Nebraska Essential Service Diminished Rental Value Demand
Nebraska Essential Service Diminished Rental Value Demand
Before you use this: Neb. Rev. Stat. § 76-1427(1)(b) allows damages based on diminished fair rental value when a landlord deliberately or negligently fails to supply a required essential service. The statute provides no automatic percentage or deduction for this election. Give written notice specifying the breach before asserting the remedy.
Date: [__/__/____]
To landlord or authorized agent: [NAME AND ADDRESS]
From tenant: [NAME, PHONE OR EMAIL]
Rental premises: [STREET ADDRESS, UNIT, CITY, NEBRASKA, ZIP]
Required service and earlier written notice
You were required to supply [RUNNING WATER / HOT WATER / HEAT / OTHER ESSENTIAL SERVICE] under [RENTAL-AGREEMENT TERM OR NEB. REV. STAT. § 76-1419 DUTY]. The service failed on [__/__/____] at [TIME]. The facts showing your deliberate or negligent failure to supply it are [SPECIFIC FACTS].
I gave written notice specifying the breach on [__/__/____] by [METHOD] to [NAME OR CONTACT]. It was received on [__/__/____], as shown by [EVIDENCE]. The notice described [DETAILS]. Your response was [DETAILS OR NONE]. The service ☐ remains unavailable as of [DATE AND TIME] ☐ was restored on [__/__/____] at [TIME].
The condition was not caused by circumstances beyond your control. It was not caused by a deliberate or negligent act or omission of me, a family member, or another person on the premises with my consent. The supporting facts are [DESCRIBE].
Fair rental value during the failure
The failure reduced use of the premises in these ways: [FACTS]. The comparison below is supported by [COMPARABLE RENTAL DATA, APPRAISAL, PHOTOS, SERVICE RECORDS, OR OTHER EVIDENCE].
| Rental-value item | Period and basis | Amount |
|---|---|---|
| Fair rental value with the required service | [DATES AND BASIS] | $[____] |
| Fair rental value during the failure | [SAME DATES AND BASIS] | $[____] |
| Diminution for that period | [DIFFERENCE] | $[____] |
I elect the § 76-1427(1)(b) remedy and request payment of the supported diminution of $[____] by [DATE] using [PAYMENT METHOD]. Please identify any disputed fact or calculation in writing. This demand does not itself withhold rent, deduct replacement-service costs, or elect substitute housing.
For this same breach, § 76-1427(2) limits proceeding under § 76-1425 after proceeding under § 76-1427. I reserve rights otherwise available under applicable law.
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier written notice and proof of delivery
☐ Service interruption and restoration records
☐ Fair-rental-value evidence
I delivered this demand and its enclosures to [NAME] on [__/__/____] by [METHOD] at [ADDRESS OR DELIVERY DETAILS].
Person making delivery: [________________________________]
Sources and References
About this template
- Last updated
- November 5, 2026
- Citations checked
- November 5, 2026
- Jurisdiction
- Nebraska
- Category
- Landlord & Tenant
Legal authority
- Neb. Rev. Stat. § 76-1427(1)(b), (2)-(3)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 5, 2026.
Neb. Rev. Stat. § 76-1427(1)(b) (checked November 5, 2026): "Recover damages based upon the diminution in the fair rental value of the dwelling unit"
Neb. Rev. Stat. § 76-1427(1) (checked November 5, 2026): "the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services"
Neb. Rev. Stat. § 76-1427(2) (checked November 5, 2026): "If the tenant proceeds under this section, he may not proceed under section 76-1425 as to that breach."
Neb. Rev. Stat. § 76-1427(3) (checked November 5, 2026): "The rights under this section do not arise until the tenant has given written notice to the landlord"
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