Housing Justice Clinic Clients

• When a landlord brings an eviction action against a tenant, it’s typical for there to be 3 causes of action: the 1st is for the eviction, and the other 2 are the “remaining causes,” which are tried separately from the eviction.
• Remaining causes are for any monetary damages at stake: unpaid rent, late fees, and/or physical damages to the rental property that go beyond ordinary wear and tear.
  • Ordinary wear and tear generally includes things like worn carpets, dirty windows, or a few small nail holes from hanging pictures. Major stains, broken windows or screens, holes in walls or doors, deep scratches in walls, or trash left in the unit are generally not considered ordinary wear and tear, even if they result from an accident.

• Yes! If you are not present for your remaining causes hearing, a default judgment will likely be entered and the court will order you to pay your landlord all of the money they are requesting.
• Plan to arrive at the 2nd floor of the Lancaster County Courthouse 15–20 minutes before your hearing is scheduled to begin so you can check the screen near the elevators to verify which courtroom to go to (usually, they are in courtroom 21—the same as eviction hearings).

• You can call the Lancaster County Court Clerk at 402-441-7291.
• You can look up your hearing online at:  Lancaster County Courts Calendar
  • This website is likely going to be accurate, but there is no guarantee that it has been updated—both calling and checking online is best practice.

• The best place to start to figure out what your landlord might present at the remaining causes hearing is your security deposit.
  • Your landlord is required to return your security deposit or explain how they used your security deposit within 14 days of the end of the tenancy (the date you officially moved out). If your landlord believes you owe more than your security deposit covered, they will generally say so within the explanation they send to you.
• If you had any unpaid rent from when you vacated the premises, that will likely be sought in the remaining causes hearing.
  • The amount of unpaid rent should be on the notice given by your landlord when they told you to move out; but note that more rent could have accrued since then.

• Proof of when you moved out of the rental unit—for example, a copy of a text message, email, or letter stating that you are moved out and what you did with the keys to the unit.
• Photos of your unit—after all personal items are removed and the unit is cleaned, take photos of everything.
• Copies of your lease and any relevant communications between you and your landlord.
• You will need to print out any of the above records that you want to show the court. Lincoln Public Libraries have mobile printing for 10¢ per page for black and white and 25¢ per page for color.
• Legal Aid of Nebraska has a Landlord-Tenant Handbook, which can provide you with information about legal terms, some arguments you can make, and your rights as a tenant: Legal Aid of Nebraska Landlord Tenant Handbook Download Link

• While you are not required to have an attorney, it is always beneficial to have legal representation, especially if your landlord does.
  • Contact Legal Aid of Nebraska regarding potential representation. While there is no guarantee that they will be able to assist, it may be helpful to reach out.
    • You can apply for services from Legal Aid:
    • Online: 24/7 at www.legalaidofnebraska.org.
    • Over the phone: By calling the Access Line at 877-250-2016 on Mondays/Wednesdays between 8:30 a.m. to 11:30 a.m., or Tuesdays/Thursdays 1:00 p.m. to 4:00 p.m.
       
  • There are also legal resources provided on the Nebraska Supreme Court’s “Self-Help” website: Nebraska Supreme Court's Self-Help Website
    • Particularly if you decide not to have an attorney help you at the remaining causes hearing, you should register your email address with the court.
    • Make sure to look at the page about “Representing Yourself in Court”
    • You can file an answer if you disagree that you owe any rent or fees or caused damage to the unit.
  • An answer can be filed with the Lancaster County Court Clerk on the 2nd floor of the courthouse within 30 days of when you were served by the sheriff or constable in the eviction action.
    • If you are uncertain when you were served, you can call the Lancaster County Court Clerk at 402-441-7291, tell them your case number, and ask them to check the return of service.
  • Legal Aid of Nebraska’s website has a template and instructions you can use to write out your answer, which can be accessed here: https://lawhelpne.legalaidofnebraska.org/#/login
    • Note: You will need to create an account, then click on the “New Issue” button on the top right-hand corner and follow the prompts provided.

• Your former landlord can deduct certain types of charges from your security deposit after you move
  out (see below), but they are required by law to return your security deposit or explain how it was
  used within 14 days after the end of your tenancy (the date you officially moved out).
• Generally, your security deposit—or what remains of it, if anything, and an itemization of all
  charges—will be sent to you via first-class mail, so it is important that you give your former landlord
  your new address either before or immediately after you move out.
• If you do not provide your new address, your former landlord still must attempt to mail your security
  deposit and/or the required itemization to your last-known address. If that mailing gets returned to
  your former landlord as undeliverable, they have to report the money they tried to return to you to the
  State Treasurer as abandoned property, so you have the opportunity to get it back.
   

Refer to: NEB. REV. STAT. § 76-1416(2)

• Your former landlord can deduct:
  • Any past-due rent.
  • Unpaid utility charges through the date that you moved out of the rental unit.
  • Any expenses they sustained because of you not following the terms of your lease agreement or
    tenants’ duties under Nebraska’s Landlord and Tenant Act. This often includes:
    • Charges for cleaning and repairs because you did not leave the rental unit in the same
      condition it was at the beginning of your lease, minus ordinary wear and tear.
      • Ordinary wear and tear generally includes things like worn carpets, faded paint, or a few small nail holes
        from hanging pictures. Issues like major stains, broken windows or screens, holes in walls or doors, or
        deep scratches in walls or floors are generally not considered ordinary wear and tear, even if they were
        caused by an accident and/or a guest you had over.
    • Costs the landlord sustained advertising and reletting the rental unit, if you moved out before
      the end of your lease term.
• Your former landlord cannot deduct:
  • An “accelerated” amount for the total remaining monthly rent under a lease agreement.
    • Note: If you moved out before your lease agreement ended, your former landlord can charge you for rent
      that accrues between the date you moved out and when they relet the unit to someone else. However, your
      former landlord is legally required to mitigate their damages, which means they have to use reasonable
      efforts to lease the rental unit to a new tenant.
  • Court costs or attorney’s fees.
  • Charges for pre-existing defects or issued that were present at the time you moved in.
  • Charges for ordinary wear and tear, and for old fixtures or appliances that would need to be
    replaced anyway.
     

Refer to: NEB. REV. STAT. §§ 76-1416(2), 76-1421(2), 76-1405(1), & 76-1415(1)(c)

• Send a demand letter using the templates provided on the following pages.
  • Note: After you complete your demand letter—including the certificate of service—make sure that you
    take a clear picture or make a photocopy of it before mailing it to your former landlord.
  • If your former landlord did not mail your security deposit—or what remains of your deposit, if
    applicable, along with an itemization showing how your deposit was spent—within 14 days after
    you move out, send a letter demanding that they return your deposit and/or provide the required
    itemization by a specified date.
  • If your former landlord did timely provide the required itemization but withheld an amount from
    your deposit or are demanding that you pay them for additional charges that you disagree with,
    send them a letter contesting those charges and demanding that they return the amount at issue or
    agree in writing to waive the charges by a specified date.
    • Note: Even if your former landlord uses your entire deposit to cover lawful charges, they still must provide
      you with an itemization showing exactly how your deposit was spent. If your former landlord believes
      that you owe more than your deposit covers, they will usually say so within the deposit itemization and
      provide a date by which the additional amount must be paid. It is important to follow up with your former
      landlord before that date to contest the amount if you think is wrong.
• If your former landlord does not respond to your demand letter or refuses to return or waive the amount
  at issue, you can sue them to return some or all of your deposit in Small Claims Court.
  • In Small Claims Court, neither party can be represented by an attorney, and hearings are designed
    to be more informal and accessible.
  • The Nebraska Supreme Court website has detailed information about Small Claims Court actions:
    https://nebraskajudicial.gov/self-help/small-claims/filing-small-claims….
    There is always a risk when you file a lawsuit against your former landlord that they will file a countersuit
    against you for additional money. Your former landlord also could hire a lawyer to have the case moved
    to county court, which has stricter protocols and is more difficult for self-represented parties to navigate.
    Therefore, it’s important to proceed with caution and talk with an attorney first, if at all possible
     

Refer to: NEB. REV. STAT. §§ 25-2803 to 25-2806

• Personal property is the physical, moveable items that someone owns.
  • This includes things like clothes, shoes, furniture, or knickknacks.

• Tenants with:
  • Lease agreements to use or occupy a rental unit as a residence or for storage purposes; and
  • Personal property that is present within a rental unit after the tenancy ends or is terminated and the tenant moves out.

• Your landlord must provide you with a notice that:
  • Describes the personal property.
  • Tells you where you can pick up the personal property.
  • Provides a date by which you must pick up the property that is at least 7 days after the notice is personally delivered to you, or 14 days after notice is mailed to you.
  • Tells you what will happen if you do not pick up the personal property by that date.
• If you do not retrieve your personal property before the date provided, your landlord can either:
  • Dispose of it however they see fit if they reasonably believe the personal property is worth less than $2,000
  • Sell it at a public sale after providing notice of the sale by publication. After subtracting the reasonable costs for storing the property and for advertising and carrying out the sale, the landlord must give you any remaining money from the sale or turn it over to the State Treasurer for you to claim.
• Your landlord can move your personal property from the rental unit into a safe place to store it.
• Your landlord can require you to pay the costs they incurred to remove and store all your personal property before returning any of it to you.

• Get rid of your personal property without giving you written notice and the opportunity to get your property back after paying back the costs of removing and storing your items.
• Refuse to return any of your personal property that is within your landlord’s custody if:
  • Within 14 days after the date you moved out, you give your landlord a written request describing the personal property, asking for it back, and giving your mailing address.
  • You pay the reasonable costs the landlord incurred removing and/or storing your personal property if they gave you a written demand itemizing all the charges.
  • You come get the property within 72 hours after paying those moving and storage costs.

• Make sure that before you move out of a rental unit—if at all possible—you collect all your personal property and take it with you.
• If you cannot move all your personal property out before the end of your tenancy, calmly communicate with your landlord; inform them of your situation and propose a feasible plan for you to come back and get the rest of your items.
• Provide your landlord with a written request describing the personal property you want back within 14 days after you’ve moved out.

• If your landlord violated the Dispossession of Personal Property Landlord and Tenant Act, they can be liable to you for:
  • Money equal to the amount of loss you suffered, not exceeding how much the personal property was worth, if your landlord did not give your personal property back within a reasonable amount of time after you asked for it and paid them for any moving and storage costs after they gave you a written itemization.
    • Note: 3 days is considered reasonable time, unless your landlord can show extenuating circumstances.
  • Money to compensate you for damages to your personal property caused by your landlord’s intentional or negligent actions when removing and storing your personal property.
  • Reasonable attorney’s fees and court costs.
    • Reach out to an attorney for help.
    • Contact Legal Aid of Nebraska regarding potential representation.
      • Online: 24/7 at Legal Aid of Nebraska's Website
      • Over the phone: By calling the Access Line at 877-250-2016 on Mondays/Wednesdays between 8:30 a.m. to 11:30 a.m., or Tuesdays/Thursdays 1:00 p.m. to 4:00 p.m.
    • The Nebraska State Bar Association’s “Free Legal Answers” program allows users to post civil legal questions to be answered by pro bono attorneys for free: Nebraska Free Legal Answers Website
    • There are also legal resources provided on the Nebraska Supreme Court's Self-Help website