DisputeKit / Nebraska
How long does a Nebraska landlord have to return a security deposit?
14 days. Under Nebraska Revised Statutes § 76-1416, a landlord must deliver or mail the balance of the security deposit together with a written itemization of any amounts kept within 14 days. The clock starts when you move out and hand back possession of the unit. A court may also award the deposit money due plus court costs and reasonable attorney's fees if the landlord fails to comply, and, if the failure is willful and not in good faith, liquidated damages of one month's periodic rent or twice the security deposit, whichever is less.
I moved out of my place in on and my landlord still has my $ deposit.
Fill in the blanks to see your deadline. Free, no account.
Conditions that change the deadline
- If the tenant gives no mailing address or instructions, the landlord must mail the balance and itemization by first-class mail to the tenant's last-known mailing address, so give the landlord your new address in writing.
What Nebraska law says about deductions and your rights
- The landlord may apply the deposit only to unpaid rent and damages caused by the tenant's failure to comply with the rental agreement or the tenant's duties under § 76-1421.
- A security deposit may not exceed one month's rent, plus a pet deposit of up to one-quarter of one month's rent.
- The 14 days run from the end of the tenancy; the tenant does not have to make a demand within 14 days (Hilliard v. Robertson, 1997).
- The statute does not say a late landlord loses the right to make deductions; it allows recovery of the money due, court costs and attorney's fees.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Nebraska is $7,500 (Small Claims Court, a division of the county court, since July 1, 2025), and the filing fee is $6.25 statutory filing fee (other court fees may apply), plus the cost of serving the defendant.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 14 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Nebraska?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Nebraska law allows a court to award the deposit money due plus court costs and reasonable attorney's fees if the landlord fails to comply, and, if the failure is willful and not in good faith, liquidated damages of one month's periodic rent or twice the security deposit, whichever is less. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Nebraska is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.