Neb. Rev. Stat. § 76-1401 et seq. § 76-1438

Landlord and tenant remedies for abuse of access or entry.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/5/2026NebraskaNotices & Entry

Operative Text

Neb. Rev. Stat. § 76-1401 et seq. § 76-1438
(1) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees.
(2) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages not less than an amount equal to one month's rent and reasonable attorney's fees.
Source: Legislative text reproduced verbatim
Plain English

Under Neb. Rev. Stat. § 76-1401 et seq. § 76-1438, Nebraska law establishes mutual remedies when either party misuses access rights to a rental unit. A landlord whose lawful access is refused may seek a court order compelling entry or end the tenancy, and may recover actual damages plus reasonable attorney's fees. Conversely, a tenant subjected to unlawful entry, entry carried out in an unreasonable manner, or repeated demands that amount to harassment may seek a court order stopping the conduct or terminate the agreement, and may recover actual damages of at least one month's rent plus reasonable attorney's fees.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 5, 2026

Plain English — not legal advice.

For Property Managers

Neb. Rev. Stat. § 76-1401 et seq. § 76-1438 gives landlords a legal path when a tenant blocks access that is otherwise permitted by law. Compliant operators generally document each access request and any refusal, follow proper notice procedures before entering, and avoid patterns of entry demands that could be characterized as harassment. When access is wrongfully denied, a landlord may pursue injunctive relief or lease termination along with actual damages and attorney's fees through the courts.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Neb. Rev. Stat. § 76-1401 et seq. § 76-1438 protects tenants from unlawful entry, entry conducted in an unreasonable way, or repeated entry demands that effectively harass them. Tenants in these situations have the right to seek a court injunction to stop the behavior or to terminate the rental agreement, and may recover actual damages of no less than one month's rent along with reasonable attorney's fees. Tenants who believe their access rights have been violated may consider documenting each incident, contacting a local tenant-rights organization, or consulting an attorney to understand which remedies may apply to their circumstances.

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.

Effective Timeline

Current
Oct 5, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Neb. Rev. Stat. § 76-1401

Related Rules

§ 3
Written notice of identity and address of foreclosing owner
§ 165.05
NOTICES
§ 8.60.080
Failure to pay fines

Source Information

Snapshot SHA:
Fetched:Oct 26, 2026, 07:10 AM UTC