Renting Out Your Property in Nebraska: A Landlord's Guide
Renting out property in Nebraska requires understanding specific state laws governing landlord-tenant relationships, security deposits, and eviction procedures. Nebraska landlords must comply with the Nebraska Residential Landlord and Tenant Act, which establishes rights and responsibilities for both parties while providing protections for fair housing practices.
Failure to comply with Nebraska's rental laws can result in legal liability, financial penalties, and difficulty removing problematic tenants. Landlords should consider consulting with a real estate attorney before creating lease agreements to ensure full compliance with state-specific regulations.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Nebraska Uniform Residential Landlord and Tenant Act
This is the primary law governing residential rental relationships in Nebraska. It outlines the rights and responsibilities of both landlords and tenants, including lease requirements, security deposit limits (no more than one month's rent except for pets/fumigation), maintenance obligations, and eviction procedures.
Nebraska Security Deposit Law
Under Nebraska law, landlords must return security deposits within 14 days of lease termination. The law specifies that landlords can only withhold portions of the deposit for unpaid rent, damages beyond normal wear and tear, or other breaches of the rental agreement. Landlords must provide an itemized list of deductions if withholding any portion of the deposit.
Nebraska Fair Housing Act
This law prohibits discrimination in housing based on race, color, national origin, religion, sex, disability, and familial status. As a landlord in Nebraska, you must ensure your tenant screening process and rental policies comply with these anti-discrimination provisions.
Nebraska Lead-Based Paint Disclosure Requirements
For properties built before 1978, Nebraska landlords must disclose known information about lead-based paint hazards before leases take effect. Landlords must provide tenants with an EPA-approved information pamphlet and include specific disclosure language in leases.
Nebraska Carbon Monoxide and Smoke Detector Requirements
Nebraska law requires landlords to install and maintain working smoke detectors in residential rental units. While carbon monoxide detector requirements vary by local ordinance, many municipalities in Nebraska now require them in rental properties.
Nebraska Landlord Entry Laws
Landlords in Nebraska must provide reasonable notice (typically 24 hours) before entering a tenant's rental unit, except in emergencies. This law balances the landlord's right to access their property with the tenant's right to privacy and quiet enjoyment.
Regional Variances
Major Cities in Nebraska
Omaha has additional rental property ordinances including a rental property registration requirement. Landlords must register their rental properties with the city and pay an annual fee. Omaha also enforces stricter housing code requirements and conducts regular inspections of rental properties. The city has specific lead-based paint disclosure requirements that may exceed state standards.
Lincoln requires landlords to obtain rental housing licenses and undergo periodic inspections. The city has enacted a Rental Housing Code that may impose additional maintenance requirements beyond state law. Lincoln also has specific regulations regarding occupancy limits and parking requirements for rental properties. The city provides a tenant advocacy program that offers mediation services for landlord-tenant disputes.
Grand Island has implemented a Crime-Free Multi-Housing Program that landlords can voluntarily participate in. This program includes additional tenant screening requirements and allows for expedited eviction processes in cases involving criminal activity. The city also has specific ordinances regarding property maintenance standards that may differ from state requirements.
Rural Counties in Nebraska
Rural areas of Lancaster County follow state landlord-tenant laws but may have less stringent enforcement of housing codes compared to Lincoln. Well water testing and septic system maintenance requirements may apply to rental properties not connected to municipal services. The county may have different property tax assessment methods for rental properties compared to urban areas.
Areas outside of Omaha in Douglas County generally follow Nebraska state landlord-tenant laws without the additional registration requirements found in Omaha. However, the county may have specific zoning restrictions that affect rental properties, particularly regarding short-term rentals. Flood plain regulations may impose additional insurance requirements on rental properties in certain areas.
Rural western counties often have less formal rental markets with fewer local regulations. However, agricultural leasing laws may impact properties that include farmland. Water rights can be a significant issue for rental properties in these counties, and leases may need to specifically address irrigation rights. Some counties may have specific regulations regarding rental properties located near public lands or wildlife management areas.
College Towns in Nebraska
Home to the University of Nebraska at Kearney, this city has specific ordinances regarding student housing. There are occupancy limits that restrict the number of unrelated individuals who can live together in certain residential zones. The city also enforces noise ordinances more strictly in neighborhoods with high concentrations of student rentals.
Wayne, home to Wayne State College, has enacted ordinances specifically addressing student rental housing. The city has stricter parking regulations in neighborhoods near campus and may require additional off-street parking for rental properties. Wayne also has specific regulations regarding the conversion of single-family homes to multi-tenant student housing.
Suggested Compliance Checklist
Research Nebraska Landlord-Tenant Laws
1 days after startingFamiliarize yourself with Nebraska's Uniform Residential Landlord and Tenant Act (NRLTA). This law governs rental relationships in Nebraska and outlines rights and responsibilities for both landlords and tenants. Pay special attention to security deposit limits, notice requirements, and maintenance obligations.
Prepare Property for Rental
7 days after startingEnsure your property meets all Nebraska habitability standards. This includes functioning plumbing, heating, electrical systems, and ensuring the property is free from pests and structural hazards. Make necessary repairs and improvements before showing the property to potential tenants.
Create a Residential Lease Agreement
14 days after startingDraft a comprehensive lease agreement that complies with Nebraska law. Include terms regarding rent amount, due date, lease duration, security deposit amount (limited to one month's rent in Nebraska unless there are special circumstances), pet policies, maintenance responsibilities, and other important terms. Consider consulting with a real estate attorney to ensure compliance with state law.
Develop Landlord's Rules and Regulations
14 days after startingCreate a document outlining house rules and policies that tenants must follow. This may include quiet hours, trash disposal procedures, parking regulations, smoking policies, and maintenance expectations. Ensure these rules are reasonable and do not contradict Nebraska landlord-tenant laws.
Create a Rental Application Form
14 days after startingDevelop an application form to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, references, and authorization for background and credit checks. Ensure your screening process complies with Fair Housing laws and does not discriminate against protected classes.
Prepare a Move-In/Move-Out Inspection Checklist
14 days after startingCreate a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help determine if any damage occurred during the tenancy and whether deductions from the security deposit are justified. Include spaces for both landlord and tenant signatures.
Prepare Lead-Based Paint Disclosure Form
14 days after startingFor properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Prepare this form and provide tenants with an EPA-approved pamphlet about lead-based paint hazards.
Create a Security Deposit Receipt
14 days after startingIn Nebraska, landlords must provide a receipt for security deposits. Create a form that acknowledges receipt of the security deposit, states the amount received, and explains the conditions under which deductions may be made.
Prepare a Notice of Entry Form
14 days after startingNebraska law requires landlords to provide at least 24 hours' notice before entering a tenant's unit (except in emergencies). Create a form to document when and why you need to enter the property, which you can provide to tenants in advance.
Register with Local Authorities if Required
21 days after startingCheck if your municipality requires rental property registration or licensing. Some Nebraska cities have specific requirements for landlords. For example, Omaha requires rental property registration and inspections for certain properties.
Set Up Proper Insurance Coverage
21 days after startingObtain landlord insurance (also called rental property insurance) to protect your investment. Standard homeowner's insurance typically doesn't cover rental activities. Inform your tenants that they should obtain renter's insurance to protect their personal belongings.
Establish Rent Collection System
21 days after startingDecide how you will collect rent (check, electronic payment, etc.) and communicate this clearly to tenants. Consider setting up an online payment system for convenience and record-keeping.
Create a Maintenance Request System
21 days after startingEstablish a clear process for tenants to report maintenance issues. Nebraska law requires landlords to maintain habitable premises, so having an efficient system to address repairs is essential for compliance.
Screen and Select Tenants
28 days after startingUse your rental application to screen potential tenants. Verify income, check references, and run background and credit checks. Ensure your screening criteria are consistent and non-discriminatory in compliance with Fair Housing laws.
Conduct Move-In Inspection and Documentation
30 days after startingBefore the tenant moves in, complete the move-in portion of your inspection checklist. Take dated photographs or videos of the property's condition. Have the tenant review, sign, and receive a copy of this documentation.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Nebraska Landlord-Tenant Laws | Familiarize yourself with Nebraska's Uniform Residential Landlord and Tenant Act (NRLTA). This law governs rental relationships in Nebraska and outlines rights and responsibilities for both landlords and tenants. Pay special attention to security deposit limits, notice requirements, and maintenance obligations. | - | 1 |
| Prepare Property for Rental | Ensure your property meets all Nebraska habitability standards. This includes functioning plumbing, heating, electrical systems, and ensuring the property is free from pests and structural hazards. Make necessary repairs and improvements before showing the property to potential tenants. | - | 7 |
| Create a Residential Lease Agreement | Draft a comprehensive lease agreement that complies with Nebraska law. Include terms regarding rent amount, due date, lease duration, security deposit amount (limited to one month's rent in Nebraska unless there are special circumstances), pet policies, maintenance responsibilities, and other important terms. Consider consulting with a real estate attorney to ensure compliance with state law. | Residential Lease Agreement | 14 |
| Develop Landlord's Rules and Regulations | Create a document outlining house rules and policies that tenants must follow. This may include quiet hours, trash disposal procedures, parking regulations, smoking policies, and maintenance expectations. Ensure these rules are reasonable and do not contradict Nebraska landlord-tenant laws. | Landlord's Rules and Regulations | 14 |
| Create a Rental Application Form | Develop an application form to screen potential tenants. Include sections for personal information, rental history, employment details, income verification, references, and authorization for background and credit checks. Ensure your screening process complies with Fair Housing laws and does not discriminate against protected classes. | Rental Application Form | 14 |
| Prepare a Move-In/Move-Out Inspection Checklist | Create a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This will help determine if any damage occurred during the tenancy and whether deductions from the security deposit are justified. Include spaces for both landlord and tenant signatures. | Move-In/Move-Out Inspection Checklist | 14 |
| Prepare Lead-Based Paint Disclosure Form | For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Prepare this form and provide tenants with an EPA-approved pamphlet about lead-based paint hazards. | Lead-Based Paint Disclosure Form | 14 |
| Create a Security Deposit Receipt | In Nebraska, landlords must provide a receipt for security deposits. Create a form that acknowledges receipt of the security deposit, states the amount received, and explains the conditions under which deductions may be made. | Security Deposit Receipt | 14 |
| Prepare a Notice of Entry Form | Nebraska law requires landlords to provide at least 24 hours' notice before entering a tenant's unit (except in emergencies). Create a form to document when and why you need to enter the property, which you can provide to tenants in advance. | Notice of Entry Form | 14 |
| Register with Local Authorities if Required | Check if your municipality requires rental property registration or licensing. Some Nebraska cities have specific requirements for landlords. For example, Omaha requires rental property registration and inspections for certain properties. | - | 21 |
| Set Up Proper Insurance Coverage | Obtain landlord insurance (also called rental property insurance) to protect your investment. Standard homeowner's insurance typically doesn't cover rental activities. Inform your tenants that they should obtain renter's insurance to protect their personal belongings. | - | 21 |
| Establish Rent Collection System | Decide how you will collect rent (check, electronic payment, etc.) and communicate this clearly to tenants. Consider setting up an online payment system for convenience and record-keeping. | - | 21 |
| Create a Maintenance Request System | Establish a clear process for tenants to report maintenance issues. Nebraska law requires landlords to maintain habitable premises, so having an efficient system to address repairs is essential for compliance. | - | 21 |
| Screen and Select Tenants | Use your rental application to screen potential tenants. Verify income, check references, and run background and credit checks. Ensure your screening criteria are consistent and non-discriminatory in compliance with Fair Housing laws. | - | 28 |
| Conduct Move-In Inspection and Documentation | Before the tenant moves in, complete the move-in portion of your inspection checklist. Take dated photographs or videos of the property's condition. Have the tenant review, sign, and receive a copy of this documentation. | - | 30 |
Frequently Asked Questions
In Nebraska, a valid lease agreement should include: names of all parties, property address, lease term, rent amount and due date, security deposit amount, maintenance responsibilities, rules about pets, and signatures of all parties. While oral leases are technically legal for terms under one year, written leases are strongly recommended to avoid disputes. Nebraska follows the Uniform Residential Landlord and Tenant Act, which provides the legal framework for rental relationships.
Nebraska law limits security deposits to one month's rent for unfurnished units and one and one-half month's rent for furnished units. You must return the security deposit within 14 days of the tenant moving out, along with an itemized list of any deductions. If you fail to comply with these requirements, you may be liable for damages up to the amount of the deposit.
Nebraska landlords must maintain rental properties in compliance with local housing codes, make necessary repairs to keep the premises in a habitable condition, provide working plumbing, heating, and electrical systems, supply running water, and maintain common areas. You must also provide proper trash receptacles and arrange for garbage removal. Failure to meet these obligations may give tenants the right to withhold rent, make repairs and deduct costs from rent, or terminate the lease.
In Nebraska, landlords must provide at least 24 hours' notice before entering a tenant's unit for non-emergency reasons such as inspections, repairs, or showing the property to prospective tenants. Entry should be during reasonable hours. In emergencies, you may enter without notice. Repeatedly entering without proper notice could be considered harassment and a violation of the tenant's right to quiet enjoyment.
To evict a tenant in Nebraska, you must have legal cause (such as non-payment of rent, lease violations, or illegal activities) and follow the proper legal procedure. This typically involves: (1) serving a written notice (7-day notice for non-payment of rent, 30-day notice for lease violations), (2) filing an eviction lawsuit if the tenant doesn't comply, (3) attending a court hearing, and (4) if granted, having a sheriff execute the eviction. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in penalties.
Nebraska law requires landlords to disclose certain information to tenants, including: the identity of the landlord or authorized agent (name and address for receiving notices), information about the security deposit, and known lead-based paint hazards for properties built before 1978 (federal requirement). Additionally, you should disclose any known material defects in the property and provide information about mold or radon if tests have been conducted.
While Nebraska doesn't have specific laws prohibiting landlords from considering criminal history, blanket policies against all applicants with any criminal record could potentially violate federal fair housing laws. It's recommended to consider the nature of the offense, when it occurred, and evidence of rehabilitation. You should establish consistent screening criteria that evaluate criminal history on a case-by-case basis, focusing on whether the specific offense indicates a genuine risk to property or other tenants.
Nebraska doesn't have statewide rent control laws, so landlords can generally increase rent by any amount when a lease term ends. However, you must provide proper notice before implementing an increase: at least 30 days' notice for month-to-month tenancies. For fixed-term leases, rent cannot be increased until the lease expires unless the lease specifically allows for it. Rent increases cannot be discriminatory or retaliatory (such as in response to a tenant exercising legal rights).
Yes, under the federal Fair Housing Act and Nebraska fair housing laws, landlords must provide reasonable accommodations for tenants with disabilities. This may include allowing service animals even in no-pet buildings, permitting modifications to the unit (like installing grab bars), or assigning accessible parking spaces. While tenants are responsible for the cost of physical modifications, you cannot charge extra fees for accommodations like service animals. You also cannot refuse to rent to someone because of their disability.
If a tenant abandons the property in Nebraska, you have a duty to mitigate damages by making reasonable efforts to re-rent the unit. You can't simply let it sit vacant and charge the former tenant for the entire remaining lease term. Once you've re-rented the unit, the original tenant's obligation ends. Nebraska law considers a unit abandoned when the tenant is absent for 7 days with unpaid rent or when the tenant has removed substantial belongings and given reasonable indication of abandonment.