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Nebraska Security Deposit Laws (2026)

Nebraska gives landlords only 14 days and makes attorney fees part of a successful tenant's recovery. A willful failure adds liquidated damages of up to one month's rent.

By Lamuko Editorial Team✓ Checked against official statute textUpdated

Nebraska deposit rules at a glance

Maximum deposit1 month's rent, plus a pet deposit of up to ¼ month's rent
Return deadline14 days after the tenancy ends
Itemized listWritten itemization of anything not returned
InterestNot required
PenaltyMoney due + court costs + reasonable attorney fees; if willful and not in good faith, also the lesser of 1 month's rent or 2× the deposit
Unclaimed refundsUndeliverable or outstanding for 1 year: reported to the State Treasurer as unclaimed property

Verified 2026-10-17 against Neb. Rev. Stat. § 76-1416. Calculate your Nebraska deadline →

Timeline: move-in to refund

  1. Move-outGive a mailing address or delivery instructions.
  2. Day 14Balance and written itemization due.
  3. 1 yearAn undelivered refund goes to the State Treasurer as unclaimed property.

One month plus a small pet deposit

A Nebraska landlord may not take security of more than one month's rent, however it is labeled. When appropriate, it may also take a pet deposit of up to one-fourth of a month's rent. These limits do not apply to housing agencies under the Nebraska Housing Agency Act (§ 76-1416(1)).

14 days

When the tenancy ends, the landlord may apply prepaid rent and the deposit to rent owed and to damages from your noncompliance with the lease or § 76-1421. Within 14 days, it must deliver or mail the balance and a written itemization. If you gave no address, it must send them by first-class mail to your last-known mailing address. If the mailing comes back, or the refund stays outstanding for a year, it is treated as abandoned property and reported to the State Treasurer (§ 76-1416(2)). You can then claim it through the state's unclaimed property program.

Attorney fees, plus liquidated damages for willful failure. If the landlord fails to comply, you may recover the property and money due, court costs and reasonable attorney's fees. If the failure was willful and not in good faith, you may also recover the lesser of one month's rent or twice the deposit as liquidated damages (§ 76-1416(3)).

Other rules

You are not liable for damages directly caused by being removed from the unit by a government order because the landlord's negligence made it unfit to live in (§ 76-1416(4)). Whoever holds the landlord's interest when the tenancy ends is bound by these rules. Our calculator counts 14 days.

Steps to recover a Nebraska deposit

  1. Check that the deposit and any pet deposit are within the caps.
  2. Give your mailing address in writing.
  3. After 14 days, send a written demand for the deposit, citing § 76-1416.
  4. Keep records of your attorney fees if you hire a lawyer.
  5. If that fails, file a claim in small claims court.

Neighboring states

Iowa and Missouri cap deposits at two months. Kansas allows 1.5×, Colorado treble damages, and South Dakota and Wyoming are also nearby.

Frequently asked questions

What is the maximum security deposit in Nebraska?

One month's rent, plus a pet deposit of up to a quarter of a month's rent.

How long does a Nebraska landlord have to return a deposit?

14 days after the tenancy ends.

Can I recover attorney fees in Nebraska?

Yes. If the landlord fails to comply, you may recover court costs and reasonable attorney's fees.

What is the penalty for willful failure in Nebraska?

The lesser of one month's rent or twice the deposit, as liquidated damages.

Sources

  1. Neb. Rev. Stat. § 76-1416 (Nebraska Legislature)

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.

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Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.