Landlord repairs in Nebraska

After written or actual notice, the landlord must substantially comply with minimum housing codes materially affecting health and safety and make all repairs needed to put and keep the premises in a fit and habitable condition. Where a minimum housing code applies, that code sets the landlord's maximum duty. (Neb. Rev. Stat. § 76-1419(1))

Nebraska law names these:

• clean and safe common areas
• electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and supplied appliances (including elevators) in good and safe working order
• garbage and waste receptacles and removal
• running water
• reasonable amounts of hot water at all times
• reasonable heat

The landlord's repair duty starts after written or actual notice, but the tenant's termination remedy and the essential-services remedies require a written notice to the landlord specifying the breach. Legal Aid of Nebraska advises sending it by first-class or certified mail and keeping a copy. (Neb. Rev. Stat. §§ 76-1419, 76-1425(1), 76-1427(3))

The notice must be in writing. Write a Nebraska repair request letter.

For a material noncompliance affecting health and safety, the tenant's written notice may say the lease will end on a date at least 30 days after the landlord receives it if the breach is not remedied in 14 days. If the landlord adequately remedies before the termination date, the lease does not end. For no heat, running water, hot water or essential services, the § 76-1427 remedies arise once written notice is given, with no waiting period stated.

Law: Neb. Rev. Stat. §§ 76-1425(1), 76-1427

Allowed with limits. Only for heat, running water, hot water or essential services: if the landlord deliberately or negligently fails to supply them, the tenant may, after written notice, procure reasonable amounts of them and deduct the actual and reasonable cost from rent. There is no general repair-and-deduct remedy for other repairs. A tenant who uses § 76-1427 may not also proceed under § 76-1425 for the same breach.

Law:

Neb. Rev. Stat. § 76-1427(1)(a), (2)

Not addressed by state law. The Act has no general rent-withholding remedy. The only rent excusal is for heat/water/essential-service failures: if the tenant moves into reasonable substitute housing, rent is excused for the period of noncompliance. In a nonpayment eviction or rent suit the tenant may counterclaim, and the court may order rent paid into court.

Law:

Neb. Rev. Stat. §§ 76-1427(1)(c), 76-1428

Allowed. Written 14/30-day notice: if a material noncompliance affecting health and safety is not remedied within 14 days, the lease ends on the date in the notice (at least 30 days after receipt). If substantially the same breach recurs within 6 months, the tenant may terminate on at least 14 days' written notice. No termination for conditions the tenant or their household or guests caused. The landlord must return prepaid rent and the recoverable deposit. If the landlord willfully cuts off electric, gas, water or other essential service, the tenant may terminate and recover 3 months' rent plus attorney's fees.

Law:

Neb. Rev. Stat. §§ 76-1425(1), (4), 76-1430

Damages and injunctive relief for any noncompliance with the lease or § 76-1419, with attorney's fees if the noncompliance is willful (§ 76-1425(2)). For heat/water/essential-service failures, damages for reduced rental value, and if the failure is deliberate, substitute-housing costs up to one month's rent plus attorney's fees (§ 76-1427). Counterclaim in a nonpayment eviction, with the court able to order rent paid into court (§ 76-1428).

A landlord may not raise rent, decrease services, or bring or threaten an eviction because the tenant complained to a government housing or building code agency about a violation materially affecting health and safety, or joined or organized a tenants' union. The statute does not protect a repair request made only to the landlord and sets no presumption period. Exceptions: the tenant caused the violation, the tenant is behind on rent, or compliance would require work that deprives the tenant of use of the unit. Remedies: 3 months' rent plus attorney's fees and a defense to eviction. (Neb. Rev. Stat. §§ 76-1439, 76-1430)

Legal Aid of Nebraska tells tenants to report problems to their city's housing code enforcement office (asking first whether written notice to the landlord is required) where one exists.

• In a single-family home, the landlord and tenant may agree in a written, good-faith agreement for consideration that the tenant handles garbage, heat/hot water and specified repairs (§ 76-1419(2)).
• Legal Aid of Nebraska's 2025 Landlord and Tenant Handbook includes sample 14-day repair letters and a 14/30-day termination notice.

• Nebraska repair request letter (free, runs in your browser)
• Breaking a lease in Nebraska: notice periods and early-termination rights
• Nebraska eviction notice rules: what a notice for unpaid rent requires

• Neb. Rev. Stat. § 76-1419 (Landlord to maintain fit premises) Retrieved October 14, 2026.
• Neb. Rev. Stat. § 76-1425 (Noncompliance by landlord) Retrieved October 14, 2026.
• Neb. Rev. Stat. § 76-1427 (Failure to supply heat, water, essential services) Retrieved October 14, 2026.
• Neb. Rev. Stat. § 76-1428 (Noncompliance as defense to possession) Retrieved October 14, 2026.
• Neb. Rev. Stat. § 76-1430 (Unlawful ouster or diminution of service) Retrieved October 14, 2026.
• Neb. Rev. Stat. § 76-1439 (Retaliatory conduct prohibited) Retrieved October 14, 2026.
• Legal Aid of Nebraska, Landlord and Tenant Handbook (2025) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.