Sources checked:
Quick answer. Nebraska: deposit capped at 1 month of rent; deposit returned within 14 days; 30-day notice to end month-to-month; 7-day notice for unpaid rent; 24-hour entry notice; $7,500 small claims limit. 15 of 23 items are confirmed on official pages; 8 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 14 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 7 days
- Entry notice
- 24 hours
- Writ to lockout
- Up to 10 days
- Small claims limit
- $7,500
Security deposit (6 of 6 confirmed)
Law read: Neb. Rev. Stat. 76-1416.
Need the other side served? Process serving with an affidavit of service.
-
ConfirmedDeposit limit
No more than one month's periodic rent, plus a pet deposit of no more than one-fourth of a month's rent where appropriate (76-1416(1)).
Source: Nebraska Legislature: 76-1416, Security deposits; prepaid rent, checked November 2026
-
ConfirmedReturn deadline
Within 14 days after the tenancy ends, delivered or mailed with a written itemization (76-1416(2)).
Source: Nebraska Legislature: 76-1416, Security deposits; prepaid rent, checked November 2026
-
ConfirmedItemized list of deductions
A written itemization of deductions (76-1416(2)).
Source: Nebraska Legislature: 76-1416, Security deposits; prepaid rent, checked November 2026
-
ConfirmedInterest on the deposit
None stated in Neb. Rev. Stat. 76-1416 (as amended through Laws 2021, LB532).
Source: Nebraska Legislature: 76-1416, Security deposits; prepaid rent, checked November 2026
-
ConfirmedWhere the deposit is held
None stated in 76-1416: no account type is named. A balance unclaimed for one year is abandoned property reported and paid to the State Treasurer (76-1416(2)).
Source: Nebraska Legislature: 76-1416, Security deposits; prepaid rent, checked November 2026
-
ConfirmedPenalty the law states
Money due, court costs and attorney fees; for willful, bad-faith noncompliance, liquidated damages of one month's rent or twice the deposit, whichever is less (76-1416(3)).
Source: Nebraska Legislature: 76-1416, Security deposits; prepaid rent, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (4 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. | Source: Nebraska Legislature: Neb. Rev. Stat. 76-1437, checked November 2026 (Neb. Rev. Stat. 76-1437(2)) |
| Ending month-to-month (tenant) | Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. | Source: Nebraska Legislature: Neb. Rev. Stat. 76-1437, checked November 2026 (Neb. Rev. Stat. 76-1437(2)) |
| Rent increase notice | Not confirmed — check Nebraska Legislature: Neb. Rev. Stat. 76-1437. Not in the sections read. Check Neb. Rev. Stat. 76-1401 to 76-1449. | |
| Unpaid rent notice | 7 calendar days after written notice of nonpayment and intent to terminate. | Source: Nebraska Legislature: Neb. Rev. Stat. 76-1431, checked November 2026 (Neb. Rev. Stat. 76-1431(2)) |
| Entry notice | At least 24 hours' written notice to each unit, stating the purpose and a reasonable entry window; reasonable times; except emergencies or where impracticable. | Source: Nebraska Legislature: Neb. Rev. Stat. 76-1423, checked November 2026 (Neb. Rev. Stat. 76-1423(3)) |
| Late fee limits | Not confirmed — check Nebraska Legislature: Neb. Rev. Stat. 76-1437. Not in the sections read. Check the lease. |
More: Notice periods by state · Notice date calculator
Eviction case, in order (4 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: 7 calendar days after written notice of nonpayment and intent to terminate.
- Filing the case Where the case goes and what it costs to start.
-
Not confirmedCourt
Not confirmed — check Nebraska Revised Statutes 76-1446. Not confirmed on an official page we opened.
-
Not confirmedFiling fee
Not confirmed — check Nebraska Revised Statutes 76-1446. Not confirmed on an official page we opened.
-
- The tenant's answer or appearance
-
Not confirmedTime to answer or appear
Not confirmed — check Nebraska Revised Statutes 76-1446. Not confirmed on an official page we opened.
-
- Hearing or trial
-
ConfirmedHearing after filing
Trial is held 10 to 14 days after the summons issues.
shall be held not less than ten nor more than fourteen days after the issuance
Source: Nebraska Revised Statutes 76-1446, checked November 2026
-
- Judgment and the writ The order that lets the officer act.
-
Not confirmedJudgment to writ
Not confirmed — check Nebraska Revised Statutes 76-1446. Not confirmed on an official page we opened.
-
- Lockout Carried out by an officer, not by either side.
-
ConfirmedWrit to lockout
Possession is restored no more than ten days after the writ of restitution issues.
not more than ten days after issuance of the writ of restitution.
Source: Nebraska Revised Statutes 76-1446, checked November 2026
-
ConfirmedWho carries out the lockout
The writ directs the constable or sheriff to restore possession.
the constable or sheriff
Source: Nebraska Revised Statutes 76-1446, checked November 2026
-
- Along the way Paying to stop the case, counsel and diversion programs.
-
Not confirmedPaying to stop the case
Not confirmed — check Nebraska Revised Statutes 76-1446. Not confirmed on an official page we opened.
-
ConfirmedRight to counsel (statewide)
Limited: a 2024 state law gives public housing tenants in cities of the metropolitan class (currently only Omaha) a right to counsel in eviction cases; other tenants have no statewide right (as of November 2026, per the National Coalition for a Civil Right to Counsel).
Public housing tenants in “cities of the metropolitan class” (currently, only Omaha).
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
-
Not confirmedDiversion or mediation (statewide)
Not confirmed — check Nebraska Revised Statutes 76-1446. Not confirmed on an official page we opened.
-
The case is tried by the judge without a jury.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Hearing or trial | Thursday, March 11, 2027 |
| Judgment | Thursday, March 11, 2027 |
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
-
ConfirmedSmall claims limit (for a deposit dispute)
$7,500: the most a small claims case can ask for.
Judgments in small claims court may not exceed $7,500. Nebraska Judicial Branch announced the limit rose from $6,000 to $7,500 effective July 1, 2025, under LB139 (2024) provisions (limit set under Neb. Rev. Stat. 25-2802).
Filing fee to start a case: $6.25.
Source: Nebraska Judicial Branch: Filing a Small Claims Case in Nebraska, checked November 2026
More: Nebraska small claims court
Still to confirm
- Rent increase notice: check Nebraska Legislature: Neb. Rev. Stat. 76-1437
- Late fee limits: check Nebraska Legislature: Neb. Rev. Stat. 76-1437
- Court: check Nebraska Revised Statutes 76-1446
- Filing fee: check Nebraska Revised Statutes 76-1446
- Time to answer or appear: check Nebraska Revised Statutes 76-1446
- Judgment to writ: check Nebraska Revised Statutes 76-1446
- Paying to stop the case: check Nebraska Revised Statutes 76-1446
- Diversion or mediation (statewide): check Nebraska Revised Statutes 76-1446
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Nebraska?
No more than one month's periodic rent, plus a pet deposit of no more than one-fourth of a month's rent where appropriate (76-1416(1)).
How long does a Nebraska landlord have to return a deposit?
Within 14 days after the tenancy ends, delivered or mailed with a written itemization (76-1416(2)). What goes with it: A written itemization of deductions (76-1416(2)).
How much notice ends a month-to-month tenancy in Nebraska?
From the landlord: Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it. From the tenant: Written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). Either side may give it.
What notice comes before an unpaid-rent case in Nebraska?
7 calendar days after written notice of nonpayment and intent to terminate.
How much notice before a landlord enters a rental in Nebraska?
At least 24 hours' written notice to each unit, stating the purpose and a reasonable entry window; reasonable times; except emergencies or where impracticable.
How long does an eviction case take in Nebraska?
Hearing after filing: 10 to 14 days. Writ to lockout: Up to 10 days. These are the stated rules; the court's calendar often takes longer.
Can a Nebraska deposit dispute go to small claims court?
The small claims limit in our data: $7,500: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
Related: Landlord rules by state · Kits for landlords