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Housing · Warranty of habitability

Warranty of Habitability in Nebraska

What a landlord in Nebraska must keep livable, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. This is the landlord duty behind the repair-and-deduct remedy. Cited to the statute.

Confirmedagainst Neb. Rev. Stat. § 76-1419 · checked against a mirror of the official code (Cornell LII / Justia)Reviewed by Cholilurrohman · July 2026
Warranty of habitability · Nebraska
Neb. Rev. Stat. § 76-1419 lists the landlord’s duties, but its code-compliance and general-repair items arise only after written or actual notice from the tenant. So the notice is part of the duty itself, not just a step before a remedy. Section 76-1427 supplies an essential-services remedy with no dollar cap.
Enumerated duty, notice built in
Withhold rent?Enumerated duty, notice built in
Nebraska notice structureDuty arises only after written or actual notice
StatuteNeb. Rev. Stat. § 76-1419

What the warranty of habitability covers in Nebraska

What the landlord must maintain, whether you can withhold or escrow rent, and the limits on the remedy.

What the law saysWhat it means
An enumerated statutory dutyNeb. Rev. Stat. § 76-1419 requires the landlord to substantially comply with minimum housing codes affecting health and safety after notice, make all repairs to keep the unit fit and habitable after notice, keep common areas clean and safe, maintain electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems and elevators, provide trash receptacles and arrange removal, and supply running water, reasonable hot water, and reasonable heat.
Notice is built into the dutyNebraska is distinctive because items (a) and (b) carry the notice requirement inside the duty, after written or actual notice. In most states the duty is freestanding and the notice sits in a separate remedies section. In Nebraska the code-compliance and general-repair duties do not arise at all until the tenant notifies.
An essential-services remedyNeb. Rev. Stat. § 76-1427 provides a remedy focused on essential services, and the statute does not set a dollar cap on it. See our repair-and-deduct page for how Nebraska’s essential-services remedy compares.
Where it does not applyWhat it means
A softer code dutyNebraska softens the code item to substantially comply, and narrows it from building and housing codes to minimum housing codes. So the code-compliance floor is a little lower than in sibling states.
Tenant-caused conditionsThe duty is about the landlord’s failure to maintain. It does not cover damage the tenant or a guest caused, and the tenant still has to give the notice the statute requires before the core duties run.
Standard heat exceptionsThe duty to supply reasonable heat does not apply where the building is not required by law to be equipped for that purpose, matching the usual carve-out for units heated by the tenant’s own installation.
No federal habitability law
There is no national warranty of habitability. Whether a landlord must keep a rental livable, and what a tenant can do about a breach, is decided state by state. Nebraska settles the duty with the statutory list in Neb. Rev. Stat. § 76-1419.
Notice is the whole game here
Because the code-compliance and general-repair duties arise only after written or actual notice, a Nebraska tenant should always put the problem in writing first. Without notice, the landlord’s core duty may not have arisen, which affects any later claim.
Heat and cooling
Nebraska requires reasonable heat but sets no temperature and no dates. Air-conditioning is on the maintain-if-supplied list, so a landlord must keep working any cooling equipment supplied, but there is no duty to install or supply cooling.

What you can do right now

Concrete, neutral steps when a rental in Nebraska is not being kept livable. This is legal information, not legal advice.

  1. Put the problem in writing first

    In Nebraska this matters even more than usual. Neb. Rev. Stat. § 76-1419 makes the code-compliance and repair duties arise only after written or actual notice. Describe the defect in writing, date it, and keep a copy.

  2. Document the condition

    Take photos or video, keep any city inspection reports, and save your messages with the landlord. This record shows the breach and proves when you gave notice.

  3. Understand the essential-services remedy

    For a loss of essential services, Neb. Rev. Stat. § 76-1427 gives a targeted remedy. Learn how it works before you stop paying, since the safest path runs through the statute.

  4. Get Nebraska tenant help

    A local legal-aid office or Legal Aid of Nebraska can confirm the current statute text, which rests on a mirror here, and walk you through the notice and remedy steps before you act.

Tenant help in Nebraska

Withholding rent the wrong way can risk eviction, so a legal aid office can confirm the exact notice and escrow steps before you stop paying.

→ Legal Aid of Nebraska

This is general legal information, not legal advice. The notice, the escrow account, and what counts as uninhabitable all matter, so confirm your situation against the statute before withholding rent.

What renters in Nebraska get wrong about habitability

Nebraska lists a landlord’s duties in Neb. Rev. Stat. § 76-1419 along the familiar uniform-act lines, but with a twist that changes how a renter should act. Its first two items, code compliance and the general duty to make all repairs, arise only after written or actual notice from the tenant. In most states the duty is freestanding and the notice requirement sits in a separate remedies section. Nebraska folds the notice into the duty itself, so the landlord’s core obligation does not exist until the tenant notifies. That makes putting the problem in writing the single most important first step here. Nebraska also softens the code item to substantially comply and narrows it from building and housing codes to minimum housing codes, a slightly lower floor than sibling states. On the everyday questions, Nebraska requires reasonable heat with no set temperature or dates, and treats air-conditioning as maintain-if-supplied. The remedy under § 76-1427 focuses on essential services and carries no dollar cap in the statute. Because the official state site refused the connection this session, the wording here rests on the FindLaw mirror and should be confirmed against the official code.

Common questions

Does Nebraska have a warranty of habitability?

Yes. Neb. Rev. Stat. § 76-1419 sets an enumerated duty to keep a rental fit and habitable, with working plumbing, heat, hot water, and other systems. Its distinctive feature is that the code-compliance and repair duties arise only after the tenant gives notice.

Why does notice matter so much in Nebraska?

Because the statute builds it into the duty. Items (a) and (b) of § 76-1419 apply only after written or actual notice, so the landlord’s core repair duty does not arise until you notify. Always put the problem in writing and keep a copy.

Does a Nebraska landlord have to provide air-conditioning?

No. Air-conditioning is on the maintain-if-supplied list in § 76-1419, so a landlord must keep supplied cooling working but need not install or supply cooling. The statute requires reasonable heat but sets no temperature or dates.

What can I do if my Nebraska landlord will not fix an essential service?

Neb. Rev. Stat. § 76-1427 gives a remedy focused on essential services, with no dollar cap in the statute. Give written notice, keep records, and check with a legal-aid office before you withhold rent. See our repair-and-deduct page for how it compares.

Primary source
→ Neb. Rev. Stat. § 76-1419; Neb. Rev. Stat. § 76-1427
Neb. Rev. Stat. § 76-1419 (FindLaw mirror) · codes.findlaw.com
Cholilurrohman
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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Warranty of habitability · other states
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Repair and deduct rules·Rent increase notice