Nebraska Essential Service Substitute Housing and Rent Excusal Notice
Nebraska Essential Service Substitute Housing and Rent Excusal Notice
Before you use this: Neb. Rev. Stat. § 76-1427(1)(c) permits reasonable substitute housing during a deliberate or negligent landlord failure to supply a required essential service. Rent is excused for the period of noncompliance. A separate recovery of substitute-housing cost or value requires a deliberate failure and is limited to the periodic rent; reasonable attorney's fees may also be available under the subsection. Give written notice specifying the breach before using this 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 prior 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. Supporting facts are [DESCRIBE].
Substitute housing and rent
I elect reasonable substitute housing under § 76-1427(1)(c) for the period of your noncompliance. The housing is [PROVIDER AND ADDRESS]. Occupancy began on [__/__/____] at [TIME] and ☐ continues ☐ ended on [__/__/____] at [TIME]. It is reasonable in these circumstances because [FACTS].
| Rent item | Period and calculation | Amount |
|---|---|---|
| Rent otherwise owed during noncompliance | [DATES AND DAILY-RENT BASIS] | $[____] |
| Rent excused for that period | [DATES] | $[____] |
| Rent due outside that period | [DATES] | $[____] |
I will pay rent due outside the excused period as required by the rental agreement. I will provide an updated calculation if the interruption continues.
Additional cost request only if the failure was deliberate
☐ I do not request a separate substitute-housing cost or value amount in this notice.
☐ I request an additional amount because the failure was deliberate. The facts showing deliberate conduct are [SPECIFIC FACTS]. The actual and reasonable cost or fair and reasonable value of substitute housing is $[____], supported by [RECEIPTS OR OTHER RECORD]. The periodic rent for the same period is $[____]. I request $[____], no more than that periodic-rent limit. Reasonable attorney's fees incurred, if any, are $[____], supported by [ITEMIZATION].
Please pay any additional supported amount requested above by [DATE] using [PAYMENT METHOD], or identify a disputed item in writing. This notice does not claim that substitute-housing cost recovery is available for a negligent failure alone.
By electing substitute housing under § 76-1427(1)(c) for this breach, I cannot also proceed under § 76-1425 for the same breach. I am not electing the replacement-service cost deduction under § 76-1427(1)(a).
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier written notice and proof of delivery
☐ Substitute-housing receipts or other cost records
☐ Service interruption and restoration records
☐ Rent and attorney-fee records, if applicable
I delivered this notice 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)(c), (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)(c) (checked November 5, 2026): "Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent"
Neb. Rev. Stat. § 76-1427(1) (checked November 5, 2026): "if the failure to supply is deliberate, the tenant may recover the actual and reasonable cost or fair and reasonable value of the substitute housing"
Neb. Rev. Stat. § 76-1427(1) (checked November 5, 2026): "not in excess of an amount equal to the periodic rent, and in any case under this subsection reasonable attorney's fees"
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."
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