No Heat Or Water
Neb. Rev. Stat. § 76-1427 — written notice, then buying it and deducting, damages, or substitute housing
Where the landlord deliberately or negligently fails to supply running water, hot water, heat or essential services, the tenant may give written notice specifying the breach, and then:
- Procure reasonable amounts of them during the failure and deduct the actual and reasonable cost from the rent.
- Recover damages based on the drop in the fair rental value.
- Procure reasonable substitute housing, and owe no rent for that period.
A deliberate failure. If the failure is deliberate, the tenant may also recover the cost of substitute housing up to an amount equal to the periodic rent, and in any case reasonable attorney's fees.
The rights do not arise before written notice, or for a condition the tenant's household caused, or for circumstances beyond the landlord's control. A tenant using this section may not also proceed under the landlord noncompliance section for the same breach.
Sources for this section (1)
- Neb. Rev. Stat. § 76-1427 — Wrongful failure to supply heat, water, hot water, or essential services
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.