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LB 587

Change provisions relating to tenants' remedies under the Uniform Residential Landlord and Tenant Act

109th Legislature (2025-2026) Introduced by Ashlei Spivey

LB 587 expands tenant remedies under URLTA for mold, pests, and services, allowing rent deductions, damages, substitute housing, and lease termination upon notice.

Title printed. Carryover bill
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WeVote Research Nonpartisan
Bill Summary · LB 587

Summary of LB 587 (Nebraska, 2025)

Purpose and intent

  • LB 587 seeks to enhance tenant protections by expanding and clarifying remedies available when a landlord fails to maintain a dwelling unit or provide essential services, with a focus on mold, pest infestations, and other health-and-safety issues.
  • The bill makes changes to the Uniform Residential Landlord and Tenant Act (URLTA), specifically amending sections 76-1425 and 76-1427, and repealing the original sections.

Key provisions and changes

Section 76-1425 (Termination and remedies for noncompliance)

  • If a landlord materially breaches the rental agreement or fails to maintain health- or safety-related conditions under URLTA, a tenant may deliver a written breach notice.
  • The tenant can terminate the lease if the breach is not remedied within a specified period, with a notice providing a termination date not less than a defined minimum (interpreted as either 14 days after receipt, with an opportunity to remedy within 7–14 days, depending on the precise drafting).
  • If the breach is remediable (e.g., repairs, damages), and the landlord adequately remediate before the termination date, the rental agreement does not terminate.
  • If the same breach recurs within six months after a prior notice, the tenant may terminate the rental agreement.
  • The tenant cannot terminate for conditions caused by the deliberate or negligent acts of the tenant or their household.
  • Remedies under this section are in addition to other remedies outlined elsewhere in the URLTA.

Section 76-1427 (Remedies for failure to provide essential services, mold, or pests)

  • If the landlord deliberately or negligently fails to supply running water, hot water, heat, or other essential services, or fails to remediate a known mold problem or pest infestation, the tenant may:
    • (a) Withhold or deduct reasonable costs for obtaining essential services from rent.
    • (b) Withhold or deduct reasonable costs for remediation (e.g., mold/pest) from rent.
    • (c) Seek damages based on diminution in fair rental value of the dwelling.
    • (d) Seek damages for diminution in value of the tenant’s personal property due to landlord noncompliance.
  • The tenant may procure reasonable substitute housing during the landlord’s noncompliance and deduct rent accordingly; if substitute housing is used because of deliberate landlord failure, the tenant may recover the actual and reasonable cost or fair value of substitute housing, not to exceed periodic rent.
  • In such cases, the tenant may also recover reasonable attorney’s fees.
  • If the tenant pursues remedies under this section, they may not pursue remedies under 76-1425 for the same breach.
  • Rights under this section arise only after written notice to the landlord (or if the issue is caused by the tenant, etc.). The section is not intended to cover conditions beyond the landlord’s control.

Who is affected

  • Tenants under Nebraska’s URLTA, particularly those living in dwellings with mold, pest infestations, inadequate essential services (heat, hot water, running water), or other health-and-safety maintenance failures.
  • Landlords and property operators subject to URLTA standards and remedies.

Procedural and timeline aspects

  • Introduced: January 22, 2025.
  • Committee: Judiciary.
  • Hearing notice: February 20, 2025.
  • The bill would repeal and replace the existing sections (76-1425 and 76-1427) with rewritten language reflecting the revised remedies framework.

Potential impact

  • Expanded tenant remedies for health/safety failures and service disruptions.
  • Enhanced ability for tenants to deduct costs or seek damages for mold, pests, and lack of essential services.
  • Clarified procedures for termination when breaches are not remedied, with timeframes likely around a 14-day notice period and a 7–14 day remedial window.
  • Potentially greater leverage for tenants in disputes while imposing new compliance expectations on landlords.

Note: The exact date calculations and remedial windows should be confirmed once the bill’s final text is enacted, as the provided excerpt contains some drafting ambiguities.

Compiled from official sources — confirm details with the bill’s official record.

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