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Tenants' Rights

Landlords' Responsibilities

Comply with the terms of the lease.

Disclose name and address. When the lease is signed, the landlord or leasing agent must disclose to the tenant the name and address of the property manager and must provide an address where the tenant can serve notices and demands on the owner. (Nebraska Statute 76-1417)

Deliver possession of the property. The landlord must deliver possession of the property, ready for occupancy by the tenant on the date specified in the lease. If the landlord fails to deliver possession or if the property is not ready for occupancy, the tenant may demand compliance, or may terminate the lease with five days written notice to the landlord. If the tenant terminates the lease, the landlord must return the prepaid rent and security deposit. (Nebraska Statute 76-1418) and (Nebraska Statute 76-1426)

Give notice at least one day before entering the property. Except in an emergency, the landlord must give a notice of intent to enter the property at least one day before entering. The landlord may give notice and enter the property to inspect it, to make repairs or alterations, or to show the property to prospective tenants or prospective buyers. In an emergency situation (e.g., fire, broken water pipes) the landlord may enter without giving notice or gaining consent from the tenant. (Nebraska Statute 76-1423)

Maintain the property. If a local minimum housing code applies to the property, the landlord must maintain the property so it complies with the local code.

If the property is not covered by a local minimum housing code, the landlord must:

  • Maintain the property in a fit and habitable condition.
  • Keep all common areas in a clean and safe condition.
  • Maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord.
  • Provide garbage service and trash removal.

    • If the property is a single-family house, the lease can shift this duty to the tenant unless local law says otherwise.
  • Supply running water and hot water.

    • If the property is a single-family house, the lease can shift this duty to the tenant unless local law says otherwise.

(Nebraska Statute 76-1419)

Return the balance of the security deposit. The landlord must return the unused balance of the security deposit and an itemized list of all deductions within 14 days after the tenant moves out and requests the deposit. The tenant’s request must be in writing, and must contain a mailing address where the landlord can send the deposit and itemization. (Nebraska Statute 76-1416)

Perform all duties with good faith. Landlords and tenants must perform all duties in good faith. Good faith means honesty in fact in performing the duty. (Nebraska Statutes 76-1411 and 76-1410(4))

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