Nebraska Required Landlord Disclosures

The primary legal framework governing residential disclosures in Nebraska is the Nebraska Uniform Residential Landlord and Tenant Act (URLTA), which became effective on July 1, 1975. While Nebraska maintains a relatively streamlined set of disclosure requirements compared to other jurisdictions, the mandated notifications regarding landlord identity and lead-based paint hazards are strictly enforced.

Official Law Citation: The regulations on this page are mandated primarily by the Nebraska Revised Statutes § 76-1417Preview unavailable and the federal Residential Lead-Based Paint Hazard Reduction ActPreview unavailable.

1. Landlord and Agent Identification

Under Neb. Rev. Stat. § 76-1417, the landlord or any person authorized to enter into a rental agreement on their behalf must disclose to the tenant in writing at or before the commencement of the tenancy:

• Manager Identification: The name and address of the person authorized to manage the premises.
• Service of Process: The name and address of an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.

This information must be kept current. If the manager or owner changes, the landlord must provide updated contact information to the tenant. Failure to comply with this disclosure requirement makes the person who entered into the lease agreement an agent of the landlord for the purpose of service of process and performing landlord obligations.

2. Lead-Based Paint Disclosure (Federal)

For any residential property built before 1978, federal law (42 U.S.C. § 4852d) requires landlords to provide specific information regarding lead-based paint. This is not a state-specific law but applies to all Nebraska rentals:

• Disclose Known Hazards: Disclose the presence of any known lead-based paint or hazards.
• Provide Records: Provide any records or reports pertaining to lead-based paint in the unit or common areas.
• EPA Pamphlet: Provide the tenant with the EPA-approved pamphlet, "Protect Your Family From Lead in Your Home."
• Lease Attachment: Include a signed Lead Disclosure Attachment to the lease, which includes a specific "Lead Warning Statement."

Penalties for Non-Compliance

Failure to comply with federal lead paint disclosures can result in:

• Civil penalties of up to $23,163 per violation (as of January 2024).
• Potential criminal penalties for willful violations.
• Triple damages (treble damages) in private civil lawsuits brought by tenants.

3. Possession of the Premises

While not a "disclosure" in the traditional sense, Neb. Rev. Stat. § 76-1418 requires the landlord to deliver possession of the premises to the tenant at the commencement of the term. If the landlord fails to deliver possession, rent abates until possession is delivered, and the tenant may terminate the rental agreement upon at least five days' written notice.

4. The 5-Day Notice for Illegal Activity

In Nebraska, landlords have a specific obligation when terminating a lease for serious misconduct. Under Neb. Rev. Stat. § 76-1431(4), if a tenant or guest engages in violent criminal activity or sells, produces, or distributes a controlled substance on the premises, the landlord may terminate the lease with a 5-day notice to quit, which is significantly shorter than the standard 14/30 day cure notice for other breaches.

Other Considerations

• Local Ordinances: Cities like Omaha and Lincoln have rental registration programs that may require additional disclosures or certificates to be displayed or provided to tenants.
• Utility Billing: If the landlord bills for utilities based on a ratio utility billing system (RUBS) or submetering, Neb. Rev. Stat. § 76-1482 requires the landlord to provide a written explanation of utility rates, charges, and services to the prospective tenant before the rental agreement is signed unless the utility charges are to be paid by the tenant directly to the utility company.

How Landager Helps

Landager automates the generation of Nebraska-compliant lease disclosures, ensuring that manager contact information and federal lead-based paint warnings are always included and documented.

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