In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.
The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.
In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.
In Nebraska, the Nebraska Residential Landlord and Tenant Act generally outlines the responsibilities of landlords and tenants regarding maintenance and repairs of leased premises. Landlords are required to maintain the premises in a condition fit for habitation, which includes complying with building and housing codes affecting health and safety, making all repairs to keep the premises in a habitable condition, and keeping common areas safe and clean. Tenants are responsible for any damage caused by their negligence or intentional acts, as well as the actions of their guests. The lease agreement should specify the responsibilities for maintenance and repairs, and typically restricts tenants from making repairs without the landlord's written permission. However, tenants may have the right to make emergency repairs to prevent damage or harm, and in some cases, landlords may permit tenants to perform maintenance and repairs if they trust the tenant's abilities. It's important for both landlords and tenants to review their lease agreements and understand their respective obligations under Nebraska law.