Overview
Nebraska’s security deposit regulations are outlined in the Nebraska Revised Statutes § 76-1416. These laws define how deposits must be collected, stored, and returned, ensuring tenants are protected and landlords follow proper procedures.
This guide covers:
How much landlords can charge
Pet deposit rules
Deposit return deadlines and deductions
Penalties for non-compliance
Related Statute: Neb. Rev. Stat. § 76-1416
1. Security Deposit Limits & Pet Deposits
Maximum deposit: Landlords may not charge more than one month’s rent as a security deposit.
Pet deposit: Landlords may charge an additional pet deposit up to one-fourth of one month’s rent. This does not apply to service animals or emotional support animals.
Law Reference: Neb. Rev. Stat. § 76-1416(1)
2. Security Deposit Returns & Allowable Deductions
Return deadline: Landlords must return the deposit within 14 days after the tenancy ends.
Permissible deductions: Landlords may deduct for unpaid rent, damages beyond normal wear and tear, and other breaches of the rental agreement.
Itemized statement required: A written itemized list of any deductions must be provided with the returned deposit.
Forwarding address requirement: If the tenant provides a forwarding address, the landlord must send the deposit and statement there. Otherwise, it should be mailed to the last known address.
Law Reference: Neb. Rev. Stat. § 76-1416(2)
3. Interest Payments & Storage Requirements
Interest payments: Nebraska law does not require landlords to pay interest on security deposits.
Storage requirements: There are no specific requirements for placing deposits in a separate or interest-bearing account.
Law Reference: Neb. Rev. Stat. § 76-1416
4. Penalties for Mishandling Security Deposits
Tenant remedies: If a landlord fails to return the deposit within 14 days or withholds it in bad faith, the tenant may recover the amount wrongfully withheld.
Bad faith penalties: The tenant may also recover liquidated damages equal to one month’s rent or twice the amount withheld—whichever is less—plus court costs and reasonable attorney fees.
Law Reference: Neb. Rev. Stat. § 76-1416(3)
Key Takeaways
Landlords may charge up to one month’s rent for a security deposit.
An additional pet deposit up to one-fourth of a month’s rent is allowed (excluding service animals).
Deposits must be returned within 14 days with an itemized deduction list.
No interest is required to be paid on deposits in Nebraska.
Bad faith violations may result in financial penalties and legal costs.
Understanding and following Nebraska’s security deposit laws helps ensure a smooth and compliant rental experience for all parties involved.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Readers should not act or refrain from acting based on any information included in this post without seeking legal counsel or other professional guidance specific to their situation. The information is provided “as is” without any representations or warranties of any kind, express or implied, including but not limited to the accuracy, completeness, or reliability of the content. Laws and regulations may change and vary by jurisdiction.