Nebraska Security Deposit Law: 1-Month Cap, 14-Day Return

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.

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.