Most states, such as Nebraska, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
“Normal wear and tear” is deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used.
“Damage” means destruction to the rental unit that occurs because of abuse or negligence by a tenant during the course of the tenancy.
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Landlords in Nebraska can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage and thus, chargeable to the tenant.
Nebraska law allows landlords to charge for cleaning costs limited to bringing the residence back to its original condition at the start of the lease term, except for normal wear and tear.
In Nebraska, landlords can charge for painting, except for normal wear and tear. For example, if the tenant:
Ordinary wear includes:
Landlords can charge for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.
Landlords must return a security deposit by mail or hand-delivery with an itemized statement of deductions, if any, to the tenant’s forwarding address no later than 14 days after the lease term ends.
Nebraska landlords have 14 days [2] after the lease term ends to return any unused portion of the security deposit.
Unlike in some states, such as New Jersey, landlords in Nebraska do not owe interest on security deposits.
Written notice must be mailed or hand-delivered to the tenant’s forwarding address and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions. [3]
If the tenant does not provide a forwarding address or delivery instructions, the landlord must send the written notice and balance of the security deposit, if any, to the tenant’s last known address by first-class mail. [4]
If the security deposit is returned as undeliverable or otherwise unclaimed by the tenant after one year, it must be reported to the State Treasurer as unclaimed property. [5]
Nebraska law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
If landlords do not return the security deposit within the 14-day period, tenants can file for the return of the amount wrongfully withheld in court plus damages up toone month’s rent or twice the amount of the deposit, whichever is less, plus court costs and attorneys’ fees. [6]
Tenants can also take legal action against a landlord for:
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $3,900. [7] If the amount is greater, the tenant must file a civil case in County Court.
A small claims case must be filed within 4 or 5 years depending on whether the lease agreement was oral or written. An attorney is not required or permitted except to perform limited court functions. Cases are filed in the Small Claims Court for the county where the property is located or where the defendant lives or works. The filing fee is $29.
…money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant’s noncompliance with the rental agreement or section 76-1421.
The balance…shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy.
