Best Landlord & Tenant Lawyers in Nebraska

About Landlord & Tenant Law in Nebraska, United States

Landlord and tenant law in Nebraska governs the legal relationship between property owners who rent or lease residential units and the people who rent from them. These laws set out the rights and responsibilities of both parties, including how leases are created, what happens if rent isn't paid, how eviction works, and the expectations for maintaining the property. The majority of Nebraska's residential landlord-tenant laws are found in the Nebraska Residential Landlord and Tenant Act. These state laws are designed to ensure fair housing practices, protect tenants from unfair treatment, and provide landlords with remedies when tenants violate their lease agreements.

Why You May Need a Lawyer

Legal issues in landlord and tenant matters can be complex. You may need a lawyer for several reasons, including:

• You are facing eviction and want to understand your rights or challenge the eviction.
• Your landlord is not making needed repairs or is violating your right to privacy or quiet enjoyment.
• You need help recovering a security deposit that the landlord refuses to return.
• You are a landlord dealing with a tenant who has stopped paying rent or is damaging your property.
• The terms of your lease are being disputed or there are questions about lease renewals and termination.
• You are being accused of violating local health, safety, or housing codes.
• There is discrimination or retaliation involved in a rental relationship.

An attorney can help clarify your legal best options, represent you in court or negotiations, and ensure your interests are protected.

Local Laws Overview

The cornerstone of Nebraska landlord and tenant law is the Nebraska Residential Landlord and Tenant Act. Local ordinances may also impose additional requirements, particularly in larger cities or college towns. Key aspects include:

• Security Deposits: Landlords may not charge more than one month's rent as a security deposit for residential leases, plus an additional one-half month's rent for pets. Deposits must be returned within 14 days after the tenant moves out, minus any deductions for damages or unpaid rent.
• Repair and Maintenance: Landlords are required to keep rental units in a fit and habitable condition, while tenants are responsible for keeping the premises clean and not deliberately destroying property.
• Entry: Landlords must provide at least one day's advance notice before entering the property, unless there is an emergency.
• Eviction Process: To evict a tenant, landlords must follow a specific legal process, including providing written notice. Common grounds for eviction include nonpayment of rent and lease violations. Tenants have the opportunity to cure some violations or contest the eviction in court.
• Lease Agreements: Written leases are recommended for clarity, though oral agreements are sometimes valid. Leases should specify rent amount, duration, and procedures for repair requests and termination.
• Prohibited Practices: It is illegal for landlords to retaliate against tenants who exercise their legal rights or withhold basic services like heat or water.

Frequently Asked Questions

What steps must a landlord take to evict a tenant in Nebraska?

A landlord must provide written notice stating the reason for eviction. If the issue is nonpayment of rent, the tenant typically has seven days to pay before the eviction case can be filed in court. If the tenant remains, the landlord may file a complaint in county court and a hearing will be scheduled. Eviction can only proceed by court order.

How much security deposit can a landlord require?

In Nebraska, the maximum security deposit for a residential unit is one month's rent. If the tenant has a pet, the landlord can require an additional deposit up to one half of one month's rent.

How quickly does a landlord have to return the security deposit after move-out?

The landlord must return the deposit, minus any allowable deductions, within 14 days of the tenant vacating the property and providing a forwarding address.

Can the landlord enter the rental property without the tenant's permission?

No, except in emergencies. Otherwise, the landlord must give at least 24 hours’ notice and enter at reasonable times.

What can I do if my landlord refuses to make repairs?

Notify your landlord in writing and keep records of all communication. If repairs are not made within a reasonable time, Nebraska law may permit you to terminate the lease or seek legal remedies. You should not withhold rent without understanding your legal rights, as this can lead to eviction.

Is my landlord allowed to raise my rent?

Yes, unless your lease states otherwise. The landlord must give at least 30 days' written notice before increasing the rent for month-to-month leases. In fixed-term leases, rent cannot be increased until the lease expires unless otherwise specified.

Can a tenant break a lease early in Nebraska?

Generally, tenants are responsible for rent until the lease ends. However, some exceptions exist, including if the property becomes uninhabitable, or for victims of domestic violence. Tenants should review their lease and consult an attorney if considering early termination.

What are my rights if my landlord sells the property?

The new owner takes over the existing lease and must honor its terms. Tenants cannot be evicted simply because of a change in ownership, unless the lease allows for it or expires.

Who is responsible for utilities in a rental property?

Responsibility depends on the lease agreement. Unless the lease states otherwise, the tenant is usually responsible for paying utilities, but landlords must clarify this in writing.

Can a landlord enter the property to show it to prospective buyers or tenants?

Yes, with at least 24 hours' notice and at reasonable times. The landlord should minimize disruption for the current tenant.

Additional Resources

• Nebraska Supreme Court Self-Help Center - Offers court forms and instructional materials related to landlord and tenant issues
• Legal Aid of Nebraska - Provides free legal services for eligible low-income individuals facing landlord-tenant disputes
• Nebraska Department of Health and Human Services - Enforces health and safety codes in rental housing
• Local city or county housing departments - Can provide information on housing codes and tenant rights in your area
• Ombudsman’s Office or local mediation programs - Assist in resolving disputes without going to court

Next Steps

If you are involved in a dispute or have questions about your rights as a landlord or tenant in Nebraska, start by reviewing your lease and any relevant paperwork. Document all communications with the other party. If you cannot resolve the issue, consider speaking with a local attorney who practices landlord and tenant law. Legal aid organizations can offer assistance if you qualify financially. If an eviction notice or court summons is served, it is critical to seek legal advice promptly to protect your rights. Understanding local regulations and your lease agreement is key to a favorable resolution. Taking swift, informed action can help prevent small issues from becoming major legal challenges.