Neb. Rev. Stat. § 76-1401 et seq. § 76-1416

Security deposits; prepaid rent.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/5/2026NebraskaSecurity Deposits

Operative Text

Neb. Rev. Stat. § 76-1401 et seq. § 76-1416
(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.
(2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421 . The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address. If the mailing is returned as undeliverable, or if the returned balance of the security deposit remains outstanding for one year, it shall be considered abandoned property to be reported and paid to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act.
(3) If the landlord fails to comply with subsection (2) of this section, the tenant may recover the property and money due him or her, court costs, and reasonable attorney's fees. In addition, if the landlord's failure to comply with subsection (2) of this section is willful and not in good faith, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the security deposit, whichever is less, as liquidated damages.
(4) This section does not preclude the landlord or tenant from recovering other damages to which he or she may be entitled under the Uniform Residential Landlord and Tenant Act. However, a tenant shall not be liable for damages directly related to the tenant's removal from the premises by order of any governmental entity as a result of the premises not being fit for habitation due to the negligence or neglect of the landlord.
(5) The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
The mandatory attorney fees provisions of the Uniform Residential Landlord and Tenant Act include fees for pro bono work. Black v. Brooks, 285 Neb. 440, 827 N.W.2d 256 (2013).
Where there is no written agreement obligating the client to pay an attorney fee award to the pro bono organization, the proper remedy to avoid a windfall to the prevailing party is to award the fee directly to the pro bono organization. Black v. Brooks, 285 Neb. 440, 827 N.W.2d 256 (2013).
The 14-day limitation language in subsection (2) of this section refers to the time allowed the landlord to return the deposit, not the time in which a demand must be made by the vacating tenant. Hilliard v. Robertson, 253 Neb. 232, 570 N.W.2d 180 (1997).
Under subsection (3) of this section, in order to recover a deposit plus an attorney fee, tenant must establish that landlord did not comply with a demand for return of the security deposit. Mason v. Schumacher, 231 Neb. 929, 439 N.W.2d 61 (1989).
Where a tenant prevails in an action under subsection (2) of this section against the tenant's landlord, the tenant is entitled to recover reasonable attorney fees under subsection (3) of this section as a matter of right; it is not at the discretion of the trial court. However, in order to recover fees under subsection (3) of this section, the tenant must present evidence of the tenant's attorney fees such that a trial court can make a meaningful award. Lomack v. Kohl-Watts, 13 Neb. App. 14, 688 N.W.2d 365 (2004).
Source: Legislative text reproduced verbatim
Plain English

Nebraska Revised Statute § 76-1416 sets limits on how much a landlord can collect as a security deposit—generally no more than one month's rent, with an additional pet deposit of up to one-quarter of one month's rent permitted when appropriate. When a tenancy ends, the landlord has fourteen days to return any remaining deposit balance along with a written itemization of any deductions; unclaimed or undeliverable funds eventually become abandoned property under state law. A landlord who fails to comply with these return requirements may owe the tenant the deposit, court costs, and attorney's fees, and a willful violation can trigger liquidated damages equal to one month's rent or twice the deposit amount, whichever is less.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under § 76-1416, compliant operators generally collect no more than one month's periodic rent as a security deposit, plus a pet deposit not exceeding one-quarter of one month's rent when applicable. At the end of a tenancy, operators typically document all deductions carefully and return any remaining balance along with a written itemization within fourteen days of the termination date. Landlords who acquire a property mid-tenancy should be aware that § 76-1416(5) binds the holder of the landlord's interest at the time of termination, meaning deposit obligations transfer with ownership.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Nebraska Revised Statute § 76-1416 gives tenants the right to receive their remaining security deposit balance and a written itemization of deductions within fourteen days after the tenancy ends. If a landlord fails to comply, § 76-1416(3) provides a path to recover the deposit, court costs, and reasonable attorney's fees—and if the failure is found to be willful and not in good faith, liquidated damages may also be available. Tenants who believe their deposit was wrongfully withheld may consider consulting a tenant-rights organization or reviewing options through Nebraska's court system, including small claims court, to understand available remedies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 5, 2026
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References Out

Rules and statutes cited by this regulation

Neb. Rev. Stat. § 76-1421
Not yet ingested

References In

Rules and statutes that cite this regulation

Neb. Rev. Stat. § 76-1401

Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT

Source Information

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