Neb. Rev. Stat. » Chapter 76
Nebraska Revised Statutes

Neb. Rev. Stat. § 76-1427 (2026)

Wrongful failure to supply heat, water, hot water, or essential services

✓ current as of July 2026
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(1) If contrary to the rental agreement or section 76-1419 the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice to the landlord specifying the breach and may:

(a) Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent;

(b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or

(c) Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

In addition to the remedy provided in subdivisions (a) and (c), if the failure to supply is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing not in excess of an amount equal to the periodic rent, and in any case under this subsection reasonable attorney's fees.

(2) If the tenant proceeds under this section, he may not proceed under section 76-1425 as to that breach.

(3) The rights under this section do not arise until the tenant has given written notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. This section is not intended to cover circumstances beyond the landlord's control.

Notes of Decisions
Cited in 4 cases, 2002–2019 · leading case: Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019).
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Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019). · cites it 28× “Nor, according to CHI, did tenants assert any facts showing damages, "because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. § 76-1427 (1)" or "secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). · cites it 28× “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
Tighe v. Cedar Lawn, Inc., 649 N.W.2d 520 (Neb. Ct. App. 2002). · cites it 2× “Neb. Rev. Stat. § 76-1427 (Reissue 1996) provides a remedy if “the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services.”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). · cites it 28× “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
— Neb. Rev. Stat. § 76-1427(1) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts showing damages, "because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. § 76-1427 (1)" or "secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
— Neb. Rev. Stat. § 76-1427(1)(a) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts showing damages, "because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. § 76-1427 (1)" or "secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
— Neb. Rev. Stat. § 76-1427(1)(c) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts showing damages, "because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. § 76-1427 (1)" or "secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
— Neb. Rev. Stat. § 76-1427(2) — 3 cases
Vasquez v. Chi Props., LLC, 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts showing damages, "because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. § 76-1427 (1)" or "secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
Vasquez v. CHI Props., 302 Neb. 742 (Neb. 2019). “Nor, according to CHI, did tenants assert any facts show- ing damages, “because they procured substitute services and deducted them from the rent, as provided in Neb. Rev. Stat. §76-1427 (1)” or “secured substitute housing and abated the payment of rent, the remedy allowed to…”
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