Can my landlord charge me for mold removal if it's in my apartment?

No. Mold removal due to the building's moisture problems is the landlord's responsibility and expense under Nebraska's habitability requirements. However, if you caused the mold through something like covering vents or creating excessive moisture, that's a different conversation—but even then, your landlord should attempt to address the underlying issue first.

What if my landlord says mold isn't their problem because it's 'just surface mold'?

Tell them to look at Neb. Rev. Stat. § 76-1601—any mold that affects the habitability of the property is their problem. Even small mold indicates a moisture issue that needs fixing, and moisture problems always get worse if ignored. Document their response in writing.

Can I withhold rent in Nebraska if my landlord won't fix mold?

Yes, you can legally withhold rent under § 76-1625, but you must put that money in an escrow account (a separate bank account, not your regular checking) and notify your landlord in writing explaining why. This protects you if they try to evict you for non-payment.

Mold and Tenant Rights in Nebraska

Here's what you need to know right now about mold in your Nebraska rental

If you've got mold growing in your apartment or house, your landlord has a legal obligation to fix it—and that's not optional.

Under Nebraska law, landlords must maintain rental properties in a habitable condition, which means they need to keep the place safe, sanitary, and structurally sound. Mold creates conditions that aren't habitable, so your landlord can't just ignore it or tell you to deal with it yourself.

The Nebraska Residential Tenancies Act (found in Neb. Rev. Stat. § 76-1601 et seq.) is your foundation here. It requires that landlords maintain premises in compliance with all applicable building and housing codes, which include mold prevention and removal standards. When your landlord fails to do that, you've got legal remedies—but you need to follow the right steps to protect yourself.

Document everything before you do anything else

Seriously, take photos and videos of the mold right now. — and that can make a big difference

Get pictures that show the mold clearly, and if you can, capture the location in relation to recognizable fixtures (like that bathroom sink or the corner of your bedroom). Take shots from different angles so there's no question about how extensive the problem is. (More on this below.) If the mold's been spreading or you've noticed it getting worse, take photos over time—these will be gold if you end up in a dispute with your landlord. Write down when you first noticed it, what you've done about it, and whether it's causing you any health issues (breathing problems, allergies getting worse, anything like that).

Give your landlord written notice—and keep proof they got it

Don't just mention the mold casually next time you see them or in a text they might delete later.

Send a written notice to your landlord describing the mold, where it is, and how long it's been there. Email works great because you'll automatically have a time-stamped record. If you mail it, send it certified mail with return receipt requested so you've got proof of delivery. Under Nebraska law, your landlord has a reasonable time to make repairs—and while the statute doesn't specify an exact number of days for mold specifically, courts generally expect urgent habitability issues to be addressed quickly (think days or a couple of weeks, not months). Make your notice clear that this is a health and safety issue, not just a cosmetic problem.

Know what your landlord actually has to do

Here's the thing: your landlord doesn't just get to paint over it or spray some bleach.

They need to identify and fix the underlying cause. Mold grows because there's moisture—whether that's from a leak, condensation, inadequate ventilation, or water intrusion from outside. A legitimate repair means finding that source and eliminating it, then properly removing the mold. If it's a small surface mold situation (we're talking a small patch on a window sill), your landlord might be able to handle that. But if you've got widespread mold or mold in walls or HVAC systems, they'll likely need to bring in professionals. The cost is 100% on them, not you.

What happens if your landlord ignores you

You've got options, and they're real ones.

If your landlord doesn't respond or won't make repairs after you've given them written notice, Nebraska law allows you to either repair the problem yourself and deduct the cost from your next rent payment (this is called "repair and deduct," and it's legal under Neb. Rev. Stat. § 76-1625), or you can withhold rent until the repairs are made. If you go the withhold-rent route, you need to follow the law carefully—put that rent in an escrow account or set it aside in a way that shows you're not just pocketing it. You'll want to document everything in writing explaining why you're withholding rent. The other option is to break your lease without penalty and move out—Nebraska allows tenants to terminate a lease when the landlord breaches the habitability requirement, though you should still send written notice first.

Whatever route you choose, keep records of everything. Bank statements showing escrow deposits, repair receipts, photos, emails—all of it matters if this ever gets to small claims court or a formal eviction proceeding.

Don't ignore your own role in preventing it

Look, this matters for your legal protection.

Landlords sometimes argue that tenants caused the mold by failing to maintain reasonable ventilation or by not reporting water damage promptly. You're responsible for basic things like running your bathroom fan during showers, not blocking vents, reporting leaks immediately when you spot them, and not doing things that create excess moisture. But—and this is important—you're not responsible for fixing structural problems or underlying moisture issues that stem from the building itself. If your landlord's failed to maintain the roof or the foundation is leaking, that's on them, and your failure to somehow magically prevent mold in those circumstances won't hold up.

The bottom line is this: mold in a rental in Nebraska isn't something your landlord gets to ignore or pass off to you. You've got the law backing you up, but you've got to follow the process—write it down, document it, give notice, and then pursue your remedies if they don't act.