Nebraska State Law ImageWhat is the maximum amount I can collect as a security deposit?
The security deposit may not exceed an amount greater then 1 months rent.
Please Note: If a pet deposit is required, an additional amount not to exceed one-quarter of one month’s rent may be collected.

Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.

Can I require my tenants to obtain renter's insurance?
Landlords in the state of Nebraska may require tenants to obtain rental insurance.

May I charge a fee for late rent or a returned payment?
There are no maximum limits or restrictions placed on the amount charged for a late fee. However, assessed fees should be reasonably related to cover the expenses the landlord incurs as a result of a late payment.

Issuing a dishonored check may be a criminal offense under Nebraska law, and may subject the violator to fines, imprisonment, and be ordered to make restitution to the payee. There is generally a presumption that the writer of a bad check has knowledge of insufficient funds. Within 10 days after receiving notice of a dishonored check, the tenant must pay restitution for the value of the check plus $10, and any reasonable service charges. (Section 28-611.)

What is a common problem where security deposits are concerned?
At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.

How can I end a Nebraska lease agreement?
The Landlord or Tenant May Terminate a Lease by Giving Advance Written Notice as Follows:

  • Week to Week: Requires a 7 day notice .
  • Month to Month: Requires a 30 day notice .
  • Fixed Term: Requires notice as specified in the lease or the lease simply terminates at the end of the rental agreement.

 


My tenant has moved out, what shall I do with their security deposit?
Upon termination of the tenancy, money held by the landlord as a security deposit may be applied to the payment of rent and damages which the landlord has suffered do to the tenant's noncompliance of the rental agreement. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within 14 days.

Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.

How long does the eviction process take?
As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.

How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.

Do I have to give the tenant notice before I enter the rental property?
Except in case of emergency or unless it is impracticable to do so, the landlord must give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times.

Aside from the lease agreement, are there any additional documents necessary?
If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet.

Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.