Neb. Rev. Stat. § 76-1401 et seq. § 76-1415
Prohibited provisions in rental agreements.
Operative Text
(1) No rental agreement may provide that the tenant: (a) Agrees to waive or to forego rights or remedies under the Uniform Residential Landlord and Tenant Act; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (c) Agrees to pay the landlord's or tenant's attorney's fees; or (d) Agrees to the exculpation or limitation of any liability of the landlord arising due to active and actionable negligence of the landlord or to indemnify the landlord for that liability arising due to active and actionable negligence or the costs connected therewith. (2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her and reasonable attorney's fees. The Uniform Residential Landlord and Tenant Act applies only to residential leases and does not prohibit exculpatory clauses or limitations on the landlord's liability in commercial leases. Bedrosky v. Hiner, 230 Neb. 200, 430 N.W.2d 535 (1988).
Under Neb. Rev. Stat. § 76-1401 et seq. § 76-1415, Nebraska law voids certain clauses that landlords might otherwise try to include in residential rental agreements. Specifically, provisions that strip tenants of statutory rights, allow confession of judgment, require tenants to pay attorney's fees, or shield landlords from liability for their own active negligence are unenforceable as a matter of law. When a landlord knowingly includes such prohibited terms, the tenant may be entitled to recover actual damages and reasonable attorney's fees.
Plain English — not legal advice.
Neb. Rev. Stat. § 76-1401 et seq. § 76-1415 sets firm limits on what residential lease language can accomplish, and compliant operators generally review their lease templates to ensure none of the four prohibited clause types appear. Landlords who knowingly include banned provisions face exposure beyond mere unenforceability — tenants can pursue actual damages and attorney's fees in that circumstance. Property managers working with standard lease forms often have those documents reviewed periodically to confirm alignment with Nebraska's Uniform Residential Landlord and Tenant Act requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1401 et seq. § 76-1415 gives Nebraska residential tenants a meaningful protection: any lease clause that waives your statutory rights, confesses judgment against you, forces you to pay attorney's fees, or releases the landlord from liability for active negligence is automatically unenforceable. If a landlord knowingly included such a clause, the law provides a path to recover actual damages and reasonable attorney's fees. Tenants who believe their lease contains prohibited provisions may consider consulting a tenant-rights organization or legal aid office to understand the options available under this provision.
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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