When a tenant dies in Nebraska: contact the authorized person within 10 days, then count 20 and 20
Nebraska's 76-1414(5) lets you ask a tenant for the name of a person authorized to retrieve their belongings if they die. After a death, you must reasonably try to reach that person within 10 days. They then have 20 days to say they will claim the property and 20 more days to remove it.
What can a Nebraska landlord ask for at move-in?
On your request, a tenant may give you, and keep up to date, the name and contact information of a person authorized to enter the unit to retrieve and store the tenant's personal property if the tenant dies. Notice the word "may." Unlike some states, the statute does not force the tenant to answer, so ask in your lease or move-in packet and refresh it at renewal.
What are the steps after a death?
- Within ten days after the death, make a reasonable attempt to contact the authorized person, if any.
- The authorized person has twenty days after you contact them to tell you they will claim the property.
- They then have twenty days after that notice to remove the personal property from the unit or from where you store it.
- Once they show valid government-issued ID, you must give them reasonable access to the unit, or to the place the property is stored.
Example a made-up tenant dies on June 2. You reach the authorized person on June 8, inside the 10 days. They have until June 28 to say they will claim the things. If they say so on June 28, they have until July 18 to remove everything.
What if the property is not claimed?
If the authorized person does not remove all of the property, you may dispose of what is left as the Disposition of Personal Property Landlord and Tenant Act (section 69-2301) prescribes. The same applies if you cannot reach the person at the address and phone number the tenant gave, or the person does not respond within twenty days after you reach them. Read that act before you sell or throw out anything, and keep a dated record of every call and letter.
If you let an authorized person take the tenant's property under this subsection, you have no further liability to the tenant, the estate or the heirs for lost, damaged or stolen personal property. That release is a good reason to hand things over against a signed list.
How fast must the deposit go back?
Section 76-1416(2) says that on termination of the tenancy, prepaid rent and security may be applied to rent and damages from the tenant's noncompliance. The balance and a written itemization must be delivered or mailed within fourteen days after the date of termination. If you lack a mailing address or instructions, you mail the balance by first-class mail to the last-known address. A landlord who fails to comply owes the tenant the money, court costs and reasonable attorney's fees, and in a willful case up to one month's rent or two times the deposit, whichever is less.
The statute speaks of the tenant. For a death, send the itemization and the balance to the personal representative once you have proof of the appointment, and keep the date you sent it.
Example a made-up $800 deposit and $275 of repairs beyond normal wear. The tenancy ends on July 20. By August 3 you mail the itemization and a check for $525.
How DoorKeeping handles it
DoorKeeping stores the authorized person's details with each Nebraska lease and logs the date of your first contact, so the 10-day, 20-day and 14-day counts start from a record. Each notice and any money step waits for your one-tap approval. This is general information, not legal advice. Check the current statute, your lease and your own situation before you act.
Sources
Questions
- How soon must a Nebraska landlord contact the authorized person after a tenant dies?
- The landlord must make a reasonable attempt within ten days after the death.
- How long does the authorized person have to remove a dead tenant's property in Nebraska?
- Twenty days after being contacted to say they will claim it, then twenty days after that notice to remove it.
- How long does a Nebraska landlord have to return the deposit?
- Fourteen days after the date of termination of the tenancy, with a written itemization.