Demanding Repairs Before Move-In in Nebraska

Moving into a new rental in Nebraska should be an exciting and stress-free experience. But what if you notice problems—like a broken heater, leaky faucet, or unsafe stairs—before you move in? It's essential to know your rights as a Nebraska renter and how to request repairs from your landlord legally and effectively. Being proactive about pre-move-in repairs can help ensure your new home is safe, habitable, and complies with Nebraska's Uniform Residential Landlord and Tenant Act.

Understanding Your Right to a Habitable Rental in Nebraska

Every renter in Nebraska has the right to a unit that meets basic health and safety standards. Under state law, landlords must ensure the property is in good repair before a tenant moves in. This includes:

• Safe and working heating, plumbing, and electrical systems
• Reasonably clean premises and common areas
• Proper weatherproofing, smoke detectors, and locks
• No hazardous conditions such as mold, pests, or broken stairs

The official legislation outlining these duties is the Uniform Residential Landlord and Tenant Act, Section 76-1419.^[1]

Inspection and Documentation Before Move-In

Before paying rent or signing your lease, take the time to inspect the unit thoroughly. Note any issues you find—both major (like faulty wiring) and minor (such as chipped paint). Document with photos and written notes. Landlords in Nebraska are not required to provide a move-in checklist, but creating your own is highly recommended.

Common Pre-Move-In Problems to Look For

• Leaks under sinks or in ceilings
• Non-working appliances
• Doors and windows that don’t lock
• Pest infestations
• Tripping hazards or exposed nails in flooring

How to Formally Demand Repairs Before You Move In

You have the right to request that repairs be made before accepting possession of the rental. Nebraska law encourages clear, written communication. Here’s how to proceed:

1. Make Your Request in Writing

A written repair request creates a record that you’ve notified the landlord. Nebraska does not require a specific form, but your statement should include:

• Your name and the rental address
• A detailed list of needed repairs
• A polite request for completion before you move in
• The date and your contact information

Example: “I am scheduled to move into [address] on June 1. During my inspection on May 22, I observed that the bathroom sink leaks and two windows do not lock. Please confirm these will be repaired before my move-in date.”

Keep a copy of this letter or email for your records.

2. Use Nebraska’s Official ‘Tenant’s Notice to Landlord’ Form

Nebraska provides a Tenant’s Notice to Landlord (Form CC 6:5) that you may use for this purpose. This form is especially helpful because it creates a clear, legal record of your request.^[2]

• Form Name & Use: Tenant’s Notice to Landlord (CC 6:5)
• When to use: If the landlord fails to respond to your informal written request, or if you want a formal record, submit this form before moving in.
• How to submit: Deliver the completed form to your landlord or property manager in person, by mail, or as directed in your lease.

The form asks you to specify the problems needing repair and requests completion within a reasonable time frame—typically 14 days.

3. Allow a Reasonable Time for Response

Nebraska law generally gives landlords up to 14 days to complete most repairs requested in writing. If repairs are not completed, you may be able to cancel your lease or negotiate for repairs before you take possession.^[1]

What If Repairs Aren’t Made?

If the landlord will not agree to make necessary repairs before you move in, you have options:

• Negotiate a written agreement that repairs will be made by a certain date (ideally before you move in)
• Delay your move-in until repairs are completed
• Consider refusing possession of the unit, in which case you may have the right to cancel the lease and request a refund of any deposits paid
• If needed, contact the Nebraska Attorney General’s Consumer Protection Division or the appropriate local housing authority

The Nebraska courts handle tenancy disputes if problems persist, including the Nebraska Judicial Branch and local county courts. For more, see Nebraska’s official landlord-tenant self-help resources.

FAQ: Repairs and Move-In Rights for Nebraska Renters

1. Can I withhold my security deposit if repairs aren’t made before move-in?
   Not without permission or legal grounds. Nebraska law does not let tenants withhold deposits because pre-move-in repairs are incomplete. It’s better to delay possession or cancel the lease if the unit isn’t ready.
2. Is my landlord required to give me a move-in inspection checklist?
   No, but you should create your own and take detailed notes and photos to protect yourself.
3. What is a “reasonable time” for repairs?
   Usually, 14 days is considered reasonable for most non-urgent repairs under Nebraska law. Major, urgent hazards—like no heat or exposed wiring—should be addressed as soon as possible.
4. What government office helps with rental disputes in Nebraska?
   The Nebraska Judicial Branch and your local county court handle rental disputes. The Nebraska Attorney General’s office offers guidance and complaint resources.
5. Where can I find Nebraska’s tenant-landlord law?
   Review the Uniform Residential Landlord and Tenant Act (Nebraska Revised Statutes Chapter 76).

Key Takeaways for Nebraska Renters

• You have the right to request and receive essential repairs before you move in
• Always make repair requests in writing (email, letter, or Nebraska’s official form)
• Don’t move in until repairs are complete—or get all promises in writing

Being thorough before you move in can save you major headaches later. Document, communicate, and use Nebraska’s formal process if needed.

Need Help? Resources for Renters in Nebraska

• Tenant’s Notice to Landlord (Form CC 6:5) - PDF
• Nebraska Judicial Branch – Landlord-Tenant Self-Help
• Nebraska Attorney General – Landlord/Tenant Resources
• Nebraska Uniform Residential Landlord and Tenant Act

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1. Nebraska Revised Statutes § 76-1419 – Landlord’s Duties
2. Nebraska Supreme Court – Tenant’s Notice to Landlord (CC 6:5)

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