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Omaha, NE Rental Property Rules: Tenant Anti-Harassment (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Statute
NE §76-1439
Lookback window
12 months
Burden
Presumption against landlord
Omaha-specific rule
None additional

Summary

Nebraska URLTA §76-1439 prohibits landlord retaliation against tenants who exercise legal rights, such as reporting code violations or joining tenant associations. Omaha has no separate anti-harassment ordinance, so URLTA controls.

76-1439. Retaliatory conduct prohibited. (1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or (b) The tenant has organized or become a member of a tenants' union or similar organization. (2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1). (3) Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if: (a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent; (b) The tenant is in default in rent; or (c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.

Source: Nebraska LegislatureView official code

Full Breakdown

Retaliation includes raising rent, decreasing services, threatening eviction, or terminating a tenancy because the tenant complained to a government agency, requested repairs in good faith, or organized with other tenants. Under §76-1439, retaliatory conduct within one year of the protected activity is presumed unlawful. Tenants may use retaliation as an affirmative defense to eviction or sue for actual damages plus attorney fees. Omaha tenants commonly file code-compliance complaints with the Permits and Inspections division as the protected activity that triggers protection.

Violations & Fines

Filing retaliatory eviction, hiking rent in response to code complaints, or shutting off utilities to pressure a tenant can trigger civil liability for damages, lost rent recovery, and attorney fees.

Frequently Asked Questions

What counts as retaliation in Nebraska?
Rent hikes, service cuts, eviction filings, or harassment within twelve months of a tenant filing a code complaint, requesting repairs, or joining a tenant union are presumed retaliatory.
How do I prove retaliation?
Document the timeline of your complaint and the landlord's adverse action. The 12-month presumption shifts the burden to the landlord to prove a legitimate non-retaliatory reason.

Sources & Official References

Other rules in Omaha

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