Nebraska Renters: Addressing Secondhand Smoke Complaints

Secondhand smoke in your rental can affect your health and quality of life. If you’re a Nebraska renter experiencing issues with secondhand smoke, knowing your rights and the correct steps to take is essential for finding a safe solution. Nebraska law outlines certain protections for tenants regarding habitability and nuisance problems, which can include secondhand smoke. This article explains Nebraska’s laws, complaint process, forms, and resources for renters dealing with secondhand smoke complaints.

Your Rights as a Nebraska Renter

Nebraska’s Uniform Residential Landlord and Tenant Act provides that landlords must keep rental properties “habitable” and in good repair. Landlords are also responsible for controlling nuisances and ensuring the premises are safe. While there is no state law that specifically bans secondhand smoke in all apartments, smoke intrusion may violate habitability or nuisance standards, especially if it affects your health or quality of life^[1].

What Is Considered a Nuisance?

If secondhand smoke from another unit or common area causes a persistent problem that interferes with your ability to enjoy your home, it may be treated as a "nuisance" under Nebraska tenant law. In such situations, you have the right to raise concerns and request repairs or action from your landlord.

Steps to Take When Facing Secondhand Smoke Issues

There are proven steps you can take to address secondhand smoke in your rental. Acting methodically and keeping records supports your case if escalation is necessary.

• Document the problem: Note the dates, times, and specific locations where smoke is entering your unit. Take photos or videos if possible, especially if there are visible signs.
• Review your lease: Some Nebraska leases have smoke-free clauses or rules for common areas. Check for any terms addressing smoking.
• Communicate in writing: Notify your landlord or property manager in writing about the secondhand smoke problem. Clearly describe your concerns, the impact on your health or comfort, and request a solution (such as repairs or enforcing smoking restrictions).
• Keep copies of all correspondence: Save all emails, letters, and responses from your landlord.

• Allow reasonable time for a response: Nebraska law gives landlords a “reasonable time” to address complaints. Commonly, 14 days is considered reasonable unless there is an emergency^[2].
• If unresolved, consider formal complaint or action: If the landlord does not address the smoke problem, you can file a formal complaint, request repairs, or seek further assistance. See the next section for official forms and agencies.

Official Forms and Complaint Process

Nebraska renters have access to certain forms and procedures to file complaints or request repairs concerning habitability and nuisance issues like secondhand smoke.

Nebraska 14/30-Day Notice to Landlord (Repair or Correct Conditions)

• When to use: If your landlord fails to address a repair or address a nuisance (like secondhand smoke) after your initial complaint, you can send a formal "14/30-Day Notice". This gives your landlord 14 days to fix the issue; if not, you may have rights to terminate your lease after 30 days or pursue further action.
• Form: There’s no official state-issued template, but you can follow the structure set by Nebraska Revised Statute 76-1425. Write a clear letter specifying the issue, requested remedy, and timelines.
• Example: “Dear Landlord, under Nebraska Revised Statute 76-1425, please correct the secondhand smoke intrusion in my unit within 14 days. If not remedied, I may terminate my lease after 30 days from this notice.”

Nebraska Complaint to Local Health Department

• When to use: If you believe secondhand smoke constitutes a health hazard, especially in multi-family housing, you may report the issue to your local public health department. Forms and processes vary by county.
• Lincoln-Lancaster County example: Use the Environmental Health Complaint Form.
• How it's used: File the form describing the smoke issue, health impacts, and your landlord’s (non)response. The health department will investigate if the complaint falls within their authority.

Who Handles Tenancy Disputes in Nebraska?

In Nebraska, eviction, repairs, and tenant disputes are typically handled in Nebraska County Courts. There is not a separate housing tribunal; most landlord-tenant complaints will be filed in county or small claims court if not settled informally.

Nebraska Tenant Law on Habitability and Nuisance

Key Nebraska statute on landlord obligations requires landlords to:

• Keep premises “fit and habitable”
• Comply with local health and safety codes
• Prevent and address nuisances

If your landlord fails to meet these duties, you can seek remedies under the Nebraska Uniform Residential Landlord and Tenant Act.

Frequently Asked Questions: Secondhand Smoke Complaints in Nebraska

1. Can I break my lease if my landlord ignores secondhand smoke complaints?
   Potentially, yes. If smoke creates a serious habitability or health issue and your landlord does not address it after proper written notice, Nebraska law may allow you to terminate your lease following the 14/30-day notice process.
2. Does Nebraska have a statewide ban on smoking in apartments?
   No, Nebraska does not have a statewide smoking ban in rental units. But local ordinances or your lease may set smoke-free policies. Always check your lease and local regulations.
3. What government office investigates health hazards like secondhand smoke?
   Local city or county health departments investigate general health complaints. Also, Nebraska County Courts handle legal disputes between renters and landlords.
4. Can I withhold rent if my landlord won’t address secondhand smoke?
   Withholding rent is risky and can lead to eviction. Instead, follow the formal written notice process and seek help from a tenants’ rights organization or the courts if necessary.
5. What information should I include in my complaint to a landlord?
   Document how the smoke impacts you (dates, health effects), any evidence, and ask for a specific solution within a reasonable timeframe.

Conclusion: Key Takeaways

• Nebraska law protects renters’ right to a habitable, safe, and nuisance-free home. Secondhand smoke may violate this protection if it is persistent.
• Always document the problem and give your landlord formal written notice, allowing time for a response.
• If your complaint is not resolved, you may take legal steps or contact local health departments for help.

Need Help? Resources for Renters

• Nebraska County Courts Directory – Find your local court for resolving disputes
• Nebraska Attorney General: Landlord-Tenant Resources
• Legal Aid of Nebraska: Tenant Rights
• Nebraska Department of Health and Human Services

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1. Nebraska Uniform Residential Landlord and Tenant Act
2. Notice Requirements – Repairs: Neb. Stat. 76-1425

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