Can You Refuse to Move In After Inspection in Nebraska?

Understanding your rights before moving into a new rental home in Nebraska is important. Many renters wonder if — and when — they can refuse to move in after conducting an inspection. Nebraska law provides renters with protections to ensure a property is safe and meets minimum standards.

Understanding Your Right to Inspect Before Moving In

Nebraska law requires landlords to provide a dwelling that meets health and safety codes. As a renter, you have the right to inspect the property before signing a lease or paying a deposit. During this inspection, you should check for issues such as:

• Major repairs left unfinished (e.g., broken windows, plumbing issues)
• Serious health or safety hazards (e.g., mold, pests, faulty wiring)
• Lack of essential services (e.g., water, heat, cooling, electricity)
• Visible structural damage

These protections are outlined in the Nebraska Residential Landlord and Tenant Act, Section 76-1419.

When Can a Renter Legally Refuse to Move In?

You may refuse to move in or take possession of a Nebraska rental if:

• The landlord fails to provide a rental unit that is "habitable" (fit for living) as required by law
• There are undisclosed problems that violate major building, housing, or health codes
• The landlord does not make agreed-upon repairs or correct hazards before your scheduled move-in date
• Required disclosures (like lead-based paint warnings or the identity of the property owner/manager) are missing

In such cases, you may notify the landlord in writing and refuse to take occupancy until the issues are resolved.

Required Landlord Disclosures in Nebraska

The landlord must provide the following information before you move in:

• Name and address of owner or manager
• Disclosure of lead-based paint hazards (for properties built before 1978) — using the official "Lead-Based Paint Disclosure Form"

If you do not receive these required forms or disclosures, you may have grounds to refuse to move in.

What If You Already Signed a Lease?

Even after signing, Nebraska law allows you to terminate the lease or refuse to move in if the unit is uninhabitable at the time you were supposed to take possession (Section 76-1422). You must promptly notify the landlord of the issue and your intent not to move in. Documentation (photos, inspection notes) strengthens your case.

Official Forms and How to Use Them

• Lead-Based Paint Disclosure Form (EPA form): Required for properties built before 1978. The landlord should provide this before you move in. If not provided, you may refuse to move in for safety reasons. Download the official form here.
• Move-In Checklist (Sample/Renter's record): Not required but strongly recommended. Some landlords may offer a checklist; otherwise, you can use the Nebraska State Bar Association's sample forms to document issues for your records. See Nebraska Bar resources.

There is currently no official Nebraska state government form exclusively for refusing to move in, but always provide written notice (email or letter) to your landlord specifying the problem and your decision.

How to Notify Your Landlord and Document Issues

• Take dated photos of all inspection issues
• Describe each problem clearly in writing
• Send a written notice to your landlord detailing the reason for refusal to move in
• Keep copies of all correspondence and forms

If you have paid a deposit and the landlord refuses to return it after you legally refuse to move in, you may seek help from the local Small Claims Court or the Nebraska County Court. All Nebraska rental disputes are overseen by your local County Court.

FAQ: Nebraska Move-In Inspections and Renters' Rights

1. Can I break my lease if the apartment is not habitable in Nebraska?
   Yes, under Section 76-1422 of the Nebraska Residential Landlord and Tenant Act, you can terminate your lease if the landlord fails to make the dwelling habitable at move-in.
2. Is a move-in inspection required by law in Nebraska?
   No, Nebraska doesn't require a formal joint inspection, but you have the right to inspect before moving in and should document any issues.
3. Does my landlord have to give me a lead paint disclosure?
   Yes, if the property was built before 1978. The landlord must provide the official EPA lead-based paint disclosure form.
4. What happens to my deposit if I refuse to move in for a valid reason?
   If the refusal is lawful, the landlord should return your deposit. If not, you may take the issue to County Court.
5. What tribunal handles rental disputes in Nebraska?
   The local County Court handles residential tenancy disputes. Find your court on the Nebraska Judicial Branch website.

Key Takeaways for Nebraska Renters

• You do not have to move in if the rental is unsafe or uninhabitable.
• Always document issues and provide written communication to your landlord.
• Official forms (such as the lead-based paint disclosure) are required for certain properties.

It's best to inspect, document, and communicate early to avoid future problems.

Need Help? Resources for Renters

• Nebraska County Court: Rental Dispute Resolution & Forms
• Nebraska Real Estate Commission: Tenant Rights and Complaints
• Nebraska State Bar Association: Tenant-Landlord Resources
• Nebraska DHHS: Legal Aid Programs

---

1. Nebraska Residential Landlord and Tenant Act
2. Section 76-1419: Landlord Obligations
3. Section 76-1422: Tenant Remedies for Non-Delivery of Possession
4. EPA Lead-Based Paint Disclosure Form

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations