September 3, 2019 The Nebraska Landlord Tenant Act was amended last spring and the changes went into effect September 1, 2019. The most significant change that you should be aware of is that the notice for nonpayment of rent is now seven days instead of three days.
Another change is to the refund of security deposits. If the landlord obtained a security deposit from the tenant, the landlord is now required to mail the balance of the security deposit or an itemization as to how it was applied to the tenant within 14 days from the termination of the tenancy. The old law required the refund or itemization to be mailed 14 days from when the tenant made demand upon the landlord. The landlord should mail it to the tenant’s last known address, if the tenant does not provide a new mailing address or instructions, this could likely be the landlord’s property. If the mail is returned as undeliverable or if the returned balance remains outstanding 30 days after mailing, then within 60 days landlord shall remit the outstanding balance to the State Treasurer. If the landlord fails to comply and if the noncompliance is willful and not in good faith, the tenant can recover one month’s rent or two times the security deposit, whichever is less.
As a reminder, and this remains unchanged, a landlord may only ask for a security deposit which does not exceed one month’s rent or 125% of one month’s rent if an additional pet deposit is requested.
If you are a landlord with legal questions or concerns, please contact us at 1-402-392-1250.