Nebraska Statewide Rule
Nebraska Habitability and Landlord Repair Duties
Key Facts
- Landlord duties statute
- Neb. Rev. Stat. 76-1419
- Cure period (general breach)
- 14 days; termination >=30 days after notice (76-1425)
- Repair-and-deduct
- Essential services only; actual reasonable cost (76-1427)
- Substitute housing cap
- Up to one period's rent (76-1427)
- Willful breach
- Tenant may recover attorney's fees
Summary
Neb. Rev. Stat. 76-1419 requires landlords to keep rentals fit and habitable: comply with housing codes, make repairs, maintain common areas and essential systems, and supply running water, hot water, and heat. Tenants have remedies under 76-1425 and may procure essential services and deduct the cost under 76-1427.
Landlord to maintain fit premises. (1) The landlord shall: (a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety; (b) Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition; (c) Keep all common areas of the premises in a clean and safe condition; (d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him or her;
Full Breakdown
Neb. Rev. Stat. 76-1419 directs the landlord to 'put and keep the premises in a fit and habitable condition,' comply with minimum housing codes affecting health and safety, keep common areas clean and safe, maintain electrical, plumbing, heating, and air-conditioning facilities in good working order, provide trash receptacles, and supply running water, hot water, and reasonable heat. If the landlord materially fails to comply, the tenant may give written notice under 76-1425 and terminate if the breach is not cured in 14 days (termination at least 30 days after notice). For lapses in heat, water, or essential services, 76-1427 lets the tenant, after notice, procure them and deduct the actual reasonable cost from rent.
Violations & Penalties
Tenants may recover damages, obtain injunctive relief, and (for willful noncompliance) recover reasonable attorney's fees under Neb. Rev. Stat. 76-1425. They may also deduct the actual reasonable cost of self-procured essential services from rent under 76-1427.
Frequently Asked Questions
What must a Nebraska landlord maintain?
Can I repair and deduct in Nebraska?
How long does my landlord have to fix a serious problem?
Sources
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