Landlord Tenant – Lease Termination – Nebraska

§76-1429  Fire or casualty damage.

(1)  If  the  dwelling unit or premises are damaged or destroyed by  fire  or  casualty  to  an  extent  that enjoyment  of  the  dwelling  unit is substantially impaired, the tenant may:

(a) Immediately vacate the premises and notify the landlord  in writing within fourteen days  thereafter of his intention to terminate the rental agreement, in  which case  the rental agreement terminates as of the date of vacating; or
(b)  If  continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in  which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

(2)  If the rental agreement is terminated the landlord shall return all prepaid rent and security recoverable under section 76-1416.  Accounting for rent in the event of termination or apportionment is to occur as of the date of the casualty.  Notwithstanding the provisions of this section, the  tenant is responsible for damage caused by his negligence.