HOW DO I GET MY SECURITY DEPOSIT BACK?
- First, your security deposit can never exceed the value of one month’s rent; however, if pets are allowed, a landlord may charge for a pet deposit, which cannot exceed an additional one-fourth of one month’s rent – Neb. Rev. Stat. § 76-1416(1)
- Upon termination of your lease your landlord can apply your security deposit for: (1) unpaid rent, and (2) monetary damages suffered by the landlord as a result of the tenant not complying with the lease terms or the tenant’s duties under the Nebraska Landlord/Tenant Act – Neb. Rev. Stat. § 76-1416(2)
- Upon termination of your lease, you must affirmatively demand recovery of your security deposit and provide your landlord with a location to which payment can be made or mailed; the landlord must provide the balance of the security deposit and, if applicable, a written itemization of the charges used out of your security deposit to you within 14 days of the demand – Neb. Rev. Stat. § 76-1416(2)
- If the landlord fails to comply with the tenant’s request for a refund of the security deposit, the tenant may recover all money owed, together with legal costs and reasonable attorney’s fees – Neb. Rev. Stat. § 76-1416(3)
----Tenants’ Rights Project---
Civil Clinical Law Program
University of Nebraska College of Law
Schmid Clinic Building
402-472-3271
civilclinic@unl.edu