Legislation Nebraska Landlords Need to Know

Starting on September 1^st the new laws affecting the Notice to Quit for nonpayment of rent and refunding a security deposit to tenants will go into effect in Nebraska.  Here is what you need to know:

Nonpayment of Rent:  A landlord must serve a 7-Day Notice to Quit for nonpayment of rent.  Regardless of whether you hand-deliver the notice or mail the notice to the tenant, they only have 7 days to pay rent from the date you serve it.  The three-day mailbox rule no longer applies.
 
Security Deposit:      A landlord must return the security deposit (or any remaining balance) and an itemized statement of deductions to the tenant within 14 days from the date the tenancy is terminated  Unless the tenant provides you with a new address, the landlord must send the itemized statement of deductions and any security deposit to the tenant’s last known address.  The tenant does not have to request the return of the security deposit or provide the landlord with an address to send any security deposit. 
 
               If the landlord fails to send the itemized statement of deductions and any security deposit to the tenant within 14 days from the date the tenancy terminates, then the tenant is entitled to receive the full security deposit, court costs, and reasonable attorney’s fees.  If the landlord’s failure to send the itemized statement of deductions and any security deposit is willful, then the tenant is entitled to receive one month’s rent or twice the amount of the security deposit, whichever is less, plus the full security deposit, court costs, and reasonable attorney’s fees.
 
               If the mailing with any security deposit is returned as undeliverable or the returned balance of security deposit remains outstanding 30 days after the date of the mailing, the landlord shall send any balance of the security deposit to the State Treasurer within 60 days.
 
Tip:      A landlord should automatically send the itemized statement of deductions and any remaining balance of the security deposit to the tenant’s last known address within 14 days the tenancy ends unless the tenant provides the landlord with a new address.

For questions, contact attorney Gene Eckel at (402) 315-1248 or EckelG@GoosmannLaw.com