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Renting a home that was foreclosed in Nebraska: your rights
If you rent in Nebraska and your landlord's home was foreclosed, the federal Protecting Tenants at Foreclosure Act is your main protection: at least 90 days' written notice to vacate, and a bona fide lease can usually run to its end. We did not find a Nebraska statute that gives renters added time or a special notice after a foreclosure. Nebraska's landlord tenant law does make whoever owns the home when your tenancy ends responsible for returning your security deposit.
Reviewed against Nebraska law and official sources on October 12, 2026. General information, not legal advice.
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Your rights as a renter in Nebraska, in order
The federal floor: 90 days and your lease
At least 90 days after written noticeThe new owner after foreclosure must give a bona fide tenant written notice to vacate at least 90 days before the move-out date. A lease signed before the foreclosure can run to its end unless the buyer will live in the home, and that buyer still owes 90 days. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).
Pub. L. 111-22 § 702, note under 12 U.S.C. § 5220
Who counts as a bona fide tenant
Checked on the date title passesYou qualify if you are not the former owner or the owner's child, spouse or parent, the lease was an arm's length deal, and the rent is not far below market unless a subsidy lowers it. For federal law, the foreclosure date is when full title passes to the new owner.
Pub. L. 111-22 § 702(b), (c)
Section 8 voucher holders
For the rest of your leaseThe new owner takes the home subject to your lease and the housing assistance contract with the housing agency. Wanting to sell the home empty is not good cause to end your tenancy.
42 U.S.C. § 1437f(o)(7)(C), (F)
Keep paying and get the new owner's details in writing
Every rent due dateWe did not find a Nebraska statute that says who a renter pays after a foreclosure. Ask the new owner in writing for its name, address and where to pay, check that it owns the home, and keep proof of every payment.
Your security deposit follows the owner
Within 14 days after the tenancy endsWhoever holds the landlord's interest when your tenancy ends must return the balance of your deposit with a written list of deductions within 14 days. If that owner willfully fails to, you can recover the deposit, court costs and lawyer fees, plus up to the lesser of one month's rent or twice the deposit.
Neb. Rev. Stat. § 76-1416(2), (3), (5)
Removal only through court
After the notice period endsIf you stay past the notice date, the new owner must go to court before you can be removed. Go to every hearing on your summons, and bring your lease, rent receipts and any notice you received. Call legal aid as soon as you get court papers.
Common questions in Nebraska
Does Nebraska give renters more time than federal law after a foreclosure?
We did not find a Nebraska statute that adds time for renters after a foreclosure, so the federal 90-day notice and lease rules are the floor here. Read your lease too, since it may say something about a sale or foreclosure. Call legal aid if a notice gives you less than 90 days.
Who returns my security deposit after my Nebraska landlord's foreclosure?
Nebraska law says the holder of the landlord's interest when your tenancy ends is bound by the deposit rules. That usually means the new owner if you are still renting when the tenancy ends. Ask the new owner in writing whether it received your deposit, and keep your lease and receipts.
I rent from my parent and their Nebraska home was foreclosed. Am I protected?
Probably not under the federal law, because a tenant who is the former owner's child, spouse or parent is not a bona fide tenant. The new owner still has to use the court process to remove you. Ask legal aid how much time you have.
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Also in Nebraska
Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens Renters after foreclosure (this page)Letters you may getFree, official, nationwide
Free help anywhere in the country
HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.
Sources for this page
- Neb. Rev. Stat. § 52-2001, Homeowners' association lien
- Neb. Rev. Stat. § 76-874, Condominium lien for assessments
- Neb. Rev. Stat. § 76-826, Nebraska Condominium Act applicability
- Neb. Rev. Stat. § 76-860, Unit owners association powers
- Neb. Rev. Stat. § 76-1416, Security deposits; prepaid rent
- Nebraska Legislature, LB1251 (2026), HOA and condo liens, indefinitely postponed
- Protecting Tenants at Foreclosure Act, note under 12 U.S.C. § 5220 (govinfo)
- 42 U.S.C. § 1437f, Section 8 voucher leases after foreclosure (govinfo)
- Neb. Rev. Stat. § 76-1005: Power of sale conferred on trustee
- Neb. Rev. Stat. § 76-1006: Notice of default
- Neb. Rev. Stat. § 76-1007: Notice of sale; time and place of sale
- Neb. Rev. Stat. § 76-1008: Mailing of notices of default and sale
- Neb. Rev. Stat. § 76-1009: Public auction; postponement
- Neb. Rev. Stat. § 76-1010: Trustee's deed; no right of redemption
- Neb. Rev. Stat. § 76-1011: Proceeds of sale; disposition
- Neb. Rev. Stat. § 76-1011.01: Disputes over sale proceeds
- Neb. Rev. Stat. § 76-1012: Default; reinstatement
- Neb. Rev. Stat. § 76-1013: Deficiency action after trustee's sale
- Neb. Rev. Stat. § 76-1015: Trustee's sale; limitation of action
- Neb. Rev. Stat. § 25-1506: Stay of order of sale of mortgaged premises
- Neb. Rev. Stat. § 25-1529: Sale of land; notice and publication
- Neb. Rev. Stat. § 25-1530: Redemption before confirmation
- Neb. Rev. Stat. § 25-1531: Confirmation of sale
- Neb. Rev. Stat. § 25-2137: Complaint for foreclosure; where filed
- Neb. Rev. Stat. § 25-2140: Decree; effect on right to recover the debt
- Neb. Rev. Stat. § 25-2144: Sale by sheriff; postponement
- Neb. Rev. Stat. § 25-2146: Sale proceeds; surplus
- Neb. Rev. Stat. § 25-2147: Surplus; disposition
- Neb. Rev. Stat. § 25-2148: Payment of sums due before decree
- Neb. Rev. Stat. § 25-2149: Payment of sums due after decree; stay
- Neb. Rev. Stat. § 25-21,220: Forcible entry and detainer; against whom
- Neb. Rev. Stat. § 25-21,221: Notice to leave premises
- Neb. Rev. Stat. § 76-2708: Foreclosure consultant, defined
- Neb. Rev. Stat. § 76-2713: Foreclosure consulting contract; form and notice
- Neb. Rev. Stat. § 76-2714: Right to cancel foreclosure consulting contract
- Neb. Rev. Stat. § 76-2716: Foreclosure consultant; prohibited acts
- Neb. Rev. Stat. § 76-2721: Right to cancel equity purchase contract
- Neb. Rev. Stat. § 76-2723: Option to repurchase; conditions
- Neb. Rev. Stat. § 76-2728: Foreclosure Protection Act; penalty
- Neb. Rev. Stat. § 2-4807: Farm mediation; creditor notice
- Neb. Rev. Stat. § 2-4808: Farm mediation; request; participation voluntary
- Neb. Rev. Stat. § 77-3505: Homestead exemption; qualified claimant
- Neb. Rev. Stat. § 77-3512: Homestead exemption; when to apply
- Neb. Ct. R. Pldg. § 6-1112: Defenses and objections; time to answer (effective January 1, 2025)
- NIFA: Nebraska Homeowner Assistance Fund closed, helped over 3,000 Nebraskans (July 1, 2024)
- U.S. Treasury: Homeowner Assistance Fund
- Legal Aid of Nebraska: Housing
- Legal Aid of Nebraska: Housing Resources
- Legal Aid of Nebraska: Call for Help
- Nebraska Attorney General: File a Consumer Complaint
- Nebraska Department of Banking and Finance: Complaints
- Nebraska Judicial Branch: Legal Resources and Information
- Nebraska State Bar Association: Nebraska Find-a-Lawyer
- Nebraska Department of Revenue: Nebraska Homestead Exemption