Nebraska Renters: Small Claims Court Filing Guide

If you’re a Nebraska renter facing issues like a withheld security deposit, needed repairs, or a rent dispute, you have the option to seek resolution through small claims court. This guide walks you through the filing process, explains essential forms, and connects you to official resources. Understanding how Nebraska’s small claims process works can empower you to resolve disputes fairly, efficiently, and with confidence.

What is Small Claims Court in Nebraska?

Small claims court offers a simplified, low-cost way for renters and landlords to resolve legal disputes without a lawyer. In Nebraska, you can bring claims up to $3,900 (as of 2024), commonly for issues such as:

• Getting your security deposit back
• Recovering unpaid rent or repair costs
• Addressing property damage disputes

Cases are heard by a judge, and while legal representation is allowed, most parties represent themselves.

Which Agency Handles Tenant-Landlord Disputes?

The Nebraska Judicial Branch oversees small claims court cases. For residential landlord-tenant matters, Nebraska follows the Nebraska Uniform Residential Landlord and Tenant Act¹.

Relevant Forms for Nebraska Renters

• Complaint Form (DC 2:1 Small Claims Complaint)
  When and How: This is the main form renters use to start a case in small claims court. For example, if your landlord has not returned your security deposit within 14 days after you moved out (as required by Nebraska law), use this form to begin your claim.
  Download Nebraska Small Claims Complaint (CC 2:1)
• Affidavit of Military Service (DC 2:2)
  When and How: The court may ask for this form to confirm the defendant’s (your landlord’s) military status. This ensures compliance with federal protections for servicemembers.
  Access Affidavit of Military Service
• Praecipe for Summons (CC 1:1)
  When and How: File this form if you want the court to notify ("serve") your landlord about the lawsuit. Typically filed with your complaint.
  Nebraska Praecipe for Summons Form

After completing forms, submit them to the county court in the county where your rental unit is located. Find your local court at the Nebraska County Court Location Directory.

How to File a Small Claims Case as a Nebraska Renter

The process is designed for accessibility, giving renters a clear path to address disputes.

1. Gather evidence and documents (e.g., lease, photos, written communications).
2. Complete the Small Claims Complaint form (linked above).
3. File your forms and pay the required filing fee at the appropriate county court.
4. Arrange for "service"—official notice to your landlord.
5. Attend the hearing and present your case.
6. Receive the judge’s decision. If you win and the landlord does not pay, you may take further steps to collect your judgment.

Tip: The small claims process is designed for everyday people. You don’t need a lawyer, but it helps to be organized and have proof for your claim.

Key Nebraska Laws that Protect Renters

Your rights are set out in the Nebraska Uniform Residential Landlord and Tenant Act. It covers security deposits, required repairs, lease termination, eviction rules, and more.

What Can and Cannot Be Filed in Small Claims

• You can file for money owed or property return valued up to $3,900.
• You cannot file for non-monetary disputes (like getting repairs ordered), eviction orders, or issues involving more than $3,900.

If your problem doesn’t fit, you may need to pursue another remedy through regular county court or mediation.

What to Expect at Your Hearing

The judge will ask both sides questions and review any evidence. Bring:

• Your lease or rental agreement
• Proof of payment or repair requests
• Photos or written correspondence

Frequently Asked Questions

1. What is the maximum amount I can claim?
   The maximum claim in Nebraska small claims court is $3,900.
2. Can I get my security deposit back through small claims court?
   Yes, if your landlord fails to return your deposit within 14 days after move-out, you may file a small claims complaint to recover it.
3. Do I need a lawyer in small claims court?
   Lawyers aren’t required, and most renters represent themselves. However, you may seek legal advice beforehand.
4. How long do I have to file a small claims case?
   Generally, the statute of limitations on contract disputes (like leases) is 4 years in Nebraska, but act promptly for best results.
5. What if I lose my case?
   If your claim is denied, you may appeal to the district court within 30 days, but the process has different rules and costs.

Key Takeaways for Nebraska Renters

• Small claims court is a practical way for renters to recover money, especially deposits or repair costs.
• Filing is straightforward and official forms are available from the Nebraska Judicial Branch.
• Know your rights under the Nebraska Uniform Residential Landlord and Tenant Act.

Need Help? Resources for Nebraska Renters

• Nebraska Judicial Branch Small Claims Guide – Official instructions and resources for small claims cases.
• Nebraska Legal Aid of Nebraska – Free legal information and potential representation for income-eligible renters.
• Nebraska County Court Locations – Find your local courthouse to file your forms or ask questions in person.
• Browse Nebraska Landlord and Tenant Laws

---

1. Nebraska Uniform Residential Landlord and Tenant Act
2. Nebraska Judicial Branch Small Claims Court Information
3. Nebraska Judicial Branch - Official Forms

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