Nebraska security deposit law: a one month cap and a 14 day return
Nebraska Revised Statute 76-1416 allows one month's rent as security, plus up to a quarter of a month more for a pet. After the tenancy ends, the balance and a written itemization must reach the tenant within fourteen days, and a willful miss can double the bill.
What is the most you can ask for?
Subsection (1) bars a landlord from demanding or receiving security, however denominated, above one month's periodic rent. The one exception is a pet deposit of no more than one-fourth of one month's rent, when appropriate. The words "however denominated" matter: a cleaning deposit or key deposit counts as security under the cap.
| Monthly rent | Deposit ceiling | Pet deposit ceiling |
|---|---|---|
| $800 | $800 | $200 |
| $1,200 | $1,200 | $300 |
| $1,640 | $1,640 | $410 |
| $2,000 | $2,000 | $500 |
The table shows ceilings, not requirements. Many landlords charge less to fill a unit faster.
What happens in the 14 days after move-out?
Subsection (2) lets you apply the deposit and any prepaid rent to unpaid rent and to damages caused by the tenant's noncompliance with the rental agreement or with the tenant's duty to keep the unit in order. The balance, if any, and a written itemization must be delivered or mailed to the tenant within fourteen days after the date the tenancy terminates.
If the tenant left no mailing address or instructions, you mail the balance and itemization by first-class mail to the last-known address. Mail that comes back undeliverable, or a returned balance that stays unclaimed for a year, is treated as abandoned property to be reported and paid to the State Treasurer under the Uniform Disposition of Unclaimed Property Act. That differs from states where an unclaimed deposit simply reverts to the landlord.
Example a made-up tenant ends a $1,100 tenancy on March 31 and the deposit is $1,100. The fourteenth day after termination is April 14. The landlord mails a statement on April 9 showing $175 for a broken oven door and a check for $925. The delivery is inside the period.
What can a tenant recover if you are late?
Under subsection (3), a landlord who does not comply with the return rules owes the property and money due, court costs and reasonable attorney's fees. If the failure is willful and not in good faith, the tenant may also recover liquidated damages equal to one month's periodic rent or twice the amount of the deposit, whichever is less.
Two limits keep the penalty in proportion. The extra damages apply only when the failure is willful and not in good faith, and they are capped at the lesser of the two figures. A good-faith mistake still costs the money and fees, but it does not trigger the liquidated amount.
Other points worth knowing
- The section does not stop either side from claiming other damages under the Uniform Residential Landlord and Tenant Act (subsection 4).
- A tenant is not liable for damages directly tied to being removed by a government order because the unit was unfit due to the landlord's negligence.
- Whoever holds the landlord's interest when the tenancy ends is bound by the section (subsection 5), so a buyer inherits the duty to return the deposit.
Keeping the 14 days in view with DoorKeeping
Fourteen days is a short window, so the date matters more than the wording. DoorKeeping starts a move-out task when a tenancy ends, counts the days on your property's list and drafts the itemized letter from your inspection notes for you to approve. Rent and deposits stay in your own accounts, and DoorKeeping sends money only with your tap. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.
Sources
Questions
- What is the Nebraska security deposit limit?
- One month's periodic rent, plus a pet deposit of up to one-fourth of one month's rent when appropriate (Neb. Rev. Stat. 76-1416(1)).
- How soon must a Nebraska landlord return the deposit?
- The balance and a written itemization must be delivered or mailed within fourteen days after the tenancy terminates.
- What if a Nebraska tenant never claims the deposit?
- If the mailing is returned undeliverable, or the returned balance stays outstanding for one year, it is treated as abandoned property reported and paid to the State Treasurer.