The Nebraska Legislature is considering several changes to Nebraska’s laws governing landlords and tenants. Some of the proposed changes are described below:
LB17: Restrictions on fees landlords may impose.
Among other things, LB17 would limit the fees that landlords may charge tenants to an application fee, rent, a security deposit, fees for returned checks, and fees for late payment. Notably, :
- Late fees may only be five percent of the past due payment or $50, whichever is less;
- Application fees may not exceed the actual cost of obtaining a consumer report on the prospective tenant;
- Application fees may not be charged if there is no rental unit available;
- Fees for returned checks may not exceed the cost charged to the landlord for the returned check.
LB267: Grants landlords certain powers and duties if a tenant has committed domestic violence.
If a tenant commits an act of domestic violence against a household member, then the landlord may have the tenant removed from the rental agreement and, if needed, excluded from the premises if the household member has obtained a protective or restraining order. If the tenant is evicted, then the landlord may be required to install new locks.
LB469: Notice requirements in eviction notices.
A new form to be developed by the State Court Administrator must be included with “eviction notices” that includes information about legal assistance, financial resources, and information on how to report housing discrimination. Beginning February 1, 2026, each time a landlord provides notice of an eviction to a tenant, the landlord would be required to include the form.
LB587: Tenants’ remedies under the Uniform Residential Landlord and Tenant Act.
The time for a tenant to terminate a lease for noncompliance by a landlord would be reduced from 30 days to 14 days after landlord’s receipt of notice of a breach. The bill would also add mold and pest problems as a basis for noncompliance and allow the tenant to deduct from their rent the actual and reasonable costs the tenant incurred to fix the mold or pest infestation. It further allows a tenant to seek damages based on the reduction in value of a tenant’s property caused by the mold or pest infestation.
Abrahams Kaslow & Cassman will be monitoring the legislative session to see if and how Nebraska’s landlord and tenant law changes. Questions about Nebraska’s landlord and tenant law? Email me at [email protected].