attorney's fees. Unreturned balances outstanding one year are abandoned property. Source line: Laws 1974 LB 293; 1999 LB 105; 2001 LB 7; 2019 LB433; 2021 LB532 - no 2024-2026 amendments. Official nebraskalegislature.gov text read via Sept 2026 Wayback snapshot (live site refused connections); cross-checked against FindLaw (current through 1 Jan 2024).
What is the maximum late fee for rent in Nebraska?
There is no statutory maximum in Nebraska. No statutory cap or grace period in the Nebraska Uniform Residential Landlord and Tenant Act; late fees must be in the rental agreement and reasonable. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.
How much notice does a landlord have to give a tenant to move out in Nebraska?
30 days’ written notice for a month-to-month tenancy. At least 30 days' written notice by either party before the periodic rental date specified in the notice; 7 days for week-to-week (§ 76-1437)
How long is a pay-or-quit notice in Nebraska?
7 days. The tenant can stop the eviction by paying the full amount within that time.
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