Neb. Rev. Stat. § 76-1450 et seq. § 76-1489

Rental deposit; unlawful retention; damages.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/5/2026NebraskaSecurity Deposits

Operative Text

Neb. Rev. Stat. § 76-1450 et seq. § 76-1489
If a landlord retains all or any portion of a rental deposit in violation of sections 76-1483 to 76-1488 , the tenant may recover the amount of the rental deposit due to the tenant, court costs, and reasonable attorney's fees. In addition, if the landlord's retention of the rental deposit or any portion thereof is willful and not in good faith, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the rental deposit, whichever is less, as liquidated damages.
Source: Legislative text reproduced verbatim
Plain English

Under Neb. Rev. Stat. § 76-1450 et seq. § 76-1489, Nebraska law establishes consequences when a landlord improperly withholds all or part of a rental deposit in violation of the state's deposit-handling rules. A tenant who prevails can recover the wrongfully withheld deposit amount, court costs, and reasonable attorney's fees. If the retention is found to be willful and in bad faith, additional liquidated damages—capped at the lesser of one month's periodic rent or twice the deposit amount—may also be awarded.

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

Plain English — not legal advice.

For Property Managers

Neb. Rev. Stat. § 76-1450 et seq. § 76-1489 makes clear that operators who fail to follow Nebraska's deposit-return requirements face liability for the withheld amount plus court costs and attorney's fees. Compliant property managers typically document the condition of the unit thoroughly, provide itemized written statements within the required timeframe, and return any unearned portion of the deposit promptly. Willful or bad-faith withholding exposes a landlord to an additional liquidated-damages award on top of the deposit itself.

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. § 76-1450 et seq. § 76-1489 gives tenants a legal basis to seek recovery of an improperly withheld deposit, along with court costs and reasonable attorney's fees. If a court determines the landlord's withholding was willful and not in good faith, tenants may also be entitled to liquidated damages equal to the lesser of one month's rent or twice the deposit amount. Tenants who believe their deposit was wrongfully kept may consider consulting a tenant-rights organization, reviewing the deposit-return timeline under Nebraska law, or exploring small claims court as a potential forum.

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
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References Out

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Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT

Source Information

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Fetched:Oct 26, 2026, 07:14 AM UTC