Nebraska Rent Increase Notice
In Nebraska there is no statute setting a day-count only for a rent increase. A landlord raises rent on a month-to-month tenancy by ending it with at least 30 days written notice and re-letting the home at the raised rent. Nebraska has no statewide rent cap and local rent control is barred. Attorney review available.
Introduction
A Nebraska landlord who wants a higher rent does not have a rent-increase statute to follow; the path runs through the rule for ending a month-to-month tenancy. A rent increase notice is the written notice a Nebraska landlord gives a tenant to raise the rent on a home, stating the new monthly figure and when it begins. Under the state's residential landlord-tenant law, a month-to-month tenancy is ended by a written notice given at least 30 days before the periodic rental date named in the notice (Neb. Rev. Stat. 76-1437), and the landlord re-lets the home at the raised rent to take its place. Because the count runs to a periodic rental date, the notice should be timed so a full rental period clears before the new tenancy and the higher rent begin. Nebraska sets no statewide ceiling on the amount, and it keeps local governments out of rent control: a local government has no power to enact or enforce any ordinance that would impose rent controls on private property (Neb. Rev. Stat. 13-331). The landlord may set the new figure once the tenancy is properly concluded and the raise is not retaliatory or discriminatory. Rent under a fixed-term lease cannot move mid-term unless the lease allows it. DocDraft prepares your Nebraska rent increase notice from your entries, with attorney review available before you serve it.
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Key Things to Know
- 1
A rent increase notice is the written notice a Nebraska landlord gives a tenant to raise the rent on a home, stating the new monthly figure and the day the higher rent begins.
- 2
Nebraska has no rent-increase statute; the landlord reaches a higher rent through the rule for ending a month-to-month tenancy, then re-lets the home at the raised rent.
- 3
A month-to-month tenancy ends on a written notice given at least 30 days before the periodic rental date named in the notice (Neb. Rev. Stat. 76-1437), so the tenant has at least that long before the new rent applies.
- 4
Because the count is keyed to a periodic rental date rather than a fixed calendar day, the notice should be timed so a full rental period clears before the new tenancy begins.
- 5
Nebraska sets no statewide ceiling and no statewide percentage limit, so the landlord chooses the new figure once the tenancy is properly concluded.
- 6
Local governments are kept out of rent control: none has the power to enact or enforce any ordinance that would impose rent controls on private property (Neb. Rev. Stat. 13-331).
- 7
Rent under a fixed-term lease cannot move mid-term unless the lease allows it; a raise reaches a month-to-month tenant only after the current tenancy is properly concluded.
Key decisions before you file
Before you file a Rent Increase Notice in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Nebraska Requirements for Rent Increase Notice
30-Day Notice on a Month-to-Month
Nebraska has no statute setting a day-count only for a rent increase. A landlord raises rent by concluding the month-to-month tenancy with a written notice given at least 30 days prior to the periodic rental date specified in the notice (Neb. Rev. Stat. 76-1437), and re-letting the home at the raised rent. The tenant gets at least that notice before the new rent applies.
Notice Runs to a Periodic Rental Date
The 30-day notice runs to the periodic rental date specified in the notice (Neb. Rev. Stat. 76-1437). The notice should be timed so that a full rental period passes before the new tenancy and the new rent begin.
No Statewide Rent Cap
Nebraska has no statewide rent cap and no statewide percentage limit. A landlord may set the new amount, as long as the tenancy is properly concluded and the increase is not for a retaliatory or discriminatory reason.
Local Rent Control Is Preempted
Local rent control is preempted: a local government shall not have the power to enact or enforce any ordinance which would have the effect of imposing rent controls on private property (Neb. Rev. Stat. 13-331). Cities such as Omaha, Lincoln, and Bellevue cannot cap private rent increases, so the statewide notice rule governs.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase reaches a month-to-month tenant only after the existing tenancy is ended by at least 30 days written notice, or it takes effect when a fixed-term lease renews.
Delivery of the Notice
The landlord should serve the notice concluding the month-to-month tenancy and the notice of the new rent in writing, in a way that reliably reaches the tenant, such as personal delivery or mail, at least 30 days prior to the periodic rental date specified in the notice (Neb. Rev. Stat. 76-1437). Keeping proof of how and when the notice was served helps if the increase is later disputed.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, give at least the 30 days Neb. Rev. Stat. 76-1437 requires, and re-let the home at the raised rent. It should also state how rent is to be paid.
Short Notice Is Not Yet Effective
A rent increase served without properly concluding the month-to-month tenancy, or with less than the 30 days Neb. Rev. Stat. 76-1437 requires, does not take effect on the stated date. A tenant may continue paying the prior rent until a valid notice ending the tenancy and offer of a new tenancy have run. An increase for a retaliatory or discriminatory reason cannot be enforced.