The landlord´s refusal to return the tenant´s damage deposit is the most common rental problem encountered by students.
Know the Law on Damage Deposits. According to §76-1416 of the Nebraska Residential Landlord Tenant Act, the landlord may use the damage deposit in only two circumstances: (1) to cover the cost of unpaid, past due rent the tenant owes, and (2) to cover the cost of repairing damages to the apartment caused by the tenant or his or her guests which exceeds normal wear and tear.
If you did not damage the apartment and rent is paid, the landlord is legally obligated to return the entire deposit. The Nebraska Residential Landlord Tenant Act does not specifically spell out what constitutes "normal wear and tear." However, you are not responsible for general upkeep and capital improvements; repairs or tasks of this nature are the responsibility of the property owner.
The landlord must return the remainder of the deposit, if any, and a written itemization of any deductions to the tenant within fourteen days after the lease ends. If the landlord does not receive a new address for the tenant, they must send the deposit and list of deductions to the tenant's last known address. If this is unsuccessful, they must give the deposit to the State Treasurer for safekeeping until the tenant claims it.
Sue in Small Claims Court. If the landlord fails to return your deposit within 14 days or you dispute the landlord´s claim of damages, you can sue in Small Claims Court or obtain an attorney (call SLS for representation) and ask the court to award you the deposit plus attorney´s fees. (See the Small Claims Court Section of the SLS Handbook.) The apartment inventory you filled out and the photographs you took when you moved in will be valuable tools in recovering your deposit. You can use this evidence in negotiating a settlement or in court.