What late fees can a landlord charge in Nebraska?
Nebraska sets no cap on residential late fees and mandates no grace period — the state's landlord-tenant act never mentions late fees at all, and rent is 'payable without demand or notice at the time and place agreed upon by the parties' (Neb.
Rev. Stat. 76-1414(3)), so a lease-based fee can begin the day after rent is due. The seven days that some sources call a Nebraska 'grace period' is actually the eviction cure window in 76-1431(2): a landlord may terminate for nonpayment only after giving written notice and waiting seven calendar days, but nothing in that section delays or limits a late fee. With no statutory formula, a late fee's enforceability rests on ordinary contract law — it must function as a reasonable estimate of the landlord's loss rather than a penalty, and a court may strike an unconscionable clause under 76-1412 — so a clearly drafted lease clause with a defensible amount is the only real protection on either side. A bill that would have capped late fees at the lesser of 5% of the overdue payment or $50 (LB 17) died in committee when the Legislature adjourned in April 2026.
Nebraska late fees at a glance
| Statutory cap | No statutory cap (see reasonableness standard and notes) |
|---|---|
| Mandatory grace period | None mandated statewide |
| Must be in the lease | Not addressed by statute |
| Daily fees | No statute addresses late-fee structure; daily fees are a lease matter bounded by contract-law reasonableness and the act's unconscionability backstop (76-1412). |
| Reasonableness standard | No statutory standard — the Uniform Residential Landlord and Tenant Act never mentions late fees (negative check run twice against the full act text). Enforceability is governed by ordinary Nebraska contract and liquidated-damages principles (a fee must be a reasonable forecast of probable loss, not a penalty), with 76-1412 letting a court refuse to enforce an unconscionable rental-agreement provision. No Nebraska appellate decision squarely addressing residential late fees was found. |
Notes and caveats
Statute citations
- Neb. Rev. Stat. § 76-1414 (1), (3) Official source
- Neb. Rev. Stat. § 76-1412 Official source
- Neb. Rev. Stat. § 76-1431 (2) Official source
How this record was verified: Direct read of statute text on the official Nebraska Legislature site (nebraskalegislature.gov): sections 76-1416, 76-1423, 76-1437, and 13-331 each fetched twice in independent reads (standard and print views) with all load-bearing figures matching verbatim (one-month deposit cap, one-quarter-month pet deposit, 14-day return keyed to the date of termination of the tenancy, lesser-of one month's rent/2x deposit penalty, 24 hours' written entry notice with purpose and anticipated-window content requirements, 30-day/7-day periodic termination notice, rent-control preemption text), and each additionally reconciled character-for-character against the official enacted slip laws downloaded from nebraskalegislature.gov/FloorDocs: LB 433 (2019) and LB 532 (2021) for 76-1416, LB 320 (2021) for 76-1423, LB 266 (2025) for 13-331 — so every amendment claim is pinned from the session law itself. Also read: 76-1408 (exclusions), 76-1414 (rent terms), 76-1432(2) (absence entry), 76-1410(13) (rent definition), 76-1412 (unconscionability), 76-1431(2) (7-day pay-or-quit). FindLaw mirror (current through 2024) matched 76-1423 verbatim; Justia/LegiScan returned 403 and were not needed. Negative checks (no late-fee or grace-period provision, no deposit interest, no escrow/trust account, no rent-increase notice or frequency rule) run twice against the full act text via the legislature's consolidated display (76-1401 through 76-14,111). Pending-bill check 2026-07-11 on official bill pages: LB 17 (fee limits, late-fee cap) indefinitely postponed 2026-04-17; LB 587 (tenant remedies) indefinitely postponed 2026-04-17; LB 980 and LB 469 (2026 eviction-procedure bills) not enacted — no slip law exists; 109th Legislature 2nd session adjourned sine die 2026-04-17.