The cap is 1 month's rent (1.25 months if the dwelling is furnished, under common statutory structure). The return deadline is 14 days after termination and delivery of possession, with an itemized list of deductions. Interest: No statewide interest requirement. That is what separates Nebraska getting a security deposit back from a generic national summary. Read Neb. Rev. Stat. § 76-1416 before the background sections below. Wrongful withholding can support damages of one month’s rent plus the amount wrongfully withheld, and possible attorney fees.
When the deposit must be returned
14 days after termination and delivery of possession, with an itemized list of deductions
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support damages of one month’s rent plus the amount wrongfully withheld, and possible attorney fees.
A concrete Nebraska scenario
Here is one way the Nebraska pieces fit together. Change any fact and the statute may point somewhere else.
A residential tenant moves out of a Nebraska rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: 1 month's rent (1.25 months if the dwelling is furnished, under common statutory structure).
- Calendar the return deadline: 14 days after termination and delivery of possession, with an itemized list of deductions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support damages of one month’s rent plus the amount wrongfully withheld, and possible attorney fees.
Nebraska generally caps deposits at one month’s rent and requires return with itemization within 14 days. County court handles many deposit disputes.
Practical process for tenants and landlords
Nebraska generally caps deposits at one month’s rent and requires return with itemization within 14 days. County court handles many deposit disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
Related Nebraska guides
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Case law: security deposits in Nebraska
State of Nebraska, Appellee, v. James D. Walker, Appellant
State of Nebraska, Appellee, v. James D. Walker, Appellant, 236 Neb. 155 (1990)
…ich had not been changed into Garrison’s name; a delinquent security deposit; and an overdue rent payment. Davitt testified that one of the reasons for his visit was to check on the status of bedroom repairs which Garrison had agreed to perform in exchange for a reduction in the rent. About 5:30 p.m., Davitt arrived at the leased premises. He was not dressed as a police officer…
Practitioners open State of Nebraska, Appellee, v. James D. Walker, Appellant when Nebraska security deposits turns on the distinction in this sentence: "Garrison’s name; a delinquent security deposit; and an overdue rent payment. Davitt testified that one of the reasons for his visit was to check on the status of bedroom repairs which Garrison had agreed to perform in exchange for a reduction in the rent. About 5:30 p.m." Do not lift it out of the facts the court was deciding.
Henry Mason, Appellee and Cross-Appellant, v. Robert E. Schumacher and Alberta A. Schumacher, Husband and Wife
…damages for unlawful ouster and wrongful withholding of his security deposit, pursuant to Nebraska’s Uniform Residential Landlord and Tenant Act (URLTA), Neb. Rev. Stat. §§ 76-1401 et seq. (Reissue 1986). Schumachers cross-claimed for past-due rent and repairs to their duplex which had been rented to Mason. The county court consolidated the actions for trial, held that Mason ha…
Nebraska opinions such as Henry Mason, Appellee and Cross-Appellant, v. Robert E. Schumacher and Alberta A. Schumacher, Husband and Wife are cited where security deposits is disputed. The court stated: "Nebraska’s Uniform Residential Landlord and Tenant Act (URLTA), Neb. Rev. Stat. §§ 76-1401 et seq. (Reissue 1986). Schumachers cross-claimed for past-due rent and repairs to their duplex which had been rented to Mason." That is the language to brief; the rest of the decision supplies the procedural posture.
Russell Hilliard and Lisa Hilliard, Husband and Wife, Doing Business as R & L Rentals, Appellants, v. Marilyn E
…r found that Robertson was entitled to a return of her $250 security deposit. The Hilliards appealed to the district court for Scotts Bluff County, which affirmed the county court’s decision. The Hilliards then appealed to the Nebraska Court of Appeals. In a memorandum opinion filed April 1, 1997, the Court of Appeals affirmed the *234 judgment on the issue of mitigation of dam…
Russell Hilliard and Lisa Hilliard, Husband and Wife, Doing Business as R & L Rentals, Appellants, v. Marilyn E is worth reading on Nebraska security deposits because the court put the point in its own words: "Robertson was entitled to a return of her $250 security deposit. The Hilliards appealed to the district court for Scotts Bluff County, which affirmed the county court’s decision. The Hilliards then appealed to the Nebraska Court of Appeals." Use that passage as the starting point, then read the facts that precede it.
Claudia VASQUEZ and Cesar Moreno Tinoco, Appellants, v. CHI PROPERTIES, LLC, Appellee.
…ntal agreement. The landlord refused to return the tenants' security deposit or reimburse them for utilities paid. The landlord also refused to return rent paid for the 2 months that the tenants were mostly unable to occupy the premises, which the landlord allegedly had demanded in retaliation for the tenants' reporting to the Housing Division. The district court dismissed the…
Practitioners open Claudia VASQUEZ and Cesar Moreno Tinoco, Appellants, v. CHI PROPERTIES, LLC, Appellee. when Nebraska security deposits turns on the distinction in this sentence: "The landlord refused to return the tenants' security deposit or reimburse them for utilities paid." Do not lift it out of the facts the court was deciding.
Rick W. Middagh Et Al., Appellees and Cross-Appellants, v. Stanal Sound Ltd., a Nebraska Corporation, and Stan
…ghs under a re-lease of the premises of 17 months, a $1,625 security deposit made by lessees, and “$8,850.00 being a rent adjustment for failure of the lessor to erect fence being computed for the entire period of the lease, December 15, 1979 through and. including October 15, 1984, 59 months at $150.00.” Middaghs and lessees filed separate motions for new trial, both of which…
Practitioners open Rick W. Middagh Et Al., Appellees and Cross-Appellants, v. Stanal Sound Ltd., a Nebraska Corporation, and Stan when Nebraska security deposits turns on the distinction in this sentence: "December 15, 1979 through and. including October 15, 1984, 59 months at $150.00." Do not lift it out of the facts the court was deciding.
Vasquez v. CHI Properties
Vasquez v. CHI Properties, 302 Neb. 742 (2019)
…ntal agreement. The landlord refused to return the tenants’ security deposit or reimburse them for utilities paid. The landlord also refused to return rent paid for the 2 months that the tenants were mostly unable to occupy the premises, which the landlord allegedly had demanded in retaliation for the tenants’ reporting to the Housing Division. The district court dismissed the…
On security deposits, Vasquez v. CHI Properties speaks to the Nebraska dispute in this passage: "The landlord refused to return the tenants’ security deposit or reimburse them for utilities paid." The surrounding opinion shows how the court applied that language to the record.
REO Enters. v. Village of Dorchester
REO Enters. v. Village of Dorchester, 312 Neb. 792 (2022)
…-1416, which generally prohibits landlords from demanding a security deposit exceeding 1 month’s rent. REO argues that because state law caps the amount landlords may demand as a security deposit, the ordinance cannot create the potential for additional liability by requiring a landlord to provide a guarantee in support of a tenant’s application for util- ity services. While RE…
On security deposits, REO Enters. v. Village of Dorchester speaks to the Nebraska dispute in this passage: "REO argues that because state law caps the amount landlords may demand as a security deposit, the ordinance cannot create the potential for additional liability by requiring a landlord to provide a guarantee in support of a tenant’s application for util- ity services." The surrounding opinion shows how the court applied that language to the record.
Rosemarie Lomack, Appellant, v. Lela Kohl-Watts, Appellee
Rosemarie Lomack, Appellant, v. Lela Kohl-Watts, Appellee, 13 Neb. Ct. App. 14 (2004)
…a Kohl-Watts. The county court awarded a return of Lomack’s security deposit, but denied Lomack’s request for attorney fees. On appeal, the district court determined that in an action for the return of security deposit, an award of attorney fees is discretionary; the district court then found that the county court was not clearly erroneous in denying Lomack’s request for attorn…
Rosemarie Lomack, Appellant, v. Lela Kohl-Watts, Appellee is worth reading on Nebraska security deposits because the court put the point in its own words: "Kohl-Watts. The county court awarded a return of Lomack’s security deposit, but denied Lomack’s request for attorney fees." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Maximum deposit: 1 month's rent (1.25 months if the dwelling is furnished, under common statutory structure)
- Return deadline: 14 days after termination and delivery of possession, with an itemized list of deductions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support damages of one month’s rent plus the amount wrongfully withheld, and possible attorney fees.
- Primary authority: Neb. Rev. Stat. § 76-1416.
Deposit limits in Nebraska
1 month's rent (1.25 months if the dwelling is furnished, under common statutory structure)
Frequently asked questions
How much can a landlord charge for a security deposit in Nebraska?
1 month's rent (1.25 months if the dwelling is furnished, under common statutory structure)
How long does a landlord have to return my deposit?
14 days after termination and delivery of possession, with an itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support damages of one month’s rent plus the amount wrongfully withheld, and possible attorney fees.
This guide covers Nebraska residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.