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Overview
Nebraska does not have specific state legislation addressing mold in rental properties. However, tenants are protected under the Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. sections 76-1401 to 76-1449), which establishes an implied warranty of habitability. Under this framework, landlords must maintain rental properties in a fit and habitable condition, which courts and housing authorities generally interpret to include addressing mold problems that affect health and safety. [Nebraska Revised Statutes Section 76-1401]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to rental premises that are fit and habitable. This includes freedom from conditions that materially affect health and safety, such as significant mold growth. The implied warranty of habitability cannot be waived by lease provisions.
Right to Request Repairs
Tenants may provide written notice to landlords of needed repairs affecting health and safety. Landlords generally have 14 days to begin repairs after receiving written notice, unless the problem creates an immediate danger.
Landlord Responsibilities
Maintain Fit and Habitable Premises
Landlords must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. This includes addressing mold problems that threaten tenant health and safety. The duty applies to conditions existing at the commencement of the lease as well as those arising during the tenancy.
[Vasquez v. CHI Properties, 302 Neb. 742 (2019) - interpreting Section 76-1419]
Comply with Housing Codes
Landlords must substantially comply with applicable minimum housing codes materially affecting health and safety after receiving written or actual notice of violations.
Remedies Available to Tenants
Rent Withholding
Available: Nebraska allows rent withholding through a counterclaim process in eviction proceedings rather than unilateral withholding. When a landlord sues for possession based on nonpayment, the tenant may counterclaim for damages under the Uniform Residential Landlord and Tenant Act. The court may order the tenant to pay rent into court while the case proceeds. If the tenant prevailing on their counterclaim eliminates the rent owed, judgment shall be entered for the tenant. Additionally, for failure to supply essential services like heat, hot water, or running water, tenants have specific remedies including procuring substitute housing and being excused from paying rent during the period of noncompliance.
Repair and Deduct
Available: Nebraska allows repair and deduct remedies specifically for essential services. If the landlord deliberately or negligently fails to supply running water, hot water, heat, or essential services, tenants may procure these services and deduct the actual and reasonable cost from rent. This remedy is more limited than general repair and deduct provisions in some other states - it applies specifically to essential services rather than all repair issues. For mold specifically, tenants should consult an attorney before using repair and deduct, as it may not clearly fall under "essential services."
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Nebraska
Understanding Nebraska's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Continental Climate with Increasing Precipitation
Nebraska experiences a continental climate with warm, humid summers and cold winters. The summer of 2025 was warm and wet, with the state average of 12.74 inches being the wettest since 2019. Precipitation was above average for almost all of central and eastern Nebraska, with some northeastern areas recording their wettest summer on record.
Humidity and Agricultural Mold Concerns
July 2025 was a particularly humid month with dew points well above average across most of Nebraska. The high humidity was a catalyst for fungal diseases affecting soybean and corn crops, and also poses a public health threat because it contributes to mold in homes. The combination of humidity, increased precipitation, and cloud cover creates favorable conditions for indoor mold growth.
Billion-Dollar Disasters
Nebraska has experienced 13 drought events, 5 flooding events, and 44 severe storm events as billion-dollar disasters since 1980. The annual average for recent years (2020-2024) is 4.4 disaster events compared to the historical average of 1.5 events. The Great Plains has seen a 16 percent increase in the amount of water in the heaviest deluges of recent decades.
Flooding Risk
Nearly 90,000 Nebraska residents live in areas at elevated risk of inland flooding. Spring is typically the season with the highest risk for river flooding. With increasing climate extremes, the naturally occurring whipsaw between drought and flood is forecast to become more pronounced.
August 2025 Flood Disaster
Nebraska experienced severe storms, straight-line winds, and flooding from August 8-10, 2025, resulting in a Major Disaster Declaration (DR-4896-NE) on October 22, 2025. Such flood events create significant mold risk in affected homes if water damage is not addressed within 24-48 hours.
Common Mold Types in Nebraska
Nebraska faces increasing flood risk with nearly 90,000 residents in elevated-risk areas. July 2025 had dew points well above average, creating conditions favorable for indoor mold. The August 2025 floods resulted in a Major Disaster Declaration. Spring flooding and summer humidity create recurring mold challenges.
Stachybotrys chartarum
Black mold found in flood-damaged homes, particularly after the devastating 2019 Missouri River floods and August 2025 storm events.
Aspergillus
Common throughout Nebraska, especially in humid summer conditions when dew points are well above average.
Cladosporium
Found in basements and bathrooms. Nebraska's increasing precipitation has created more favorable conditions.
Fusarium
Agricultural mold common in Nebraska; affects crops and can enter buildings after flooding events.
Alternaria
Common in agricultural areas. High humidity in summer 2025 was a catalyst for fungal diseases statewide.
Mold Professional Requirements in Nebraska
Implied Warranty of Habitability
Under Nebraska Revised Statutes Section 76-1419, landlords must: (a) substantially comply with applicable minimum housing codes materially affecting health and safety after written or actual notice; (b) make all repairs necessary to put and keep the premises in a fit and habitable condition; (c) keep all common areas clean and safe; (d) maintain all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities in good and safe working order; (e) provide appropriate waste receptacles and arrange for removal; and (f) supply running water, reasonable hot water, and reasonable heat. The Nebraska Supreme Court has held that these duties are not limited to conditions arising after commencement of the lease term (Vasquez v. CHI Properties, 302 Neb. 742, 2019). [Nebraska Revised Statutes Section 76-1419]
Mold Disclosure Requirements
Notable Mold Court Cases in Nebraska
These cases have shaped mold litigation and tenant rights in Nebraska. Understanding legal precedents can help inform your own situation.
Vasquez v. CHI Properties (2019)
Summary: Nebraska Supreme Court case clarifying that landlord habitability duties apply to conditions existing at lease commencement, not just those arising later.
Outcome: The court held that the duty to maintain fit premises under Section 76-1419 is not limited to conditions arising after the lease term begins.
Significance: This case strengthened tenant protections by ensuring landlords cannot avoid liability for pre-existing habitability issues including mold.
Local Regulations
Some cities in Nebraska have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Nebraska mold law details.
Omaha, NE
Local mold risks, prevention priorities, and next steps for Omaha.
Lincoln, NE
Local mold risks, prevention priorities, and next steps for Lincoln.
Bellevue, NE
Local mold risks, prevention priorities, and next steps for Bellevue.
Grand Island, NE
Local mold risks, prevention priorities, and next steps for Grand Island.
Kearney, NE
Local mold risks, prevention priorities, and next steps for Kearney.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Nebraska.
Nebraska Investment Finance Authority (NIFA) Programs
NIFA offers housing rehabilitation programs that may cover mold remediation as part of home repairs for qualifying homeowners.
Eligibility: Income-qualified Nebraska homeowners
Coverage: Varies by program - may include mold remediation as part of housing rehabilitation
Phone: 402-434-3900Learn More →
FEMA Individual Assistance - DR-4896-NE
Disaster assistance available for the August 2025 flooding events, which may include mold remediation for affected properties.
Eligibility: Residents in designated disaster areas affected by August 2025 storms and flooding
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural Nebraska homeowners for home repairs including mold remediation.
Eligibility: Very low-income homeowners in eligible rural Nebraska areas
Coverage: Loans up to $40,000; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Nebraska have specific mold laws for rental properties?
No, Nebraska does not have specific state legislation addressing mold in rental properties. However, mold issues are covered under the implied warranty of habitability established by the Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. 76-1401 to 76-1449). Landlords must maintain premises in a fit and habitable condition, which includes addressing mold that affects tenant health and safety.
What should I do if I find mold in my Nebraska rental?
First, document the mold with photos and notify your landlord in writing, keeping a copy for your records. Under Nebraska law (Section 76-1419), landlords must make repairs to keep premises habitable after receiving notice. Give the landlord 14 days to address the issue. If they fail to act, you may have options including terminating your lease (with proper notice), recovering damages, or seeking injunctive relief through the courts.
Can I withhold rent in Nebraska due to mold?
Nebraska does not allow unilateral rent withholding. However, if your landlord sues you for nonpayment, you can counterclaim for damages under Section 76-1428. The court may order you to pay rent into court while the case proceeds. If your counterclaim succeeds and eliminates the rent owed, judgment will be entered in your favor. For essential services failures (heat, water), Section 76-1427 allows you to procure substitute housing and be excused from paying rent.
Official Resources
These official resources can help you understand your rights and take action: