Nebraska
Nebraska Landlord-Tenant Recording Laws: Cameras, Audio, and Privacy Rights (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 5 primary sources cited on this page. How we verify our legal content
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. A landlord who hides a camera or audio device inside a tenant's unit takes a serious legal risk: no Nebraska statute bans every in-unit camera, but the landlord may enter only as Neb. Rev. Stat. 76-1423 allows, capturing conversations can be a wiretap felony, and hidden video can lead to a criminal intrusion charge or an invasion-of-privacy lawsuit.
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 High legal risk: Inside an occupied rental unit, bathrooms, other private areas
A hidden device inside a rental unit that captures tenants' conversations could violate the wiretapping law (Class IV felony: up to 2 years, a $10,000 fine, or both). A video-only camera does not intercept a communication, but a camera that views or records a tenant in a state of undress in a place of solitude or seclusion, such as a bathroom, or records a tenant's intimate area without their knowledge and consent where it would not be generally visible to the public, can violate the unlawful intrusion statute, Neb. Rev. Stat. section 28-311.08.
No Nebraska statute flatly bans a landlord's camera inside a unit, but two other rules apply. A landlord may enter only for purposes the landlord-tenant act allows, generally after at least 24 hours' written notice, or in an emergency, by court order, or after the tenant abandons the unit (Neb. Rev. Stat. 76-1423). And a hidden camera inside your home can support an invasion-of-privacy lawsuit for a highly offensive intrusion on your solitude (Neb. Rev. Stat. 20-203), which must be filed within one year (Neb. Rev. Stat. 20-211).
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 legally under one-party consent can be used as evidence in Nebraska courts for eviction proceedings, security deposit disputes, habitability complaints, and discrimination claims, if they are authenticated and meet the ordinary rules of evidence. The Nebraska Equal Opportunity Commission handles housing discrimination complaints.
Penalties
| Violation | Statute | Penalty |
|---|---|---|
| Intercepting a conversation without any party's consent | Neb. Rev. Stat. 86-290 | Class IV felony: up to 2 years, a $10,000 fine, or both |
| 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
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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?
Not without serious legal risk. No Nebraska statute bans every in-unit camera, but a landlord may enter your unit only as Neb. Rev. Stat. 76-1423 allows. A device that records your conversations could violate the wiretapping law, and a camera that captures you in a state of undress could violate the unlawful intrusion statute (Neb. Rev. Stat. section 28-311.08), and a hidden camera can support an invasion-of-privacy lawsuit under Neb. Rev. Stat. 20-203, which must be filed within one year.
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
Added the impracticable-notice exception to the landlord entry rule and clarified that the wiretapping felony carries prison, a fine, or both.
Replaced a flat statement that landlords cannot put cameras in a unit with the rules that actually apply (entry limits, the wiretap and intrusion crimes, and the one-year invasion-of-privacy lawsuit), and clarified that tenant cameras in common areas and the use of recordings as evidence depend on the lease and the rules of evidence.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Clarified that Nebraska's wiretapping felony applies to hidden devices that capture conversations, while hidden cameras are governed by the unlawful intrusion statute (Neb. Rev. Stat. 28-311.08), and stated that statute's elements.
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 the cited primary sources; governing law re-checked for recent changes
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 the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 86: TELECOMMUNICATIONS AND TECHNOLOGY
§ 86-290Unlawful acts; penaltyIn forcecited in 18 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) · last checked 2026-09-24 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Hays v. Hays (Nebraska Court of Appeals 2022)“…to her. We address these arguments, in turn. Under Neb. Rev. Stat. § 86-290(2)(c) (Reissue 2016), “it is not unlawf…”
- Ades v. Omni Hotels Management Corp. (District Court, C.D. California 2014, 46 F. Supp. 3d 999)“…f the carrier or provider of such communication services.”' Neb.Rev.Stat. § 86-290(2)(a). Based on this provision, Omni co…”
- Lewton Ex Rel. Lewton v. Divingnzzo (District Court, D. Nebraska 2011, 772 F. Supp. 2d 1046)“…7) to exclude the recordings as illegally intercepted under Neb.Rev.Stat. § 86-290(a) (see Doc. 137-16 at p.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Smart Glasses Recording Laws 2026, Nebraska Recording Laws (2026): One-Party Consent Rules, Nebraska Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
Nebraska Revised Statutes, Chapter 28: CRIMES AND PUNISHMENTS
§ 28-311.08Unlawful intrusion; photograph, film, or record image or video of intimate area; distribute or make public; penalty; court; duties; registration under Sex Offender Registration Act; statute of limitationsIn forcecited in 18 of our articles
(1) It shall be unlawful for any person to knowingly intrude upon any other person without his or her consent in a place of solitude or seclusion. Violation of this subsection is a Class I misdemeanor. A second or subsequent violation of this subsection is a Class IV felony. (2) It shall be unlawful for any person to knowingly and intentionally photograph, film, or otherwise record an image or video of the intimate area of any other person without his or her knowledge and consent when his or her intimate area would not be generally visible to the public regardless of whether such other person is located in a public or private place. Violation of this subsection is a Class IV felony. (3) It shall be unlawful for any person to knowingly and intentionally distribute or otherwise make public an image or video of another person recorded in violation of subsection (2) of this section without that person's consent. A first or second violation of this subsection is a Class IIA felony. A third or subsequent violation of this subsection is a Class II felony.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. McGovern (Nebraska Supreme Court 2022, 311 Neb. 705)“…62 See Riley v. California, supra note 5. 63 See Neb. Rev. Stat. § 28-311.08 (Reissue 2016 & Cum. Supp. 2020).…”
- State v. Zitterkopf (Nebraska Supreme Court 2024, 317 Neb. 312)“…unlawful distribution of an intimate image in violation of Neb. Rev. Stat. § 28-311.08(3) (Cum. Supp. 2022). Zitterkopf claims…”
- In Re Interest of Dustin S. (Nebraska Supreme Court 2008, 276 Neb. 635)“…le undressing would constitute a Class II misdemeanor under Neb. Rev.Stat. § 28-311.08 (Cum.Supp.2006). Therefore, Dustin is a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026), Nebraska Public Recording Laws: Filming in Public Spaces and Government Meetings (2026), Nebraska Security Camera Laws: Rules for Homes, Businesses, and HOAs (2026)
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) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mason v. Schumacher (Nebraska Supreme Court 1989, 231 Neb. 929)“…ska’s Uniform Residential Landlord and Tenant Act (URLTA), Neb. Rev. Stat. §§ 76-1401 et seq. (Reissue 1986). Schumachers cr…”
- NP Dodge Mgmt. Co. v. Holcomb (Nebraska Supreme Court 2023, 314 Neb. 748)“…iform Residential Landlord and Tenant Act (the NURLTA). See Neb. Rev. Stat. § 76-1401 et seq. (Reissue 2018). Holcomb request…”
- Johnson v. Vosberg (Nebraska Supreme Court 2024, 316 Neb. 658)“…o-month basis when Johnson served a 30-day notice 1 See Neb. Rev. Stat. §§ 76-1401 to 76-1449 (Reissue 2018 & Cum. Supp.…”
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 forcecited in 2 of our articles
(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) · last checked 2026-09-06 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hilliard v. Robertson (Nebraska Supreme Court 1997, 253 Neb. 232)“…ng the return of the security deposit. We disagree. Neb. Rev. Stat. § 76-1416 (2) (Reissue 1996) states: Upon…”
- Pepitone v. Winn (Nebraska Supreme Court 2006, 272 Neb. 443)“…her and reasonable attorney’s fees.” (Emphasis supplied.) Neb. Rev. Stat. § 76-1416 (3) (Reissue 2003). In holding the fees…”
- Lomack v. Kohl-Watts (Nebraska Court of Appeals 2004, 13 Neb. Ct. App. 14)“…request for attorney fees in an action brought pursuant to Neb. Rev. Stat. § 76-1416 (Reissue 2003) against Lomack’s landlo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
§ 76-1423AccessIn forcecited in 3 of our articles
(1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. (2) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. (3) The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall: (a) Give the tenant at least twenty-four hours' written notice of the landlord's intent to enter. Such notice shall be provided to each individual unit and include the intended purpose for entry and a reasonable period during which the landlord anticipates making entry; and (b) Enter only at reasonable times. (4) The landlord has no other right of access except by court order, as permitted by subsection (2) of section 76-1432, or if the tenant has abandoned or surrendered the premises.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Nebraska Ring Doorbell Laws: What You Need to Know in 2026
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
- Neb. Rev. Stat. 28-311.08, Unlawful intrusion; photograph, film, or record image or video of intimate area(nebraskalegislature.gov).gov