Nebraska Renters Rights Law Nebraska State Statute
Security Deposit Refund Nebraska Renters Rights Law
Something to consider before you read the Nebraska statutes (below)
If your Landlord is refusing to give back your security deposit in Nebraska, we can help. We have a 95% success rate recovering deposits in Nebraska.
You might be calling attorneys to see if you can find a local Nebraska attorney to take this case for you. You will soon find out that it’s not that easy. Most attorneys in Nebraska require more money than the deposit is worth after you pay them their fees. And attorneys rarely take these types of cases on contingency. We do. Another consideration is to find an attorney to just write a letter for you.
The average price in Nebraska to have an attorney write a demand letter for you is about $300. We don’t charge you anything to write the demand letter, but you are responsible for the certified mail processing fee, $29 is all. You will waste considerable time looking, calling and shopping for affordable lawyers only to come to the realization that most attorneys have no interest in these types of cases. That’s where we come in. Our organization offers discounted services to tenants in Nebraska. We are affordable and extremely effective. Less than 10% of ‘do it yourself’ Nebraska tenants win. Pro se legal representation means advocating on one’s own behalf before a court, rather than being represented by a lawyer. Your chances of winning ‘Pro se’ in small claims court in Nebraska are extremely low. In fact, it’s less than 10%. Just remember, your landlord WILL HAVE AN ATTORNEY. Statistics show that Nebraska courts lean heavily in favor of landlords, and you will most likely loose for failure to comply with procedural rules or on a technicality that you had no knowledge of.
Security deposits; prepaid rent.
(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month’s periodic rent, except that a pet deposit not in excess of one-fourth of one month’s periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.
(2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after demand and designation of the location where payment may be made or mailed.
(3) If the landlord fails to comply with subsection (2) of this section, the tenant may recover the property and money due him or her and reasonable attorney’s fees.
(4) This section does not preclude the landlord or tenant from recovering other damages to which he or she may be entitled under the Uniform Residential Landlord and Tenant Act.
(5) The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
The mandatory attorney fees provisions of the Uniform Residential Landlord and Tenant Act include fees for pro bono work. Black v. Brooks, 285 Neb. 440, 827 N.W.2d 256 (2013).
Where there is no written agreement obligating the client to pay an attorney fee award to the pro bono organization, the proper remedy to avoid a windfall to the prevailing party is to award the fee directly to the pro bono organization. Black v. Brooks, 285 Neb. 440, 827 N.W.2d 256 (2013).
The 14-day limitation language in subsection (2) of this section refers to the time allowed the landlord to return the deposit, not the time in which a demand must be made by the vacating tenant. Hilliard v. Robertson, 253 Neb. 232, 570 N.W.2d 180 (1997).
Under subsection (3) of this section, in order to recover a deposit plus an attorney fee, tenant must establish that landlord did not comply with a demand for return of the security deposit. Mason v. Schumacher, 231 Neb. 929, 439 N.W.2d 61 (1989).
Where a tenant prevails in an action under subsection (2) of this section against the tenant’s landlord, the tenant is entitled to recover reasonable attorney fees under subsection (3) of this section as a matter of right; it is not at the discretion of the trial court. However, in order to recover fees under subsection (3) of this section, the tenant must present evidence of the tenant’s attorney fees such that a trial court can make a meaningful award. Lomack v. Kohl-Watts, 13 Neb. App. 14, 688 N.W.2d 365 (2004).