Nebraska security deposit law
Source: Neb. Rev. Stat. § 76-1416 (Uniform Residential Landlord and Tenant Act) · Checked against the statute
- Maximum deposit
- Security, however labeled, may not exceed one month's rent. A separate pet deposit of up to one-fourth of one month's rent is also allowed. The cap does not apply to housing agencies under the Nebraska Housing Agency Act.
- Return deadline
- 14 days after the tenancy terminates
- If the landlord keeps it wrongly
- If the landlord doesn't comply, the tenant recovers the money due, court costs, and reasonable attorney's fees. If the failure is willful and not in good faith, the tenant also gets liquidated damages: one month's rent or twice the deposit, whichever is less (§ 76-1416(3)).
Calculate your Nebraska deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Deliver or mail the balance and a written itemization within 14 days after the tenancy ends.
If the tenant gives no mailing address or instructions, the landlord must mail the balance and itemization by first-class mail to the tenant's last-known address. If it comes back undeliverable, or the refund is still outstanding after one year, it is abandoned property reported and paid to the State Treasurer.
Itemized list of deductions
Required: Yes. A written itemization of the amount kept must go with any balance.
What can and can't be deducted
The statute doesn't define normal wear and tear. The deposit may cover only unpaid rent and damages caused by the tenant's breach of the rental agreement or of the tenant duties in § 76-1421.
Nonrefundable fees
The statute is silent on nonrefundable fees. Any security, however labeled, counts toward the one-month cap.
Interest, bank account and move-in inspection
- Interest required: No. No statewide interest requirement.
- Separate account required: No. The statute does not require a separate or trust account.
- Move-in inspection required: No. The statute does not require a move-in inspection or condition checklist.
Penalties and bad faith
If the landlord doesn't comply, the tenant recovers the money due, court costs, and reasonable attorney's fees. If the failure is willful and not in good faith, the tenant also gets liquidated damages: one month's rent or twice the deposit, whichever is less (§ 76-1416(3)).
The extra liquidated damages apply only when the failure to return and itemize is willful and not in good faith. The statute sets no presumption.
Getting your deposit back in court
Small claims court judgments may not exceed $7,500 (since July 1, 2025). Court information
Before filing, many tenants send a written demand first. Write a Nebraska demand letter →
Also good to know
- Whoever holds the landlord's interest when the tenancy ends is bound by these rules, including a new owner.
- A tenant isn't liable for damages tied to a government order to leave because the unit was unfit due to the landlord's negligence.
Sources
- Neb. Rev. Stat. § 76-1416 Retrieved October 11, 2026.
- Neb. Rev. Stat. § 25-2802 (small claims limit) Retrieved October 11, 2026.
- Nebraska Judicial Branch: Small Claims Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.