Nebraska Security Deposit Laws: Key Tenant Protections

If you’re renting a home or apartment in Nebraska, understanding your rights around security deposits is essential. Nebraska’s security deposit laws give renters clear protections related to how much landlords can charge, how deposits must be handled, and your options if there’s a dispute. Here’s what every Nebraska renter should know about security deposits, timelines, and tenant protections.

Understanding Security Deposits in Nebraska

A security deposit is money paid by the renter to the landlord at the start of the tenancy. This deposit protects the landlord if you cause excessive damage, fail to pay rent, or break your lease. Nebraska law sets strict rules about how much can be charged, how it must be held, and when it’s to be returned to the renter.

Maximum Amount Allowed

• Landlords can charge up to one month’s rent as a security deposit.
• If you have a pet (excluding service animals), the landlord may charge up to an additional one-quarter month’s rent as a pet deposit.

This limit is set by the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. § 76-1416).

How Security Deposits Must Be Handled

• Your deposit must be kept in a trust account, separate from the landlord’s personal funds.
• Landlords may use the deposit only for certain reasons: unpaid rent, damages beyond normal wear and tear, or other valid losses under the lease.

Return of Security Deposit

• Landlords have 14 days after your lease ends and you move out to return your deposit.
• If any amount is withheld, the landlord must provide a written, itemized list of deductions within the same period.
• If you gave a forwarding address, the landlord must send the deposit and itemized list there. If not, they must mail it to your last known address.
• You must provide a mailing address for your deposit to be returned promptly.

These requirements protect you from unfair withholding or delays. If the landlord fails to comply, you may be entitled to recover your full deposit plus damages.¹

Common Reasons a Landlord May Withhold a Deposit

• Unpaid rent at the end of the lease
• Damage to the property beyond normal wear and tear
• Other agreed deductions stated in your lease

Normal wear and tear means minor scuffs, faded paint, or gentle use. Major holes, stains, or broken fixtures could qualify as damages.

Disputing Wrongful Deductions or Non-Return

If you believe your security deposit was wrongly withheld or not returned within 14 days, Nebraska law gives you options. Start by contacting your landlord in writing, requesting an explanation or return of your deposit. If that fails, you may file a formal complaint or even take legal action.

Filing a Complaint or Taking Legal Action

• You can file a complaint with the Nebraska Attorney General’s Consumer Protection Division.
• Disputes over security deposits are typically handled by the Nebraska Small Claims Court. Tenants can sue for the return of their deposit and damages.
• If your deposit is wrongfully withheld, you may also be eligible for damages under state law.

Official Forms and Where to Get Help

• Small Claims Court Complaint Form
  • Name: "Plaintiff’s Claim – Small Claims Court (CC 4:1)"
  • How to Use: Fill this form to start a small claims court case to recover your deposit. Attach evidence such as your lease, move-out photos, and correspondence.
  • Access the Small Claims Court Complaint Form (PDF)
• Attorney General Consumer Complaint Form
  • Name: "Consumer Complaint Form"
  • How to Use: Submit if you believe your landlord acted unlawfully or not in accordance with the Nebraska Uniform Residential Landlord and Tenant Act.
  • File a Complaint Online

For routine disputes, the Nebraska Small Claims Court (a division of the Nebraska Judicial Branch) is the official tribunal for residential tenancy disputes.

FAQ: Nebraska Security Deposit Laws

1. How quickly must my landlord return my security deposit in Nebraska?
   Landlords are required to return the deposit (or an itemized statement of deductions) within 14 days after you move out and return possession of the property.
2. What can my landlord deduct from my deposit?
   Your landlord can deduct for unpaid rent, damage beyond normal wear and tear, and any other deductions agreed upon in your lease.
3. What should I do if my landlord won’t return my deposit?
   First, send a written demand for the return and keep a copy. If the landlord still refuses, you may file a complaint with the Nebraska Attorney General or take them to small claims court.
4. Is there an official case limit for small claims court in Nebraska?
   Yes. The maximum amount for small claims in Nebraska is $3,900 as of 2024.
5. Do I have to pay to file a small claims case regarding my deposit?
   Yes, there is a filing fee, but if you win, you can ask the court to include it in your claim against the landlord.

Conclusion: Key Takeaways for Nebraska Renters

• Landlords may not charge more than one month’s rent for security deposits (plus a modest pet deposit).
• Your deposit—and any deduction statement—must be returned within 14 days of moving out.
• If you believe your deposit was unfairly withheld, you can file a consumer complaint or claim in small claims court.

Review lease agreements carefully and keep thorough records for the best protection.

Need Help? Resources for Renters

• Nebraska Attorney General's Consumer Protection Division: 800-727-6432
• Nebraska Small Claims Court Information
• Legal Aid of Nebraska – Free or low-cost legal help for renters
• Nebraska Uniform Residential Landlord and Tenant Act (official state legislation)

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1. Nebraska Uniform Residential Landlord and Tenant Act – Security Deposits (Neb. Rev. Stat. § 76-1416)
2. Nebraska Judicial Branch: Small Claims Court
3. Nebraska Attorney General’s Consumer Protection Division

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