What Nebraska landlord-tenant law covers
The Nebraska Uniform Residential Landlord and Tenant Act applies to residential rentals across the state, from duplexes to large apartment complexes. It sets the rules for deposits, entry, repairs, ending a tenancy and the court action for possession. Leftover belongings after a tenant leaves fall under a separate law, the Disposition of Personal Property Landlord and Tenant Act.
Nebraska landlord-tenant rules at a glance
The table summarizes the rules Nebraska apartment owners use most, with the statute for each.
| Rule | Nebraska requirement | Where it comes from |
|---|---|---|
| End a month-to-month tenancy | 30 days’ written notice before the rent date | Neb. Rev. Stat. 76-1437 |
| End a week-to-week tenancy | 7 days’ written notice | Neb. Rev. Stat. 76-1437 |
| Nonpayment of rent | 7 calendar days to pay after written notice | Neb. Rev. Stat. 76-1431(2) |
| Other material breaches | 30-day notice; 14 days to fix | Neb. Rev. Stat. 76-1431(1) |
| Violent crime or drug sales | 5 days’ written notice, no cure | Neb. Rev. Stat. 76-1431(4) |
| Security deposit cap | One month’s rent, plus pet deposit up to one-quarter month | Neb. Rev. Stat. 76-1416 |
| Deposit return | 14 days, with written itemization | Neb. Rev. Stat. 76-1416 |
| Landlord entry | 24 hours’ written notice, stating the purpose | Neb. Rev. Stat. 76-1423 |
| Eviction trial | 10 to 14 days after the summons issues | Neb. Rev. Stat. 76-1446 |
How much notice does a landlord have to give in Nebraska?
For a month-to-month tenant, at least 30 days’ written notice before the periodic rental date named in the notice, under Nebraska Revised Statutes 76-1437. Either side can end the tenancy this way, and no reason is required. A week-to-week tenancy needs 7 days’ written notice.
Holdovers are expensive for tenants in Nebraska. If a tenant stays after the lease ends without consent, the landlord can sue for possession, and if the holdover is willful and not in good faith, the landlord can recover up to three months’ periodic rent or three times actual damages, whichever is greater, plus reasonable attorney’s fees.
Nebraska notices for nonpayment and lease violations
A Nebraska tenant has seven calendar days after a written notice of nonpayment to pay. If the rent is still unpaid, the landlord may end the rental agreement under 76-1431(2) and file for possession.
For other material breaches of the lease or the tenant’s duties, the landlord serves a written notice saying the agreement will end at least 30 days after the tenant receives it. The tenant then has 14 days to fix the problem, and if it is fixed, the tenancy continues. If substantially the same breach happens again within six months, the landlord can end the tenancy on 14 days’ written notice.
Violent criminal activity or illegal drug sales on the premises allow a possession action after five days’ written notice, with no right to cure. Subsection 5 protects a tenant who is the victim, for example where a non-household member caused the activity and the tenant sought a protective order or reported it to police.
Serving Nebraska notices so they hold up
Every notice period on this page runs from when the tenant gets a written notice, so the notice itself is where most Nebraska possession cases are won or lost. Use a form that names the tenant and unit, states the amount owed or the breach, and gives the date the tenancy will end if nothing changes.
Keep a dated copy and a record of how you delivered it. When you file, the court will look at whether the notice gave the full 7, 14 or 30 days. A notice that comes up a day short usually means starting over, which costs more than waiting the extra day in the first place.
Security deposits in Nebraska
A Nebraska landlord may not take a security deposit of more than one month’s rent. A pet deposit of up to one-quarter of one month’s rent may be added where appropriate (76-1416). For a $1,000 unit with a dog, that means a maximum of $1,000 plus $250.
The landlord must return the balance within 14 days after the tenancy ends, with a written list of any deductions. Deductions are limited to unpaid rent and damage caused by the tenant’s failure to meet the lease or the tenant’s duties under the Act. If the tenant left no forwarding address, the landlord mails the balance and list to the last known address; mail returned undeliverable, or money unclaimed for a year, goes to the State Treasurer as unclaimed property.
A landlord who willfully keeps money in bad faith can owe liquidated damages of the lesser of one month’s rent or twice the deposit, plus the amount owed, court costs and attorney’s fees.
Landlord entry rules in Nebraska
Nebraska requires at least 24 hours’ written notice before a landlord enters, under 76-1423. The notice goes to each unit, states the purpose of the entry and gives a reasonable time window, and entry must be at reasonable times. No notice is needed in an emergency or when notice is impracticable.
The statute also says the landlord may not abuse the right of access or use it to harass the tenant. During a sale, plan buyer and inspector tours in advance and put the window on each written notice. A verbal heads-up is not the written notice the statute describes.
The Nebraska eviction process and timeline
Nebraska evictions are actions for possession under the Landlord and Tenant Act, filed in county court once the notice period has run. Most nonpayment cases are decided at the first trial date.
The summons must be served within three days of issuance, not counting nonjudicial days, and is returnable within five days (76-1442). The court tries the case without a jury not less than 10 nor more than 14 days after the summons issues. If the landlord wins, the court can issue a writ of restitution directing the sheriff or constable to restore possession on a date not more than 10 days after the writ issues (76-1446).
- Day 0: seven-day notice for nonpayment (or 30-day notice for other breaches).
- Day 8: file the action for possession in county court.
- Within 3 days of the summons: service on the tenant.
- 10 to 14 days after the summons: trial.
- Up to 10 days after the writ issues: possession restored.
- Adding these periods together, an uncontested nonpayment case can reach possession in about four to five weeks.
Does Nebraska have rent control?
Nebraska has no statewide rent control law. The Landlord and Tenant Act regulates deposits, notices, entry and eviction, and none of its sections covered on this page limits how much rent a landlord can charge or how much it can rise at renewal.
For a month-to-month tenant, the practical floor for a rent change is the 30-day notice period, since either side can end the tenancy on 30 days’ notice before a rent date. Many owners give at least that much written notice of an increase, and a fixed-term lease sets the rent until it ends. If your building has a city or federal affordability agreement, those rules can limit rents separately, so check the recorded documents.
What happens to tenants and deposits when you sell
The leases stay in force. A buyer takes the building subject to existing leases, and the tenants keep their rights for the rest of their terms.
Nebraska ties the deposit duty to whoever owns the building when each tenancy ends. Section 76-1416 says the person holding the landlord’s interest at the end of the tenancy is bound by the deposit rules, so after the sale, the buyer is the one who must return deposits within 14 days. That is why buyers insist on a credit for every deposit at closing.
- Prepare a deposit schedule showing each tenant, amount and any pet deposit.
- Credit the full deposit total to the buyer at closing.
- Tell tenants in writing who the new owner is and where to pay rent.
- Hand over leases, move-in condition reports and any open notices.
Nebraska landlord-tenant law changes in 2025 and 2026
The rules on this page have been stable since 2021. The deposit statute, 76-1416, was last amended by LB532 in 2021, and the notice and entry statutes, 76-1431 and 76-1423, by LB320 in 2021.
The 2026 session made a narrower change. According to the Department of Revenue’s summary, LB 834 adds a definition of personal property (movable property not attached to land) to the Disposition of Personal Property Landlord and Tenant Act, operative July 18, 2026. That act governs what you do with belongings a tenant leaves behind, so update your abandoned property procedures if your manager uses an older checklist.
Selling a Nebraska apartment building with tenants
Skyline buys apartment buildings with five or more units in Nebraska, with tenants in place, in Omaha, Lincoln, Bellevue and across the state. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over leases and deposits at closing and do not ask you to deliver vacant units.
For the tax side of a sale, see Nebraska capital gains tax on real estate and the 1031 exchange in Nebraska.
