If My Landlord Isn't Fixing My Apartment, Can I Withhold My Rent?

A major tenants make in residential lease disputes is their withholding rent due to important and necessary repairs not being made by the landlord.

Under Nebraska’s Landlord Tenant Act, a landlord has the right to evict a tenant for non-payment of rent, even if the leased premises are uninhabitable due to repairs that haven’t been performed. The eviction process focuses exclusively on whether or not the tenant paid the rent owed under the terms of the lease agreement/agreement of the parties, and if that payment was timely.

A tenant can potentially recover damages from a landlord for expenses incurred due to the failure of the landlord to make necessary repairs (that have been communicated to the landlord by the tenant), but that process is done by the tenant filing a separate lawsuit in Small Claims Court. Small Claims Court allows parties to bring claims without having attorneys representing each side (in fact, attorneys are not allowed to represent clients in Small Claims Court).

More info on the Nebraska Landlord Tenant Act can be found at this information booklet put together by Legal Aid of Nebraska. CLICK HERE FOR BOOKLET