Neb. Rev. Stat. § 76-1401 et seq. § 76-1428
Landlord's noncompliance as defense to action for possession.
Operative Text
(1) In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he or she may recover under the rental agreement or the Uniform Residential Landlord and Tenant Act. In that event, the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney's fees. (2) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) of this section but the tenant is not required to pay any rent into court.
Under Neb. Rev. Stat. § 76-1401 et seq. § 76-1428, when a landlord brings an action for possession due to unpaid rent, or an action to collect rent while the tenant remains in the unit, the tenant is permitted to raise a counterclaim for amounts owed under the rental agreement or the Uniform Residential Landlord and Tenant Act. A court may direct the tenant to pay accrued rent into court, then calculate what each party owes the other, with the net creditor paid first from those funds. If a tenant's counterclaim or defense lacks merit and is not raised in good faith, the landlord may be awarded reasonable attorney's fees.
Plain English — not legal advice.
Landlords pursuing eviction or rent-collection actions under Neb. Rev. Stat. § 76-1401 et seq. § 76-1428 should be aware that tenants have a statutory right to raise counterclaims in those proceedings, which can offset or eliminate the rent balance at issue. Compliant operators typically maintain thorough records of rent payments, repair requests, and lease terms so they can respond effectively if a counterclaim is filed. When a tenant's counterclaim is found to be without merit and not raised in good faith, the statute allows the landlord to seek recovery of reasonable attorney's fees.
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. § 76-1428 gives tenants the right to assert counterclaims against a landlord in eviction or rent-collection proceedings, potentially reducing or eliminating any rent found to be owed. Tenants who are no longer in possession of the unit may still raise such counterclaims without being required to pay rent into court during the case. Tenants who believe they have a valid counterclaim may wish to consult a tenant-rights organization or legal aid provider to understand the general enforcement paths 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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