Neb. Rev. Stat. § 76-1401 et seq. § 76-1439
Retaliatory conduct prohibited.
Operative Text
(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety; or (b) The tenant has organized or become a member of a tenants' union or similar organization. (2) If the landlord acts in violation of subsection (1), the tenant is entitled to the remedies provided in section 76-1430 and has a defense in action against him for possession. Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurrence of acts specified in subsection (1). (3) Notwithstanding subsections (1) and (2), a landlord may bring an action for possession if: (a) The violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent; (b) The tenant is in default in rent; or (c) Compliance with the applicable minimum building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of the action does not release the landlord from liability under subsection (2) of section 76-1425 . A separate action for termination of a rental agreement is not a prerequisite to termination under this section. Vasquez v. CHI Properties, 302 Neb. 742, 925 N.W.2d 304 (2019).
Nebraska law under Neb. Rev. Stat. § 76-1439 prohibits landlords from retaliating against tenants who report housing or building code violations to a government agency or who join a tenants' union or similar organization. Retaliation is defined to include raising rent, cutting services, or initiating or threatening eviction proceedings in response to those protected activities. However, the law carves out exceptions allowing landlords to pursue possession when the tenant caused the code violation, is behind on rent, or when compliance requires work that would make the unit uninhabitable.
Plain English — not legal advice.
Under Neb. Rev. Stat. § 76-1439, compliant property operators are careful to document the independent, non-retaliatory business reasons behind any rent increase, service change, or eviction action—particularly when a tenant has recently filed a code complaint or joined a tenant organization. Operators generally maintain records showing that such decisions were based on factors like lease defaults, tenant-caused damage, or required code-compliance renovations rather than on the tenant's protected activity. Landlords should be aware that even when an exception under § 76-1439(3) applies, liability under Neb. Rev. Stat. § 76-1425(2) for habitability conditions may still remain.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Neb. Rev. Stat. § 76-1439 gives tenants protection from rent increases, service reductions, or eviction threats that follow a housing code complaint to a government agency or participation in a tenants' union. If a landlord takes such action in apparent retaliation, tenants may be entitled to remedies under Neb. Rev. Stat. § 76-1430 and can raise retaliation as a defense in an eviction proceeding. Tenants who believe they are experiencing retaliation may consider contacting a local tenant-rights organization or a government housing enforcement agency to understand the options available under § 76-1439.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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