Neb. Rev. Stat. § 76-1401 et seq. § 76-1419
Landlord to maintain fit premises.
Operative Text
(1) The landlord shall: (a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety; (b) Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition; (c) Keep all common areas of the premises in a clean and safe condition; (d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him or her; (e) Provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle; and (f) Supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. If there exists a minimum housing code applicable to the premises, the landlord's maximum duty under this section shall be determined by subdivision (1)(a) of this section. The obligations imposed by this section are not intended to change existing tort law in the state. (2) The landlord and tenant of a single-family residence may agree that the tenant perform the landlord's duties specified in subdivisions (1)(e) and (1)(f) of this section and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is in writing, for good consideration, entered into in good faith and not for the purpose of evading the obligations of the landlord. (3) The landlord and tenant of a dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if: (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and (b) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. (4) Notwithstanding any provision of the Uniform Residential Landlord and Tenant Act, a landlord may employ a tenant to perform the obligations of the landlord. The duties set forth in this section to comply with minimum housing codes materially affecting health and safety and to "put and keep" the premises in a fit and habitable condition are not limited under the plain language to conditions arising after commencement of the lease term. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019). This section of the Uniform Residential Landlord Tenant Act does not change existing tort law. Tighe v. Cedar Lawn, Inc., 11 Neb. App. 250, 649 N.W.2d 520 (2002).
Under Neb. Rev. Stat. § 76-1401 et seq. § 76-1419, landlords are required to maintain rental premises in a fit and habitable condition, keep common areas clean and safe, and ensure that essential systems—such as plumbing, heating, and electrical—remain in good working order. The provision also obligates landlords to supply running water, hot water, and reasonable heat, and to arrange for waste removal. Where a local minimum housing code applies, compliance with that code sets the ceiling of the landlord's duty under this section. In limited circumstances, certain maintenance responsibilities may be shifted to the tenant by a written agreement made in good faith and supported by adequate consideration.
Plain English — not legal advice.
Neb. Rev. Stat. § 76-1401 et seq. § 76-1419 outlines the core habitability duties that compliant property operators fulfill, including responding to written or actual notice of code violations, keeping shared spaces clean, and maintaining all essential building systems in safe working order. Operators who wish to shift specific maintenance tasks to a tenant do so through a separate, signed, good-faith written agreement supported by adequate consideration—and any such arrangement must not reduce the landlord's obligations to other tenants in the building. Keeping thorough records of maintenance requests, repairs completed, and any written agreements with tenants reflects the kind of documentation that supports compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1401 et seq. § 76-1419 establishes your right to a fit and habitable dwelling, including functioning plumbing, heat, hot water, and safe common areas, and courts have confirmed these duties apply to conditions that existed even before your lease began. If a landlord fails to meet these standards after receiving written or actual notice, tenants generally have remedies available under Nebraska's Uniform Residential Landlord and Tenant Act, such as raising the violation as a defense in an eviction proceeding or pursuing other statutory remedies. Consulting a tenant-rights organization or legal aid office can help you understand which options apply to your circumstances.
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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation