(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act.
(2) Upon termination of the tenancy, property or 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, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address. If the mailing is returned as undeliverable, or if the returned balance of the security deposit remains outstanding for one year, it shall be considered abandoned property to be reported and paid to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act.
(3) If the landlord fails to comply with subsection (2) of this section, the tenant may recover the property and money due him or her, court costs, and reasonable attorney's fees. In addition, if the landlord's failure to comply with subsection (2) of this section is willful and not in good faith, the tenant may recover an amount equal to one month's periodic rent or two times the amount of the security deposit, whichever is less, as liquidated damages.
(4) This section does not preclude the landlord or tenant from recovering other damages to which he or she may be entitled under the Uniform Residential Landlord and Tenant Act. However, a tenant shall not be liable for damages directly related to the tenant's removal from the premises by order of any governmental entity as a result of the premises not being fit for habitation due to the negligence or neglect of the landlord.
(5) The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
Notes of Decisions
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
· cites it 8× “(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416. However, if the material noncompliance with § 76-1419 involves the deliberate or negligent failure to supply running water, hot…”
Hilliard v. Robertson, 570 N.W.2d 180 (Neb. 1997).
· cites it 7× “Neb. Rev. Stat. § 76-1416 (2) (Reissue 1996) states: Upon termination of the tenancy property or 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…”
Lomack v. Kohl-Watts, 688 N.W.2d 365 (Neb. Ct. App. 2004).
· cites it 23× “INTRODUCTION Rosemarie Lomack appeals an order of the district court for Lancaster County, Nebraska, which affirmed an order of the county court denying Lomack’s request for attorney fees in an action brought pursuant to Neb. Rev. Stat. § 76-1416 (Reissue 2003) against Lomack’s…”
Mason v. Schumacher, 439 N.W.2d 61 (Neb. 1989).
· cites it 4× “§ 76-1416. Section 76-1421(2) provides that a tenant shall “upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 8× “(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416. However, if the material noncompliance with § 76-1419 involves the deliberate or negligent failure to supply running water, hot…”
Pepitone v. Winn, 722 N.W.2d 710 (Neb. 2006).
· cites it 2× “) Neb. Rev. Stat. § 76-1416 (3) (Reissue 2003).”
REO Enters. v. Vill. of Dorchester, 981 N.W.2d 254 (Neb. 2022).
“REO focuses on a particular provision of the Uniform Residential Landlord and Tenant Act, § 76-1416, which generally prohibits landlords from demanding a security deposit exceeding 1 month’s rent.”
Campbell v. Bel Fury Investments (Neb. Ct. App. 2026).
· cites it 18× “The county court found that the Plaintiffs met their burden to prove Bel Fury failed to comply with Neb. Rev. Stat. § 76-1416 (2) (Cum. Supp.”
Bel Fury Investments Grp. v. Stewart (Neb. Ct. App. 2021).
· cites it 15× “§ 76-1416 (2) provided that once a tenant demands return of his security deposit, the landlord shall “within 14 days” remit the “[b]alance, if any, and a written itemization shall be delivered or mailed to the tenant.” The law is clear that a counterclaim filed by a tenant…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
· cites it 8× “(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416. However, if the material noncompliance with § 76-1419 involves the deliberate or negligent failure to supply running water, hot…”
REO Enters. v. Vill. of Dorchester, 312 Neb. 792 (Neb. 2022).
“REO focuses on a particular provision of the Uniform Residential Landlord and Tenant Act, § 76-1416, which generally prohibits landlords from demanding a security deposit exceeding 1 month’s rent.”
Neb. Rev. Stat. § 76-1416(2): 7 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
“(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416. However, if the material noncompliance with § 76-1419 involves the deliberate or negligent failure to supply running water, hot…”
Hilliard v. Robertson, 570 N.W.2d 180 (Neb. 1997).
“Neb. Rev. Stat. § 76-1416 (2) (Reissue 1996) states: Upon termination of the tenancy property or 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…”
Lomack v. Kohl-Watts, 688 N.W.2d 365 (Neb. Ct. App. 2004).
“INTRODUCTION Rosemarie Lomack appeals an order of the district court for Lancaster County, Nebraska, which affirmed an order of the county court denying Lomack’s request for attorney fees in an action brought pursuant to Neb. Rev. Stat. § 76-1416 (Reissue 2003) against Lomack’s…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019).
“(4) If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 76-1416. However, if the material noncompliance with § 76-1419 involves the deliberate or negligent failure to supply running water, hot…”
Campbell v. Bel Fury Investments (Neb. Ct. App. 2026).
“The county court found that the Plaintiffs met their burden to prove Bel Fury failed to comply with Neb. Rev. Stat. § 76-1416 (2) (Cum. Supp.”
Neb. Rev. Stat. § 76-1416(3): 5 cases
Hilliard v. Robertson, 570 N.W.2d 180 (Neb. 1997).
“Neb. Rev. Stat. § 76-1416 (2) (Reissue 1996) states: Upon termination of the tenancy property or 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…”
Lomack v. Kohl-Watts, 688 N.W.2d 365 (Neb. Ct. App. 2004).
“INTRODUCTION Rosemarie Lomack appeals an order of the district court for Lancaster County, Nebraska, which affirmed an order of the county court denying Lomack’s request for attorney fees in an action brought pursuant to Neb. Rev. Stat. § 76-1416 (Reissue 2003) against Lomack’s…”
Mason v. Schumacher, 439 N.W.2d 61 (Neb. 1989).
“§ 76-1416. Section 76-1421(2) provides that a tenant shall “upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced.”
Bel Fury Investments Grp. v. Stewart (Neb. Ct. App. 2021).
“§ 76-1416 (2) provided that once a tenant demands return of his security deposit, the landlord shall “within 14 days” remit the “[b]alance, if any, and a written itemization shall be delivered or mailed to the tenant.” The law is clear that a counterclaim filed by a tenant…”
Campbell v. Bel Fury Investments (Neb. Ct. App. 2026).
“The county court found that the Plaintiffs met their burden to prove Bel Fury failed to comply with Neb. Rev. Stat. § 76-1416 (2) (Cum. Supp.”
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