Mold is both an environmental and a health hazard. Presence of mold and conditions that can cause mold to require immediate correction. Who is responsible for mold remediation in a rented home?

Nebraska does not have state laws regarding mold cleaning. Landlords are responsible for ensuring that their property is livable and tenants have a clean and safe environment. Mold remediation is part of keeping a home clean and habitable. It is implied that the landlord will clean mold if it occurs.

In addition, tenants should ensure that they take proper care of their home and report problems to the landlord as soon as they appear.

  1. Maintain the property in a habitable state.
  2. Keep the common areas safe and clean.
  3. Maintain all electrical appliances provided by the landlord in working condition.
  4. Proper garbage disposal
  5. Ensure adequate supply of water to their property, including hot water.

Items that the landlord is responsible for maintenance in Nebraska.

ItemsLandlord Responsibility
MoldImplied
BedbugsImplied
Structural integrity Yes
PlumbingYes
ElectricityYes
Air conditioningYes
WaterYes
Garbage RemovalYes

Tenants Rights And Responsibilities In Nebraska

  1. Pay rent as agreed with the landlord.
  2. Keep the home clean and habitable.
  3. Make repairs where necessary.
  4. Maintain peace with other tenants and neighbors.
  5. Not destroy the property from malice or negligence.
  6. Reasonably use all facilities.
  7. Get reasonable notice from the landlord for entry into the property. Landlords must provide 24-hours notice to their tenants before entering their homes.

How Long Does The Landlord Have To Fix A Mold Problem

Landlords have 14 days to fix problems in their property after tenants report them.

In the case of a mold problem, tenants must report it before it gets too big. Tenants should report issues that are likely to cause mold early.

They should ensure to report in writing and provide photos of evidence of a mold problem.

However, landlords and tenants should work together to prevent or fix mold problems. When the mold in the house is not the tenant’s fault, landlords should pay for mold remediation. Landlords should ensure that water pipes do not leak to avoid water damage to walls. Tenants should ensure that they keep the house ventilated.

Proper ventilation removes condensation in the kitchen and bathroom, which can cause mold growth.

Note: See a full list of states and their mold laws here.

Mold Disclosure Law Nebraska

Part of the landlord’s responsibility to provide a habitable home is to make certain disclosures about the home.

Federal law requires landlords and property sellers to disclose to potential tenants and buyers the presence of lead paints in all homes built before 1978.

Landlords also must make other disclosures that may cause injury. Even without the law, they should disclose the presence of mold or asbestos. These can cause illness and discomfort to the clients.

Besides disclosing, landlords should ensure that they fix all the problems that they disclose to their tenants. It is part of their responsibility to maintain the property in a habitable condition.

Landlords should also disclose the location and contact of their agents.

Can You Break The Rental Lease In Nebraska Due To Mold

Nebraska tenants can break their lease under the following conditions:

  • Early lease termination clause.
  • Starting active military duty.
  • Uninhabitability of the unit due to mold or other problems that the landlord should fix.
  • Landlord harassment.
  • The landlord interrupts the supply of essential services.

Landlords can also break the rental lease agreement when:

  • Tenants repeatedly violate the lease agreement. Tenants will receive 30 days’ notice of eviction in this case.

Can Nebraska Tenants Withhold Rent

Tenants can withhold rent when the landlord, does not fix the problems reported. The tenant can call a professional to remediate mold and pay for the process. They can then withhold rent or deduct the amount from the rent due.

Tenants can also withhold rent when they are willing to risk eviction. However, landlords are not allowed to retaliate against tenants for reporting them or withholding and deducting repair expenses from rent.

When Can Tenants Not Withhold Rent

  • When they have rent due.
  • When they have not allowed the landlord ample time to fix the problem.
  • When they have not notified the landlord of the problem that would cause them to withhold rent.

Can A Nebraska Tenant Seek Justice In Court

A Nebraska tenant can seek justice from the court under the following conditions:

  • If the landlord willfully and in bad faith neglects to give you access to the property at the beginning of the lease.
  • In case of retaliation for reporting to the government housing agency.
  • Unlawful entry by the landlord into your home.
  • The landlord does not fulfill his responsibilities including the supply of hot water.
Ben McInerney
Author: Ben McInerney - is a qualified arborist with 15 plus years of industry experience in Arboriculture. He ran a successful tree service before turning to writing and publishing. Ben is dedicated to providing users with the most accurate up-to-date information on everything trees.