Nebraska Rules for Electric Shutoff: Landlord and Renter Rights
Facing an electric shutoff threat can be stressful for Nebraska renters. Knowing your rights—and what steps landlords must follow—empowers you to respond calmly and effectively. This guide explains when a landlord can shut off electricity for non-payment in Nebraska, what legal protections tenants have, and how to get the help you need.
Understanding Utility Shutoff Rules in Nebraska
Nebraska law takes electricity and utility shutoffs seriously. In most cases, landlords cannot simply shut off electric service for unpaid rent or utility non-payment. Instead, they must follow a legal eviction and notice process.
What the Law Says About Utility Shutoffs
- The Nebraska Residential Landlord and Tenant Act prevents landlords from willfully interrupting a renter’s utility services—like electricity, gas, or water—as a way to force payment or make a tenant leave. This is sometimes called a “self-help eviction.”
- Landlords must use the official court eviction process to resolve non-payment disputes (Nebraska Revised Statute § 76-1430).
- There are very limited exceptions where a landlord may act, such as in dangerous situations—but these are rare and must be justified.
Who Is Responsible for Paying and Maintaining Electric Service?
- If your lease requires you to put utilities in your name, you are responsible for payment. If not, the landlord typically must maintain service and make payments.
- If the landlord fails to pay and electric service is threatened, tenants may have legal options to pay and deduct the cost from rent (with proper notice—see official forms below).
When (If Ever) Can a Landlord Shut Off Electricity?
Landlords in Nebraska are not allowed to directly or indirectly shut off your electricity for non-payment of rent. Nor can they instruct the utility company to disconnect your service without a court order. Doing this can make the landlord liable for damages and possibly penalties.
The only lawful way for a landlord to remove a tenant for non-payment is through legal eviction—even when utility bills are the issue. Simply put:
- A landlord may NOT shut off electricity to pressure you to move out or pay rent.
- They must serve official written notice, go through court, and obtain an eviction order.
What to Do If Your Landlord Shuts Off Power Illegally
If you experience a shutoff or threat, take these steps:
- Document the outage and your communications (take photos, save texts and notices).
- Contact your local utility company and explain the situation.
- File a complaint with the court or Nebraska Attorney General.
If your landlord has shut off your electricity, this may be considered an illegal act. You have the right to request the court to restore utility services and may seek damages.
Official Forms for Nebraska Renters
Several state forms can help protect your utility rights:
-
Tenant’s Notice to Landlord: Utility Interruption (Nebraska Uniform Residential Landlord and Tenant Act Notice Form)
When to use: If your landlord interrupts, fails to pay, or causes shutoff of utilities that the lease requires them to provide.
How to use: Complete and serve this written notice, stating the problem and demanding prompt restoration of service. Example: “My electricity was turned off on June 10, 2024, due to your failure to pay the utility bill as required by our lease.”
Official Utility Interruption Notice Form (PDF) -
Complaint for Relief Under Landlord & Tenant Act (Nebraska Judicial Branch Form CC 4:10)
When to use: If the landlord ignores your notice and does not restore utilities, you can file this form at your local county court.
How to use: Attach evidence and a copy of your notice to the landlord. The court can order reconnection and may grant damages.
Nebraska Tenant Court Complaint Form
Which Tribunal Handles Disputes?
If you need to take formal action, contact the Nebraska County Court in your district, which oversees residential tenancy matters in the state.
Nebraska Residential Landlord and Tenant Act
All rental housing matters, including utility shutoff, are governed by the Nebraska Residential Landlord and Tenant Act (Nebraska Revised Statutes Chapter 76, Article 14). Key sections include:
- Section 76-1430: Landlord prohibited from willful utility interruption
- Section 76-1427: Remedies for tenant if landlord breaks utility duty
FAQ: Nebraska Utility Shutoffs and Renters’ Rights
- Can my landlord shut off my electricity if I don’t pay rent?
No. In Nebraska, landlords cannot lawfully shut off your utilities for unpaid rent. They must obtain a court-ordered eviction first. - Who do I contact if my electricity was shut off illegally?
You can contact your utility company, file a written notice with your landlord, and seek help at your county court or the Nebraska Attorney General’s Consumer Protection Division. - What if my lease says I pay for electricity, but my landlord controls the account?
If your landlord maintains the account, they must keep the service active unless the lease states differently. If they disconnect it to force you out, this could be illegal. - Is there a form to report a landlord’s illegal utility shutoff?
Yes. Use the “Tenant’s Notice to Landlord: Utility Interruption” and, if needed, the “Complaint for Relief Under Landlord & Tenant Act.” - Where can I find Nebraska’s official laws on landlord-tenant issues?
The Nebraska Residential Landlord and Tenant Act covers all main rental rights, including utilities.
Conclusion: Key Takeaways for Nebraska Renters
- Landlords in Nebraska cannot legally shut off electricity to force payment or eviction.
- You can use official notice and complaint forms to protect your rights if your utilities are interrupted.
- The Nebraska Residential Landlord and Tenant Act and County Court protect your housing and utility rights as a renter.
Stay proactive and informed to safeguard your rental home and well-being.
Need Help? Resources for Renters
- Nebraska County Court: Self-Help Tenant Resources
- Nebraska Attorney General Consumer Protection Division (to report utility shutoff or rental violations)
- Legal Aid of Nebraska (free and low-cost legal help for renters)
- Official Nebraska Landlord-Tenant Act Laws
- Nebraska Residential Landlord and Tenant Act, Revised Statutes, Chapter 76, Article 14
- Section 76-1430—Landlord interference with services prohibited
- Tenant’s Notice to Landlord: Utility Interruption, Nebraska Judicial Branch
- Complaint for Relief Under Landlord & Tenant Act, Nebraska Judicial Branch
- Nebraska County Courts—Residential Landlord/Tenant Matters
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