How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Nebraska, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
One month's periodic rent, plus a pet deposit of up to one-fourth of one month's rent "when appropriate" — § 76-1416(1). Housing agencies are exempt from the cap.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Nebraska |
|---|---|
| Unpaid rent | Permitted, if substantiated |
| Damages from the tenant's noncompliance with the rental agreement or § 76-1421 (tenant maintenance duties) | Permitted, if substantiated |
| Claimed deduction | Permitted in Nebraska |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without the written itemization within 14 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may apply prepaid rent and security only toward rent and damages from the tenant's noncompliance, and must deliver a written itemization within 14 days. The tenant must show the failure was willful and not in good faith to recover the lesser-of liquidated damages.
In Nebraska the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Neb. Rev. Stat. § 76-1416(2) ↗
A flat penalty of $undefined.
If the landlord fails to comply with §76-1416(2), the tenant may recover the property and money due, court costs, and reasonable attorney fees. In addition, if the failure is WILLFUL and NOT IN GOOD FAITH, the tenant may recover liquidated damages equal to one month's periodic rent OR two times the security deposit, WHICHEVER IS LESS.
Neb. Rev. Stat. § 76-1416(3) ↗The tenant may recover the landlord's attorney fees.
Court costs and reasonable attorney fees are recoverable on the landlord's failure to comply with the return-and-itemization duty.
Neb. Rev. Stat. § 76-1416(3) ↗Nebraska has one of the shortest deposit return windows: 14 days from termination, with no tenant demand or forwarding address required. This favors the tenant and is easy to prove.
Neb. Rev. Stat. § 76-1416(2) ↗For a willful, bad-faith failure, the tenant recovers the lesser of one month's rent or twice the deposit, plus costs and attorney fees. The lesser-of cap is frequently misreported as a flat 2x.
Neb. Rev. Stat. § 76-1416(3) ↗““You never demanded the deposit or gave me an address.””
Since the 2019 amendment, no demand or forwarding address is required. You must deliver or mail the balance and a written itemization within 14 days of termination.
Neb. Rev. Stat. § 76-1416(2)
““The penalty is twice the deposit, and I'm willing to pay it.””
The statutory liquidated damages for a willful, bad-faith failure are the LESSER of one month's rent or twice the deposit — plus court costs and reasonable attorney fees.
Neb. Rev. Stat. § 76-1416(3)
““I'm deducting for damages.””
You may apply the deposit only toward unpaid rent and damages from my noncompliance, and only with a written itemization within 14 days. Normal wear and tear is not deductible.
Neb. Rev. Stat. § 76-1416(2)
Some widely circulated summaries of Nebraska deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 2x the security deposit |
| Neb. Rev. Stat. § 76-1416(3) | One month's rent OR 2x the deposit, whichever is LESS |
What we follow: Lesser of one month's rent or 2x the deposit
The lesser-of cap is explicit in the statute. Reporting a flat "2x deposit" overstates the remedy for high-rent deposits.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Neb. Rev. Stat. § 76-1416(2) | 2026-10-15 | official text ↗ |
| Neb. Rev. Stat. § 76-1416(3) | 2026-10-15 | official text ↗ |
Primary reference: Neb. Rev. Stat. § 76-1416 (Security deposits; prepaid rent). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Nebraska Security Deposit Return
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The statute does not permit deductions for: normal wear and tear; any amount without the written itemization within 14 days.
The landlord. The landlord may apply prepaid rent and security only toward rent and damages from the tenant's noncompliance, and must deliver a written itemization within 14 days. The tenant must show the failure was willful and not in good faith to recover the lesser-of liquidated damages.
One month's periodic rent, plus a pet deposit of up to one-fourth of one month's rent "when appropriate" — § 76-1416(1). Housing agencies are exempt from the cap.
No. Normal wear and tear