Nebraska
Nebraska Landlord-Tenant Recording Laws: Cameras, Audio, and Privacy Rights (2026)
Under Nebraska's one-party consent law (Neb. Rev. Stat. section 86-290), any landlord or tenant who participates in a conversation may record it without notifying the other party. Landlords, however, cannot place hidden cameras or audio devices inside a rental unit where tenants have a reasonable expectation of privacy.
Recording interactions between landlords and tenants in Nebraska is governed by the state's one-party consent wiretapping law, landlord-tenant statutes, and privacy principles. This guide covers when tenants and landlords can legally record, security camera rules, and how recordings serve as evidence.
Can Tenants Record Their Landlord?
Yes. Nebraska is a one-party consent state under Neb. Rev. Stat. section 86-290. Tenants can record conversations with their landlord without informing them.
What Tenants Can Record
- Conversations about rent, repairs, or lease terms
- Phone calls with property managers
- Inspections and walkthroughs
- Move-in and move-out inspections
What Tenants Cannot Record
- Conversations between the landlord and others when tenant is absent
- Recordings made with criminal or tortious intent
Landlord Recording and Cameras
Landlords can record conversations they participate in. For security cameras:
Permitted: Building exterior, parking lots, hallways, common areas Prohibited: Inside rental units, bathrooms, private areas
Hidden cameras inside rental units could violate wiretapping law (Class IV felony: up to 2 years, $10,000 fine).
Nebraska Landlord-Tenant Law
Entry and Notice
Nebraska's Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. section 76-1401 et seq.) requires landlords to give tenants at least twenty-four hours' written notice of the landlord's intent to enter, stating the purpose and a reasonable window for entry, except in emergencies or when written notice is impracticable. Verbal notice alone does not satisfy the statute. Recording landlord entries documents compliance.
Security Deposits
Under Neb. Rev. Stat. section 76-1416, landlords must return deposits within 14 days after the date of termination of the tenancy. Video recordings of unit condition are powerful evidence in deposit disputes.
Recordings as Evidence
Recordings made under one-party consent are admissible in Nebraska courts for eviction proceedings, security deposit disputes, habitability complaints, and discrimination claims. The Nebraska Equal Opportunity Commission handles housing discrimination complaints.
Penalties
| Violation | Statute | Penalty |
|---|---|---|
| Recording without consent | Neb. Rev. Stat. 86-290 | Class IV felony: up to 2 years, $10,000 fine |
| Hidden camera voyeurism (intrusion, first offense) | Neb. Rev. Stat. 28-311.08 | Class I misdemeanor (Class IV felony for a repeat offense) |
| Recording someone's intimate area | Neb. Rev. Stat. 28-311.08 | Class IV felony |
More Nebraska Recording Laws
Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording
Back to Nebraska Recording Laws
More Nebraska Recording Topics
More Nebraska Laws
Frequently Asked Questions
Can I record my landlord in Nebraska?
Yes. Nebraska one-party consent (Neb. Rev. Stat. section 86-290) allows you to record conversations you participate in without telling your landlord.
Can my landlord put cameras in my apartment?
No. A landlord cannot install cameras inside your unit. This could violate wiretapping law and privacy rights.
Can I install a camera at my apartment?
You can install cameras inside your own unit subject to lease terms. Wireless cameras not requiring modifications are generally acceptable.
Can recordings be used in Nebraska eviction cases?
Yes. Recordings made legally under one-party consent are admissible when authenticated.
How long does my landlord have to return my deposit in Nebraska?
14 days after the date of termination of the tenancy under Neb. Rev. Stat. section 76-1416.
Updates
Corrected the landlord entry-notice citation and requirement (24 hours' written notice, not a vague one-day notice, under Neb. Rev. Stat. 76-1423), and fixed the hidden-camera penalty table so it matches the page's own correct Class IV felony framing for intimate-area recording instead of understating it as a flat misdemeanor.
Independently fact-checked against current primary sources.
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
Corrected the security-deposit return deadline: Neb. Rev. Stat. 76-1416 ties the 14-day deadline solely to the date of termination of the tenancy, not to when the landlord regains possession.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on 3 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 76: REAL PROPERTY
§ 76-1401Act, how citedIn forcecited in 2 of our articles
Sections 76-1401 to 76-1449 shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.
Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov
Cited in 16 court opinionsMost recently applied by a court: 2026
Leading cases: Mason v. Schumacher (Nebraska Supreme Court 1989, 231 Neb. 929) · NP Dodge Mgmt. Co. v. Holcomb (Nebraska Supreme Court 2023, 314 Neb. 748) · Johnson v. Vosberg (Nebraska Supreme Court 2024, 316 Neb. 658)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Squatters Rights and Adverse Possession Laws (2026)
§ 76-1416Security deposits; prepaid rentIn force
(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing agencies organized or existing under the Nebraska Housing Agency Act. (2) Upon termination of the tenancy, property or money held by the landlord as prepaid rent and security may be applied to the payment of rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement or section 76-1421. The balance, if any, and a written itemization shall be delivered or mailed to the tenant within fourteen days after the date of termination of the tenancy. If no mailing address or instructions are provided by the tenant to the landlord, the landlord shall mail, by first-class mail, the balance of the security deposit to be returned, if any, and a written itemization of the amount of the security deposit not returned to the tenant's last-known mailing address.
Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov
Cited in 5 court opinionsMost recently applied by a court: 2026
Leading cases: Hilliard v. Robertson (Nebraska Supreme Court 1997, 253 Neb. 232) · Pepitone v. Winn (Nebraska Supreme Court 2006, 272 Neb. 443) · Lomack v. Kohl-Watts (Nebraska Court of Appeals 2004, 13 Neb. Ct. App. 14)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nebraska Revised Statutes, Chapter 86: TELECOMMUNICATIONS AND TECHNOLOGY
§ 86-290Unlawful acts; penaltyIn forcecited in 17 of our articles
(1) Except as otherwise specifically provided in sections 86-271 to 86-295, it is unlawful to: (a) Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any wire, electronic, or oral communication; (b) Intentionally use, endeavor to use, or procure any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication or (ii) such device transmits communications by radio or interferes with the transmission of such communication; (c) Intentionally disclose or endeavor to disclose to any other person the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this subsection; (d) Intentionally use or endeavor to use the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire,…
Official text (excerpt) · as of 2026-07-29 · Read the full section at nebraskalegislature.gov
Cited in 3 court opinionsMost recently applied by a court: 2022
Leading cases: Hays v. Hays (Nebraska Court of Appeals 2022) · Ades v. Omni Hotels Management Corp. (District Court, C.D. California 2014, 46 F. Supp. 3d 999) · Lewton Ex Rel. Lewton v. Divingnzzo (District Court, D. Nebraska 2011, 772 F. Supp. 2d 1046)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Recording Laws (2026): One-Party Consent Rules, Nebraska Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Nebraska Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026)
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Sources and References
- Neb. Rev. Stat. section 86-290 - Interception of Communications(nebraskalegislature.gov).gov
- Neb. Rev. Stat. section 76-1416 - Security Deposits(nebraskalegislature.gov).gov
- Neb. Rev. Stat. section 76-1423 - Access (24-hour written entry notice requirement)(nebraskalegislature.gov).gov
- Nebraska Equal Opportunity Commission(neoc.nebraska.gov).gov