Neb. Rev. Stat. § 76-1401 et seq. § 76-1427
Wrongful failure to supply heat, water, hot water, or essential services.
Operative Text
(1) If contrary to the rental agreement or section 76-1419 the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice to the landlord specifying the breach and may: (a) Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; (b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or (c) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. In addition to the remedy provided in subdivisions (a) and (c), if the failure to supply is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent, and in any case under this subsection reasonable attorney's fees. (2) If the tenant proceeds under this section, he may not proceed under section 76-1425 as to that breach. (3) The rights under this section do not arise until the tenant has given written notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. This section is not intended to cover circumstances beyond the landlord's control.
Nebraska Revised Statute § 76-1427 addresses situations where a landlord deliberately or negligently fails to provide running water, hot water, heat, or other essential services in violation of the rental agreement or the landlord's statutory duties. When this occurs, the law gives tenants a set of remedies, including self-procuring the missing services and deducting costs from rent, recovering damages for reduced rental value, or obtaining substitute housing while being excused from paying rent. These rights are triggered only after the tenant provides written notice to the landlord identifying the specific breach, and they do not apply when the service disruption was caused by the tenant or is beyond the landlord's control.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 76-1427, landlords who deliberately or negligently allow essential services such as heat, running water, or hot water to lapse expose themselves to significant financial consequences, including tenant rent deductions, damages claims, and liability for substitute housing costs plus attorney's fees. Operators who maintain systems proactively, respond promptly to service failures, and document repair efforts are generally better positioned to demonstrate that any lapse was neither deliberate nor negligent. Because the statute distinguishes between deliberate and negligent failures—with deliberate failures carrying additional exposure—landlords typically benefit from maintaining clear records of maintenance requests, repair timelines, and any circumstances outside their control that contributed to a service disruption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1427 provides tenants with multiple remedies when a landlord deliberately or negligently fails to supply essential services like heat, running water, or hot water. Before any of these remedies become available, a tenant must deliver written notice to the landlord that specifically identifies the breach; keeping a copy of that notice is generally considered good practice. Tenants who believe their landlord has violated this provision may explore options such as deducting self-procured service costs from rent, seeking damages for diminished rental value, or arranging substitute housing—and may also wish to consult a tenant-rights organization or legal aid service to understand which path fits their 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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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