Wyoming Landlord Tenant Law
The following concerns Wyoming Landlord Tenant Laws and includes their official state statutes. This is not an exhaustive list of all relevant laws and regulations, and it is not intended to be legal advice. Laws are subject to change, and will often vary from within the state from municipality to municipality.
We recommend that you perform your own independent research to ensure that you are in compliance with any and all Wyoming landlord tenant laws and regulations applicable to your current situation.
Wyoming Landlord Tenant Laws:
- Required Notice of Nonrefundable Deposit: A lease agreement must state whether any portion of a security deposit is nonrefundable. Furthermore, the landlord must also provide written notice of this fact to the tenant at the time the security deposit is collected by the landlord or the landlord’s designated agent. Wyo. Stat. § 1-21-1207.
- Deductions from Security Deposit: Upon the termination of the lease agreement, any security deposit being held by the landlord may be applied by the landlord to (1) the payment of overdue rent (2) damages to to the rental property by the tenant that are beyond reasonable wear and tear (3) any costs incurred to clean the rental property (4) and for any other costs provided for in the lease agreement. Wyo. Stat. § 1-21-1208.
- Return of Security Deposit: A landlord is required to return the remaining balance (without interest) of the security deposit within 30 days of the termination of the lease or eviction, or within 15 days of the tenant notifying the landlord of the tenant’s new address, whichever is longer. Wyo. Stat. § 1-21-1208.
Lease, Rent & Fees:
- Lease Provisions: No state statute. However, it is generally accepted that leases must use words with common and everyday meanings and must be clear and coherent.
- Late Fees: No state statute. We note, however, that rent is legally due on the date which is specified in your lease agreement. In the event the tenant fails to timely pay the rent, the landlord is permitted to charge late fees. There is a caveat, in that the landlord may not impose a late fee if the lease agreement does not contain a clause concerning late fees.
- Increase in Rent: No state statute. We recommend, however, that a landlord give a tenant at least 30 day’s written notice to increase the rental amount or change any other terms in a month to month lease agreement. And for long term leases, we recommend that the landlord not increase the rental amount until the lease agreement has terminated.
- Retaliation or Discrimination: In the United States, a landlord is not permitted to increase rent in a discriminatory manner, i.e. race, gender, religion, etc. Landlords are also not permitted to increase rent in retaliation against a tenant if a tenant has exercised a legal right, such as filing a legitimate complaint to a local housing authority concerning their tenancy.
- Termination for Non-payment of Rent: A landlord may file for eviction when a tenant’s rent is three days or more late and the tenant has been given at least three days’ notice. A landlord is also permitted to terminate the rental agreement with an Unconditional Quit notice. Wyo. Stat. §§ 1-21-1002 to 1-21-1003.
Landlord’s Required Notices:
- Required Disclosures: The lease agreement must state whether any portion of the security deposit is nonrefundable. Landlord must also provide written notice of this information to the tenant at the time that the landlord collects the security deposit from the tenant. Wyo. Stat. §§ 1-21-1207 and 1-21-1208.
- Additional Disclosures: We recommend that you review your local municipality’s rules and regulations concerning required notices, especially if your rental property is covered by rent control.
Warrant of Habitability and Withholding of Rent:
- Basic Rights: All tenants in Wyoming are legally entitled to a unit that meets basic health, structural, and safety standards, and that is in good repair.
- Landlord’s Responsibilities: A landlord must keep the rental unit in reasonable repair and fit for human habitation, including the maintenance of all electrical, plumbing and heating systems. A warranty of habitability cannot be waived or modified by the parties to the lease agreement. Wyo. Stat. §§ 1-21-1202.
- Withholding of Rent: Under Wyoming law, a tenant is not permitted to withhold rent from their landlord in order to compel the landlord to make repairs to the rental unit. Wyoming law requires that all tenants be current on their rent in order to require the landlord to make necessary repairs. If a tenant does withhold rent, there is a possibility that the landlord will evict the tenant, which is well within in the landlord’s legal rights. Wyo. Stat. §§ 1-21-1203.
- Tenant’s Remedies: In the event that the tenant requires the landlord to make a necessary repair to the rental unit, the tenant must give the landlord written notice of the problem and allow the landlord reasonable time to remedy the problem. Wyo. Stat. § 1-21-1203.
- Additional Remedies: If the landlord fails to make the necessary repairs, the tenant should send a second written notice to the landlord stating that if the landlord fails once again to fix the problem, the tenant will file a lawsuit in court and/or terminate the lease. Wyo. Stat. § 1-21-1203.
- Landlord’s Obligations: In response, the landlord must repair the problem in a reasonable period of time or send a certified letter to the tenant stating that they are disputing the claim. Wyo. Stat. § 1-21-1203.
* In addition to the Wyoming state laws and regulations, we recommend that you contact your local municipality to discuss any and all local housing rules and regulations concerning tenant’s rights when it comes to repairs. Termination, Eviction and Other Rules:
- Unconditional Quit Notice: These orders require a tenant to move out within a shorter period of time that is allotted in the lease agreement. In Wyoming, a landlord can utilize an unconditional termination notice for any of the following: (1) failure to pay rent (2) tenant holdover (3) damages to rental unit (4) interference with another’s enjoyment (5) denying access to the landlord or (6) violating other duties defined by statute (such as disposing of garbage, complying with lease agreement terms and maintaining rental unit.) Wyo. Stat. §§ 1-21-1202 and 1-21-1203.
- Eviction: A landlord can terminate with an unconditional quit notice if the tenant violates a material term of the lease agreement. In order to evict, a landlord must give the tenant three days’ advance warning of the landlord’s intention to start eviction proceedings. If the tenant fails to resolve the problem or voluntarily vacate the rental property, the landlord’s next step is to serve a Summons and Complaint. Wyo. Stat. §§ 1-21-1202 and 1-21-1203.
- Victims of Domestic Violence: In Wyoming, the following rules apply to issues of domestic violence: (1) a landlord is entitled to proof of a tenant’s domestic violence status (2) a landlord cannot early terminate the lease of a victim of domestic violence(3) domestic violence victims have a right of early termination (4) a lease agreement is not permitted to include a waiver of some or all domestic violence victim’s rights and (5) domestic violence is an affirmative defense to an eviction lawsuit.
Court Related and Helpful Links:
- Wyoming Small Claims Court
- Wyoming State Courts
- Wyoming Supreme Court
- Wyoming Office of the Attorney General
- State Bar of Wyoming
- State Bar of Wyoming– Attorney Referral Service
- Legal Aid of Wyoming – Landlord Tenant Laws
Wyoming Tenant Screening
- Overview: All information obtained by a landlord through the tenant screening process cannot be used to alter a current lease agreement, unless the tenant has breached the lease agreement. Wyoming Statutes §§ 1-21-1201 through 1-21-1211
Wyoming Landlord Forms
All states require a variety of forms to rent an apartment to a tenant and Wyoming is no exception. Check out American Apartment Owners Association’s Wyoming Landlord Forms now.
Nationwide Landlord Tenant Laws
Looking for landlord tenant laws outside of Wyoming? The American Apartment Owners Association offers helpful landlord tenant laws for all 50 states. Click on any of the states listed below and go directly to its landlord tenant law page. To visit the homepage of landlord tenant laws, click here.
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