Nebraska tenant screening laws: a landlord's guide

Nebraska's Uniform Residential Landlord and Tenant Act does not cap application or screening fees, and no separate Nebraska statute imposes such a cap. Landlords generally have flexibility here, though local practice and market norms often keep fees modest.

Nebraska has no state fair-housing regulation identified that specifically restricts how criminal history may be used in a housing decision, and the Nebraska Fair Housing Act does not list criminal history as a protected class.

Nebraska does not appear to include source of income (e.g., housing vouchers) as a protected category in its state fair housing law — Neb. Rev. Stat. §20-318 lists race, color, religion, national origin, disability, familial status, sex, and military/veteran status, with no source-of-income category. The federal Fair Housing Act likewise doesn't cover source of income, so unless a specific Nebraska city ordinance says otherwise, landlords generally aren't required to accept vouchers as a matter of law.

Federal FCRA §615 requires landlords who take adverse action based on a consumer report (denial, different terms, etc.) to notify the applicant, name the reporting agency, and inform them of their right to a free copy of the report and to dispute inaccuracies. Nebraska has no state-specific addition to these federal adverse-action requirements.

Under Neb. Rev. Stat. §76-1416, a security deposit generally can't exceed one month's periodic rent (with a separate pet deposit allowance of up to one-quarter month's rent), and this cap doesn't apply to housing authorities organized under the Nebraska Housing Agency Act. Landlords must generally return the balance plus a written itemization within 14 days of the tenancy's termination; if a landlord willfully and in bad faith fails to comply, the tenant may recover the greater of one month's rent or twice the withheld deposit as liquidated damages, plus attorney's fees.

Nebraska has no statewide rent-control law. Confirm current Nebraska law regarding whether local rent control is authorized or preempted, and confirm any local rent-control ordinance against current municipal code. There is also no statewide "just cause" eviction requirement: under Neb. Rev. Stat. §76-1437, either party may generally end a month-to-month tenancy with 30 days' written notice (7 days for week-to-week) without needing a reason. For nonpayment of rent, Neb. Rev. Stat. §76-1431 generally requires 7 calendar days' written notice before a landlord may terminate for nonpayment; most other lease violations require a 14-day cure period within an overall 30-day notice, while violent criminal activity or unlawful drug sales on the premises can support a 5-day notice without a right to cure, subject to specific tenant protections (e.g., for domestic-violence victims who take certain protective steps).

Omaha and Lincoln may have local fair-chance housing, source-of-income, or screening-fee ordinances layered on top of state law. This should be verified directly with each city's human rights or code-enforcement office. Nebraska's non-city land is generally governed at the county level. While some Nebraska counties retain organized civil townships for local road and administrative functions, zoning and housing-related rules are typically set by the county; these townships do not have independent ordinance-making power like a city or county government.

Does Nebraska cap tenant screening or application fees? Nebraska has no state-level cap; screening and application fees are generally left to the landlord's discretion under current Nebraska law.

Is source of income a protected class in Nebraska? Not under the Nebraska Fair Housing Act's current list of protected categories (race, color, religion, national origin, disability, familial status, sex, and military/veteran status); voucher holders aren't protected as a matter of state law absent a local ordinance.

How much notice does a Nebraska landlord need to end a month-to-month tenancy? Generally 30 days' written notice for month-to-month tenancies and 7 days for week-to-week tenancies, without a statewide requirement to state a reason.

What's the security deposit limit in Nebraska? Generally one month's rent, plus up to a quarter-month's rent as a separate pet deposit where applicable, with the balance and an itemized statement typically due back to the tenant within 14 days of move-out.

Checkr helps Nebraska landlords and property managers run FCRA-compliant tenant background checks with fast turnaround and built-in adverse-action workflows. Get started with Checkr to screen applicants consistently while staying aligned with Nebraska's landlord-tenant requirements.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.