Nebraska Security Deposit Laws: Limits, Returns, and Penalties
A complete guide to Nebraska security deposit regulations, including the one-month limit, 14-day return deadline, pet deposits, and penalty provis
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Governed by the Nebraska Uniform Residential Landlord and Tenant Act (URLTA), which has been the primary authority on rental housing since its effective date on July 12, 1974, the state's security deposit rules are straightforward but carry significant penalties for non-compliance. Understanding the limits, return deadlines, and itemization requirements is essential for every landlord operating in the state.
Official Law Citation: The regulations on this page are strictly enforced by the Nebraska URLTA § 76-1416.
Deposit Limits
- The security deposit cannot exceed one month's rent.
- If the tenant has a pet, the landlord may collect an additional pet deposit of up to one-quarter of one month's rent.
Holding the Deposit
Nebraska law does not require landlords to:
- Hold the deposit in a separate bank account.
- Pay interest on the security deposit.
- Place the deposit in an escrow or trust account.
Returning the Deposit
The 14-Day Rule
The landlord must return the security deposit and a written itemization within 14 days after the date of termination of the tenancy.
The 14-day period for returning the deposit begins upon the 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.
Itemized Statement
If the landlord makes any deductions, they must provide a written, itemized list of all damages and charges along with the remaining deposit balance within the 14-day window.
Allowable Deductions
Landlords may deduct for:
- Unpaid rent.
- Damage beyond normal wear and tear (e.g., holes in walls, broken fixtures, stained carpets beyond normal use).
- Cleaning costs necessary to restore the property to its condition at move-in.
- Other damages suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421.
Normal wear and tear (e.g., minor scuff marks, faded paint, worn carpet from regular use) is not deductible.
Penalties for Non-Compliance
If a landlord fails to comply with the requirements for returning the security deposit and itemization within 14 days, the tenant may recover:
- The property and money due.
- Court costs and reasonable attorney's fees.
In addition, if the landlord's failure to comply is willful and not in good faith, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the security deposit, whichever is less, as liquidated damages.
Nebraska Security Deposit Laws at a Glance
Managing security deposits is the #1 cause of landlord-tenant lawsuits in Nebraska. To stay compliant with Neb. Rev. Stat. § 76-1416, you must follow a strict set of rules regarding how much you collect and how quickly you return it.
The One-Month Cap
For residential properties, the maximum security deposit is one month's rent. If the rent is $1,200, the deposit can be no more than $1,200.
- Exceptions: You may charge an additional "pet deposit" of up to one-fourth (25%) of one month's rent. So, for a $1,200 rental, you could collect $1,200 (base) + $300 (pet) = $1,500 total.
Deductions and Wear-and-Tear
You can only deduct for:
- Accrued rent that has not been paid.
- Damages that exceed "normal wear and tear."
- Cleaning if it is necessary to return the unit to the state it was in at the start of the lease.
The 14-Day Return Rule
The most unique feature of Nebraska law is the 14-day return window. The 14-day period for returning the deposit begins upon the termination of the tenancy. Within 14 calendar days of termination, you must:
- Deliver or mail the remaining portion of the deposit.
- Provide a written, itemized statement of any deductions made.
If you fail to do this, the tenant can sue you for the full amount plus reasonable attorney fees. If the failure is willful and not in good faith, additional liquidated damages may apply. Using Landager allows you to automate this timeline by logging the "Tenancy Termination" date and setting an instant 14-day alert.
Frequently Asked Questions
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Sources & Official References
Frequently Asked Questions
▶What are the Nebraska security deposit rules and return deadlines?
Nebraska has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
▶What are the Nebraska landlord-tenant laws every property owner should know?
Nebraska's residential landlord-tenant relationships are governed primarily by the Uniform Residential Landlord and Tenant Act (URLTA), codified in Neb. Rev. Stat. §§ 76-1401 through 76-1449. Nebraska is widely considered a landlord-friendly state due to its lack of rent control, absence of statutory late fee caps, and relatively streamlined eviction procedures. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Nebraska eviction process and how long does it take?
The Nebraska eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Nebraska. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Nebraska rent increase laws and caps for landlords?
Nebraska has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Nebraska has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Nebraska?
Nebraska has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Nebraska state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Nebraska landlords provide to tenants?
Nebraska landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Nebraska lease requirements for rental properties?
Nebraska recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Nebraska law.
Read the complete guide▶What are Nebraska landlord maintenance obligations and habitability standards?
Nebraska landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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