How to become a landlord in Nebraska

At or before the start of the tenancy, disclose in writing the name and address of the person authorized to manage the premises and of an owner or agent who accepts service of process and notices. Give a tenant who will occupy the unit for a month or more a notice with instructions for testing the smoke detector (Neb. Rev. Stat. § 76-1417(1); Neb. Rev. Stat. § 81-5,144(2)).

• Keep the owner and manager information current; the duty binds any successor landlord, owner or manager (Neb. Rev. Stat. § 76-1417(2)).
• Apart from the owner and manager disclosure, the Act requires disclosures only if you will deliver notices electronically: before the tenant consents, give the statements the law lists. The federal lead-based paint disclosure rules were not read for this page (Neb. Rev. Stat. §§ 76-1401 to 76-1449; Neb. Rev. Stat. § 76-1413(7)).

Disclose in writing, at or before the start of the tenancy, the name and address of the person authorized to manage the premises and of an owner or a person authorized to act for the owner for service of process and for receiving notices and demands. Keep the information current (Neb. Rev. Stat. § 76-1417(1), (2)).

• Anyone who fails to make the disclosure becomes the landlord's agent for service of process and notices, and for carrying out the landlord's duties, including spending collected rent for that purpose (Neb. Rev. Stat. § 76-1417(3)).
• The duty extends to any successor landlord, owner or manager (Neb. Rev. Stat. § 76-1417(2)).

The Act, read whole, requires no flood zone or flood history disclosure. Its only disclosure due at the start of every tenancy is the owner and manager identity disclosure (Neb. Rev. Stat. §§ 76-1401 to 76-1449; Neb. Rev. Stat. § 76-1417).

• No other Nebraska statute requiring a flood disclosure to tenants was found among the sections read for this page (Neb. Rev. Stat. §§ 76-1401 to 76-1449).

Every unit built or remodeled since January 1, 1982 must have working smoke detectors meeting the State Fire Marshal's rules; an older unit needs them when it is remodeled or sold. In rental property you supply, install, maintain and test the detectors, but a tenant who occupies the unit for a month or more performs the manufacturer's recommended tests, reports problems to you in writing and replaces the battery, which must work at move-in. Give that tenant a notice with testing instructions (Neb. Rev. Stat. § 81-5,142; Neb. Rev. Stat. § 81-5,144).

• You must fix reported smoke detector problems, and you are not in violation for a problem you were not told about. A worn battery is not a deficiency you must fix (Neb. Rev. Stat. § 81-5,144(2)).
• When an existing rental gets a new tenant on or after January 1, 2017, ensure a working carbon monoxide alarm is installed on each habitable floor, or where the building code requires. The same applies after a permitted alteration, repair, fuel-fired appliance replacement or addition in a unit with a fuel-fired heater or appliance, a fireplace or an attached garage (Neb. Rev. Stat. § 76-606(1), (2)).
• Before each new tenancy, replace any carbon monoxide alarm that is missing or not working and provide the batteries it needs. During the tenancy, replace any alarm the tenant reports stolen, removed, missing or not working, and fix any reported deficiency the tenant cannot correct (Neb. Rev. Stat. § 76-606(3)).
• The tenant must keep, test and maintain the carbon monoxide alarms and report a missing or broken alarm. No one may remove the batteries or disable an alarm except to inspect, maintain, repair or replace it (Neb. Rev. Stat. § 76-606(4), (5)).

The Act sets no general duty to provide particular locks or to rekey between tenants. It does require a lock change for a domestic violence victim: within 24 hours after the tenant's written request with the required documentation, you must replace the locking mechanism or, if the lock works, rekey it or reset the code (Neb. Rev. Stat. § 76-1431.03(3); Neb. Rev. Stat. § 76-1431.04(1)).

• If you do not change the locks as required, the tenant may change them with locks of similar or better quality, must tell you promptly and give you a key or code; a lease term to the contrary does not apply (Neb. Rev. Stat. § 76-1431.04(2)).
• You may keep a key or code to the new lock and may require the tenant to pay the actual and reasonable cost of the change (Neb. Rev. Stat. § 76-1431.04(3), (4)).

You may not demand or receive security, however it is labeled, of more than one month's periodic rent. When appropriate you may also take a pet deposit of up to one-fourth of one month's periodic rent, but you may not charge an added deposit or fee for a service animal of a tenant with a disability (the tenant stays liable for damage the animal causes). The limit does not apply to housing agencies under the Nebraska Housing Agency Act (Neb. Rev. Stat. § 76-1416(1); Neb. Rev. Stat. § 20-131.04).

• The cap covers security "however denominated", so giving a charge another name does not take it outside the one-month limit (Neb. Rev. Stat. § 76-1416(1)).
• Prepaid rent is treated alongside the deposit at move-out: both may be applied to unpaid rent and damages (Neb. Rev. Stat. § 76-1416(2)).
• A tenant with a disability who has a service animal may not be charged an additional deposit or extra compensation for the animal, but is liable for any damage it does to the premises (Neb. Rev. Stat. § 20-131.04).

Nebraska does not require you to keep deposits in a separate account or to pay interest on them. The Act, read whole, sets neither rule (Neb. Rev. Stat. §§ 76-1401 to 76-1449).

• The deposit section sets only the amount limit, the uses at move-out, the 14-day return and the penalties (Neb. Rev. Stat. § 76-1416).

The Act, read whole, does not require a move-in inspection or a written condition checklist. At move-out the tenant must leave the unit as clean as it was when the tenancy began, except for ordinary wear and tear, so a dated record of the starting condition helps you prove deductions (Neb. Rev. Stat. §§ 76-1401 to 76-1449).

• The tenant must keep the part of the premises the tenant uses as clean and safe as its condition permits and must not deliberately or negligently damage the premises (Neb. Rev. Stat. § 76-1421(2); Neb. Rev. Stat. § 76-1421(6)).
• Make the starting-condition record useful at move-out: label photos by room and date, note existing marks or broken items, and keep the checklist with any repair requests and replies. Give both sides a chance to record differences promptly. A photo file helps explain a later claim; it does not make ordinary wear chargeable or replace the required deposit accounting (Neb. Rev. Stat. § 76-1416(2); Neb. Rev. Stat. § 76-1421).

The Act, read whole, sets no limit or rule for rental application or screening fees. Your screening must still follow the Nebraska Fair Housing Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449).

• You may not refuse to rent to, or set different terms for, a person because of race, color, religion, national origin, disability, familial status, sex, or military or veteran status (Neb. Rev. Stat. § 20-318(1), (2)).
• For property in Lincoln, review the city's lawful-source-of-income protection before setting screening criteria. The Human Rights Commission's guidance includes housing vouchers, public assistance, Social Security, pensions, alimony, child support and foster-care subsidies. Confirm current local coverage and program requirements for the property (Lincoln Human Rights Commission, source of income guidance).