Nebraska Small Claims Court

How to Sue Your Landlord in Nebraska Small Claims Court

Nebraska gives landlords 14 days to return your deposit. If they missed it, you may be entitled to your full deposit back plus damages in penalties. Here's how to file.

Nebraska Small Claims — Quick Facts

Filing Fee

$26–$44

Max Claim

$3,600

Hearing Timeline

1430 days

Attorney Allowed

No

Penalty

May forfeit right to retain deposit

Statute

Neb. Rev. Stat. § 76-1416

Step-by-Step: Filing in Nebraska

1

Calculate what you're owed

Confirm your landlord missed Nebraska's 14-day deadline. If they did, calculate your deposit plus any penalties you're entitled to under Neb. Rev. Stat. § 76-1416.

Calculate your Nebraska deadline →
2

Send a demand letter first

Nebraska courts look favorably on tenants who attempted resolution before filing. Send a formal demand letter citing Neb. Rev. Stat. § 76-1416 and the specific amount owed. Give your landlord 7–14 days to respond.

Generate a Nebraska demand letter →
3

Gather your evidence

Upload photos, your lease, and any communication with your landlord. You'll need move-in and move-out photos, proof your demand letter was sent, and any deduction statements your landlord provided.

Organize your evidence →
4

File your claim

File at the County Court in the county where the property is located. The filing fee is $26–$44 depending on your claim amount. You can recover this fee if you win.

Find your Nebraska court →
5

Serve your landlord

Nebraska accepts the following service methods: Certified mail, Process server, Sheriff. You cannot serve the papers yourself — have someone else deliver them or use a professional service.

6

Present your case

Bring copies of everything: your lease, photos, demand letter with proof of mailing, and any communication with your landlord. Present your case clearly and stick to the facts.

Prepare for your hearing →

What You Can Claim in Nebraska

+

Your full security deposit

The amount your landlord failed to return

+

Filing fee reimbursement

The court can order your landlord to reimburse your filing costs

Example: If your landlord withheld a $1,500 deposit in bad faith in Nebraska, you could recover up to $3,000 (deposit + 1x penalty) plus your filing fee.

Nebraska Small Claims FAQ

Do I need a lawyer for Nebraska small claims court?

No. Nebraska does not allow attorneys to represent parties in small claims court. You represent yourself, and the process is designed for people without legal training.

How long does Nebraska small claims court take?

After filing, your hearing is typically scheduled within 14–30 days. The hearing itself usually takes 15–30 minutes. The judge often rules the same day.

What if my landlord doesn't show up to court in Nebraska?

You win by default. The court will enter a default judgment for the amount you requested, assuming your claim is reasonable and supported by evidence.

How much can I sue for in Nebraska small claims court?

Nebraska small claims court handles cases up to $3,600. For security deposits, you can claim your full deposit plus any applicable penalties under Neb. Rev. Stat. § 76-1416.

Ready to take action?

Start by calculating your exact deadline and what you're owed. Then generate a demand letter — most landlords respond before you ever need to file.

Last updated: March 12, 2026Reviewed for accuracy by a licensed attorney