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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1007
Introduced by Dungan, 26.
Read first time January 13, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Uniform Residential Landlord and Tenant1
Act; to amend section 76-1415, Reissue Revised Statutes of Nebraska,2
and section 76-1416, Revised Statutes Cumulative Supplement, 2024;3
to prohibit a landlord from keeping a security deposit when a rental4
agreement is not signed; to prohibit a landlord from including5
nondisclosure terms in rental agreements as prescribed; and to6
repeal the original sections. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. Section 76-1415, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
76-1415 (1) No rental agreement may provide that the tenant:3
(a) Agrees to waive or to forego rights or remedies under the4
Uniform Residential Landlord and Tenant Act; 5
(b) Authorizes any person to confess judgment on a claim arising out6
of the rental agreement; 7
(c) Agrees to pay the landlord's or tenant's attorney's fees; or8
(d) Agrees to the exculpation or limitation of any liability of the9
landlord arising due to active and actionable negligence of the landlord10
or to indemnify the landlord for that liability arising due to active and11
actionable negligence or the costs connected therewith; or .12
(e) Agrees not to disclose the contents of the rental agreement.13
(2) A provision prohibited by subsection (1) of this section14
included in a rental agreement is unenforceable. If a landlord15
deliberately uses a rental agreement containing provisions known by him16
or her to be prohibited, the tenant may recover actual damages sustained17
by him or her and reasonable attorney's fees. 18
Sec. 2. Section 76-1416, Revised Statutes Cumulative Supplement,19
2024, is amended to read: 20
76-1416 (1) A landlord may not demand or receive security, however21
denominated, in an amount or value in excess of one month's periodic22
rent, except that a pet deposit not in excess of one-fourth of one23
month's periodic rent may be demanded or received when appropriate, but24
this subsection shall not be applicable to housing agencies organized or25
existing under the Nebraska Housing Agency Act. 26
(2) Upon termination of the tenancy, property or money held by the27
landlord as prepaid rent and security may be applied to the payment of28
rent and the amount of damages which the landlord has suffered by reason29
of the tenant's noncompliance with the rental agreement or section30
76-1421. The balance, if any, and a written itemization shall be31
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delivered or mailed to the tenant within fourteen days after the date of1
termination of the tenancy. If no mailing address or instructions are2
provided by the tenant to the landlord, the landlord shall mail, by3
first-class mail, the balance of the security deposit to be returned, if4
any, and a written itemization of the amount of the security deposit not5
returned to the tenant's last-known mailing address. If the mailing is6
returned as undeliverable, or if the returned balance of the security7
deposit remains outstanding for one year, it shall be considered8
abandoned property to be reported and paid to the State Treasurer in9
accordance with the Uniform Disposition of Unclaimed Property Act.10
(3) If a landlord receives a payment of prepaid rent or security11
prior to entering into a rental agreement and the tenant thereafter12
declines to enter into such agreement, the landlord shall return such13
prepaid rent or security. 14
(4) (3) If the landlord fails to comply with subsection (2) or (3)15
of this section, the tenant may recover the property and money due him or16
her, court costs, and reasonable attorney's fees. In addition, if the17
landlord's failure to comply with subsection (2) or (3) of this section18
is willful and not in good faith, the tenant may recover an amount equal19
to one month's periodic rent or two times the amount of the security20
deposit, whichever is less, as liquidated damages.21
(5) (4) This section does not preclude the landlord or tenant from22
recovering other damages to which he or she may be entitled under the23
Uniform Residential Landlord and Tenant Act. However, a tenant shall not24
be liable for damages directly related to the tenant's removal from the25
premises by order of any governmental entity as a result of the premises26
not being fit for habitation due to the negligence or neglect of the27
landlord. 28
(6) (5) The holder of the landlord's interest in the premises at the29
time of the termination of the tenancy is bound by this section.30
Sec. 3. Original section 76-1415, Reissue Revised Statutes of31
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Nebraska, and section 76-1416, Revised Statutes Cumulative Supplement,1
2024, are repealed. 2
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