Nebraska Statewide Rule
Nebraska Security Deposit Law: 1-Month Cap, 14-Day Return
Key Facts
- Deposit cap
- 1 month's rent (plus pet deposit up to 1/4 month's rent)
- Return deadline
- 14 days after termination of the tenancy
- Itemized statement
- Required; written itemization mailed with the balance
- Statute
- Neb. Rev. Stat. 76-1416
- Penalty
- Willful bad faith: liquidated damages of 1 month's rent or 2x the deposit (whichever is less), plus court costs and attorney fees
Summary
Nebraska caps a security deposit at one month's rent, plus a pet deposit of up to one-fourth of a month's rent. Under Neb. Rev. Stat. 76-1416, a landlord must mail the balance and a written itemization within 14 days after the tenancy terminates. Willful, bad-faith retention exposes the landlord to liquidated damages plus attorney fees.
Security deposits; prepaid rent. (1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act. (2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421 . The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address. If the mailing is returned as undeliverable, or if the returned balance of the security deposit remains outstanding for one year, it shall be considered abandoned property to be reported and paid to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act.
Full Breakdown
Neb. Rev. Stat. 76-1416, part of the state's Uniform Residential Landlord and Tenant Act, provides that a landlord "may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent," except a pet deposit not exceeding one-fourth of one month's rent. After termination, deposits and prepaid rent may be applied to accrued rent and to damages the landlord has suffered from the tenant's noncompliance. The statute then requires that "the balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy." If the tenant gives no mailing address, the landlord mails to the tenant's last-known address. The 14-day clock runs from termination, not from a tenant demand.
Violations & Penalties
Under Neb. Rev. Stat. 76-1416(3), a noncompliant landlord owes the money due, court costs, and reasonable attorney's fees. If the failure is willful and in bad faith, the tenant also recovers liquidated damages equal to one month's rent or two times the deposit, whichever is less.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Nebraska?
How long does a landlord have to return a security deposit in Nebraska?
What can a landlord deduct from a security deposit in Nebraska?
Sources
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