Nebraska
Security deposit laws
Nebraska security deposit laws are detailed under the Nebraska Revised Statutes Chapter 76, Section 1416. These laws provide clear guidelines on how landlords must handle security deposits, ensuring both landlords and tenants are aware of their rights and responsibilities under Nebraska law. Please note that rules and regulations may vary by municipality.
Deposit Limit
1x Monthly Rent
Days to Return
14 Days
Interest Payments
Not Required
Holding Restrictions
Yes
Collecting & Holding
Security Deposit Amount
In Nebraska, the maximum amount a landlord can charge for a security deposit is one month’s rent for residential leases. An additional pet deposit not in excess of one-fourth one month’s rent may be demanded when appropriate.
Options for Holding
Landlords in Nebraska are not required to hold security deposits in a separate account or segregate them from their personal funds. The deposit can be commingled with other funds.
Notification Requirements
Within 30 days of receiving the deposit, landlords must notify tenants of the name and address of the financial institution where the deposit is held, if applicable.
Payment of Interest Earned
Nebraska law does not require landlords to pay interest on security deposits.
Returning
Timeline for Returning
Landlords must return the security deposit, along with an itemized list of any deductions, within 14 days after the tenant vacates the property.
If the tenant does not provide a forwarding address, the deposit should be sent to the tenant’s last known address.
Claims Process
When returning the security deposit, landlords must provide an itemized statement of deductions and return the remaining balance of the deposit along with the itemized statement to the tenant’s forwarding or last known address.
If the tenant disputes the deductions, they may file an action in small claims court.
Permissible Deductions
Landlords in Nebraska can deduct from the security deposit for:
- Unpaid rent.
- Damage to the property beyond normal wear and tear.
- Cleaning costs necessary to return the property to its original condition.
- Costs for repairing or replacing items damaged by the tenant.
Penalties
If a landlord fails to return the security deposit or provide an itemized list of deductions within the required 14-day period, the tenant may be entitled to recover the full deposit amount plus an additional penalty equal to the amount of the deposit. The tenant may also be entitled to court costs and attorney’s fees if they prevail in a legal action.
Special Circumstances
Abandonment: If the tenant abandons the property, the landlord may retain the deposit for unpaid rent and damages but must still follow the procedures for returning any remaining balance.
Sale of Property: If the property is sold, the landlord must transfer the security deposit to the new owner, who then assumes responsibility for returning it to the tenant.
DISCLAIMER: Security deposit laws may vary by county or municipality. The information provided by Build Whale, Inc. is for general informational purposes only and should not be construed as legal advice. It is not a substitute for consultation with a qualified attorney. While we strive to provide accurate and up-to-date information, Build Whale, Inc. makes no guarantees or warranties regarding the accuracy, completeness, or reliability of the information presented.