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Nebraska Landlord Painting Responsibilities

    General Habitability

    • There is no Nebraska state law stating that landlords are responsible for painting rental properties. According to Nebraska Statue 76-1419, landlords shall comply with all minimum housing codes in Nebraska after actual or written notice and shall keep the common areas in clean and safe condition. In cases of peeling non-lead paint, the tenant may claim that this condition does not constitute a "clean" environment. However, if the tenant simply wishes to "refresh" dull paint, this will most likely be considered cosmetic and the landlord will not be required to remedy.

    Lead-Paint Disclosure

    • Rental properties built or renovated before 1978 generally used lead-based paint before it was banned in 1978. Under federal law, landlords must provide tenants with written notice at least 60 days before starting any renovations that may disturb lead-based paint. The landlord also must provide an EPA pamphlet explaining how to protect your family from lead-based paint. Lead paint in good condition is considered safe. However, peeling or cracking lead-based paint is considered uninhabitable. The landlord should have a contractor certified in lead-paint removal correct the condition.

    Lead-Based Paint Hazard Reduction Act (Title X)

    • The Residential Lead-Based Paint Hazard Reduction Act (Title X) requires landlords to disclose in writing if a property has lead paint before renting the property or before renewing a rental contract. A landlord found liable for tenant injuries due to lead-based paint may pay up to three times the tenant's damages and suffering. The EPA oversees landlords' compliance with lead paint notification and removal procedures. A landlord may face up to a $10,000 penalty for each EPA violation.

    Properties exempt from Title X

    • Properties such as lofts, efficiency and studio apartments ("zero-bedroom" housing), rental properties for the disabled (unless a child under 6 years old lives there), short-term rentals of less than 100 days and one-room rentals in residential houses are exempt from Title X.

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