A Nebraska Rental Application is an essential tool for gathering all the necessary information to make informed decisions about prospective tenants for your property.
Laws
- Application Fee – Non-refundable
- Application Fee Limits – No limits
- Security Deposit – § 76-1416 – tenants can be charged up to one (1) month’s rent, and if they have pets, landlords may additionally charge no more than twenty-five percent (25%) of the monthly rent.
Application Fees
Property owners must follow the Nebraska Landlord and Tenant Act concerning application fees and security deposits. [1]
- Landlords are allowed to charge an application fee, and there is no limit to the application fee that a landlord can charge.
- Landlords should be careful not to charge too much for an application fee and keep the amount similar to the cost of processing the rental application.
Fair Housing Protections
As a property owner, you must collect a lot of information but ensure you follow the Federal Fair Housing Act and the Nebraska Fair Housing Act. [2]
This means that you cannot discriminate against potential tenants based on the following:
- Their religious beliefs.
- Their sexual orientation or gender identity.
- Whether the applicant has a mental or physical disability.
- Whether the applicant is married or has children (marital or familial status).
- The race, color, or national origin of the applicant.
Security Deposit Limits
Landlords are also allowed to collect a security deposit that they can use to cover damage caused by the tenant or for unpaid rent.
Landlords cannot charge more than one month’s rent for a security deposit. [3]
Handling of Security Deposits
Nebraska law does not require landlords to keep security deposits in a separate account. However, it is a best practice to do so for clear record-keeping and to avoid commingling funds.
Returning the Security Deposit
- Timeframe: Landlords must return the security deposit within 14 days after the tenant vacates the property and provides a forwarding address. [3]
- Deductions: Deductions from the security deposit can only be made for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease agreement.
- Written Statement: Landlords must provide a written statement itemizing any deductions along with the balance of the security deposit returned.
- Disputes: Tenants can request an itemized list of deductions and supporting documentation. If the tenant disputes the deductions, they may seek resolution through legal action if necessary.
Pet Deposit
A landlord may not require a pet deposit in excess of one-fourth of one month’s rent.
How to Conduct an Eviction Records Search
By researching a prospective tenant’s eviction history in Nebraska, you can potentially avoid the need for an eviction notice in the future. Here is how to get started:
- Navigate to the Nebraska Civil Case Information eServices web page
- Perform a JUSTICE One-Time Court Case Search to conduct a single search
- Create an eServices account to perform multiple searches
There is a $15 charge per search for single searches, and the search will return up to 30 records.
Landlords who anticipate performing many searches can sign up for an eServices account for an annual $100 charge. You may assign ten user names and passwords per account, which may be helpful for property management companies.
Sample
Below, you can download a Nebraska Rental Application in PDF or Word format:
