Neb. Rev. Stat. § 18-1758 § 18-1758
Short-term rentals; municipality; ordinance or other regulation; powers.
Operative Text
(1) For purposes of this section: (a) Municipality means a city or village; and (b) Short-term rental means a residential property, including a single-family dwelling or a unit in a condominium, cooperative, or time-share, that is rented wholly or partly for a fee for a period not longer than thirty consecutive days. (2) A municipality shall not adopt or enforce an ordinance or other regulation that expressly or effectively prohibits the use of a property as a short-term rental. (3) A municipality may adopt or enforce an ordinance or other regulation that specifically regulates property used as a short-term rental only if the municipality demonstrates that the primary purpose of the ordinance or other regulation is to protect the public's health and safety. An ordinance or other regulation authorized by this subsection includes: (a) Requirements addressing: (i) Fire and building codes; (ii) Health and sanitation; (iii) Traffic control; and (iv) Solid or hazardous waste and pollution control; and (b) Requirements regarding the designation of an emergency contact for the property. (4) A municipality may adopt or enforce an ordinance or other regulation that imposes a sales tax or an occupation tax on short-term rentals if the tax is otherwise permitted by applicable law. (5) A municipality may adopt or enforce an ordinance or other regulation that limits or prohibits the use of a short-term rental only if the law limits or prohibits the use of a short-term rental for the purpose of: (a) Housing sex offenders; (b) Operating a structured sober living home or similar enterprise; (c) Selling illegal drugs; (d) Selling alcohol or another activity that requires a permit or license under the Nebraska Liquor Control Act; or (e) Operating a sexually oriented business. (6) A municipality shall apply an ordinance or other regulation regulating land use to a short-term rental in the same manner as another similar property. An ordinance or other regulation described by this subsection includes: (a) Residential use and other zoning matters; (b) Noise and other nuisances; and (c) Property maintenance. (7) This section shall not be construed to affect regulations of a private entity, including a homeowners association organized under the Condominium Property Act or the Nebraska Condominium Act.
Neb. Rev. Stat. § 18-1758 establishes that Nebraska cities and villages cannot flatly ban short-term rentals—defined as residential properties rented for thirty consecutive days or fewer—but they retain authority to regulate them for health and safety purposes, impose certain taxes, and apply standard land-use rules equally to short-term and comparable long-term properties. Municipalities may also restrict short-term rentals when the property is being used for specific harmful purposes, such as housing sex offenders or operating a sexually oriented business. Importantly, the statute does not override rules set by private entities like homeowners associations.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 18-1758, operators of short-term rentals in Nebraska cities and villages can generally expect that a blanket municipal ban on their activity is not enforceable. Compliant operators typically stay current with any locally adopted health, safety, fire, and sanitation requirements, designate an emergency contact for the property, and pay any applicable sales or occupation taxes the municipality has lawfully imposed. Operators also generally ensure their property is not used for any of the prohibited purposes listed in the statute, such as selling illegal drugs or operating a sexually oriented business, which could expose the rental to lawful municipal restriction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 18-1758 means that tenants renting a property on a short-term basis in a Nebraska city or village have a baseline protection against their rental arrangement being made entirely illegal by local ordinance. If a municipality attempts to enforce a regulation that effectively prohibits all short-term rentals, that action may conflict with this statute. Tenants who believe a local rule is being applied inconsistently—for example, more strictly to short-term rentals than to comparable properties—may wish to consult a tenant-rights organization or legal aid provider to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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