This article shall be known and may be cited as the Wyoming Residential Rental Property Act.
A landlord shall: (i) Maintain the residential rental unit in a safe and sanitary condition; (ii) Maintain in good and safe working order all electrical, plumbing, heating, and ventilating facilities; (iii) Provide running water, hot water, and reasonable heat; (iv) Keep all common areas of the premises clean and safe; (v) Maintain all appliances and facilities supplied by the landlord in good working condition. The warranty of habitability imposed by this section cannot be waived or modified by the parties.
If there is a condition in a residential rental unit that requires repair or correction by the landlord under this act or under the rental agreement, the tenant may notify the landlord in writing of the condition and of the action requested by the tenant. The notice shall be sent by certified mail or served by the sheriff or a process server. Upon receipt, the landlord may: (i) Correct the condition within a reasonable time; (ii) Notify the tenant in writing that the landlord disputes the claim; or (iii) Terminate the rental agreement if the cost of repair is unreasonable in relation to the rent charged, the nature of the property, or the rental agreement, provided the landlord gives the tenant 10 to 20 days to obtain substitute housing and refunds all prepaid rent.
A tenant shall: (i) Maintain the residential rental unit in a clean and safe condition; (ii) Dispose of all garbage and waste in a clean and safe manner; (iii) Maintain all plumbing fixtures in a sanitary condition; (iv) Use all electrical, plumbing, sanitary, heating, and other facilities in a reasonable manner; (v) Occupy the dwelling unit only for its intended residential purpose and not increase occupancy beyond the number specified in the rental agreement without written permission; (vi) Be current on all payments required by the rental agreement; (vii) Comply with all lawful provisions of the rental agreement; (viii) Remove all property and garbage prior to termination of the rental agreement and restore the unit to the condition existing at the commencement of the rental agreement.
A tenant shall not: (i) Intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or permit any other person to do so; (ii) Interfere with another person's peaceful enjoyment of the residential property; (iii) Unreasonably deny access, refuse entry, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs, inspecting the unit, or showing the unit for rent or sale. A landlord, agent, or property manager may enter the unit for maintenance, inspections, or showings. Wyoming does not require advance statutory notice before entry, but entry should occur at reasonable times. In emergencies the landlord may enter at any time without notice.
If the landlord fails to respond to the tenant's first written notice within a reasonable time, the tenant may serve a notice to repair or correct condition on the landlord. The notice must be sent by certified mail or served by the sheriff or a process server, and must: (i) Recite the previous notice sent under section 1-21-1203(b); (ii) State the number of days elapsed since the first notice and that such period constitutes a reasonable time; (iii) State all conditions included in the previous notice that have not been corrected; (iv) Demand correction of all uncorrected conditions; and (v) State that if the owner fails to commence reasonable corrective action within three days, the tenant will seek redress in the courts. If the landlord fails to correct or disputes the claim, the tenant may sue in circuit court for damages, termination of the lease, or other affirmative relief.
A landlord may require a security deposit from a tenant. There is no statutory maximum on the amount of a security deposit in Wyoming. A landlord is not required to hold a security deposit in a separate bank account or to pay interest on the deposit. If any portion of a deposit or any separate fee is nonrefundable, the rental agreement must state which portion is nonrefundable. The landlord or the landlord's designated agent must also provide written notice of any nonrefundable fee to the tenant at the time the deposit is collected.
Upon termination of the rental agreement, a landlord may apply the security deposit to: (i) Payment of unpaid rent; (ii) Damages to the unit beyond normal wear and tear; (iii) Costs to clean the unit to the condition existing at commencement of the rental agreement; (iv) Any other costs provided for in the rental agreement. Return deadlines: (a) If no deductions are made and the tenant provided a forwarding address within 30 days of termination, the landlord shall return the deposit within 30 days of termination. (b) If the tenant did not provide a forwarding address within 30 days, the landlord has 15 days after receiving the forwarding address to return the deposit. (c) If deductions are made for damage beyond normal wear and tear, the landlord has 60 days to provide the tenant with an itemized written statement of deductions and return any remaining balance. (d) A utility deposit must be returned within 10 days after the tenant shows all utility charges have been paid. If the landlord fails to comply, the tenant may recover the full amount wrongfully withheld plus court costs.
Both oral and written rental agreements are recognized as legally binding in Wyoming. A written rental agreement is not valid without signatures from both parties. Wyoming law does not prescribe specific mandatory clauses, but the rental agreement must: (i) State whether any portion of a security deposit is nonrefundable; (ii) For properties built before 1978, include a lead-based paint disclosure and EPA pamphlet as required by federal law; (iii) If utilities are shared among units, detail how costs are calculated and divided. When no definite term is agreed upon, the tenancy period is determined by the rent payment interval.
A rental agreement may not include provisions that: (i) Waive or limit the landlord's obligations under the implied warranty of habitability as required by section 1-21-1202; (ii) Authorize a landlord to engage in self-help eviction, including changing locks, removing doors, or shutting off essential utilities without a court order; (iii) Require a tenant to waive the right to proper notice in eviction proceedings as required by section 1-21-1003. A prohibited provision in a rental agreement is unenforceable.
Either party may terminate a month-to-month tenancy. Although Wyoming does not impose a mandatory statutory notice period for month-to-month termination, written notice of at least 30 days before the next rent due date is recognized as standard practice and is recommended. A fixed-term lease expires at the end of its stated term without notice, unless renewed. A landlord may not raise rent during the term of a fixed-term lease unless the lease expressly permits mid-term increases.
A landlord may file a forcible entry and detainer (FED) action against a tenant in circuit court for: (i) Non-payment of rent when rent is three or more days past due; (ii) Violation of any tenant duty under sections 1-21-1204 or 1-21-1205; (iii) Any other material violation of the rental agreement; (iv) Tenant holdover after expiration or termination of the rental agreement without landlord consent; (v) Damage to the rental unit beyond normal wear and tear; (vi) Interference with another tenant's peaceful enjoyment of the property; (vii) Denial of the landlord's lawful right of entry. A landlord may not recover possession by any means other than a court order. Self-help eviction, including changing locks or removing tenant property, is prohibited without a writ of restitution.
Before filing an FED complaint, the landlord must serve the tenant with a written Notice to Quit. The notice must be provided at least three days before the landlord files the complaint with the court. The Notice to Quit must be in writing and either given to the tenant personally, left at the tenant's usual place of abode or business if the tenant cannot be found, or posted on the front door of the rental unit. The Notice to Quit may but is not required to offer the tenant an opportunity to cure the violation. If a cure option is offered and the tenant remedies the breach within the stated period, the landlord may not proceed with eviction on that issue.
After expiration of the Notice to Quit, the landlord may file an FED complaint in circuit court. Eviction cases are heard in circuit court, not in small claims court. After the complaint is filed, the tenant must be served with the FED summons between three and twelve days before the court date. The tenant may file a written Answer to contest the eviction. If the court rules in favor of the landlord, it shall enter judgment for restitution of the premises and may award unpaid rent, damages, and costs. The court will issue a Writ of Restitution, which authorizes the sheriff to physically remove the tenant. Only the sheriff may physically remove the tenant from the property. The landlord may not change locks or remove tenant belongings without the Writ. The Writ generally gives the tenant zero to thirty days to vacate, most commonly two days in practice.
A tenant who is a victim of domestic abuse or sexual violence may terminate a rental agreement without liability for remaining rent by providing the landlord with: (i) A written notice of intent to vacate stating that the reason for vacating is a threat of domestic abuse or sexual violence against the tenant or a member of the tenant's household; and (ii) Supporting documentation, which may include medical records, court records, or a police or departmental report. The written notice must be given to the landlord at least seven days before the tenant vacates the premises. The tenant shall not be liable for rent accruing after the date the tenant vacates the premises pursuant to this act. This act does not protect the tenant from eviction or other landlord action if the tenant stops paying rent before giving the required written notice.
Upon receiving a valid written notice and documentation under section 1-21-1301, the landlord shall release the tenant from all future rent obligations. If all tenants on the lease are victims of domestic abuse or sexual violence and all vacate the premises pursuant to this act, the landlord shall process the security deposit in accordance with section 1-21-1208. The security deposit may not be withheld solely on the basis of early termination under the Safe Homes Act, but may be applied to actual damages. A landlord acting in good faith pursuant to this act is not liable to any person for actions taken in accordance with a valid notice. A landlord may not retaliate against a tenant for exercising rights under this act.
A landlord or any other party accepting a check as payment may charge a fee for a check returned for insufficient funds or a closed account. The fee for a returned check shall not exceed thirty dollars ($30.00) per returned check.
A landlord does not automatically obtain a lien on a tenant's personal property remaining after eviction or termination of the rental agreement. The landlord may not retain the tenant's personal property as payment for unpaid rent unless the rental agreement contains a specific provision permitting this. Following termination of the tenancy, the landlord may: (i) Dispose of trash or property of no apparent value left in the unit; (ii) Dispose of valuable property only after notifying the tenant in writing of the landlord's intent to dispose and the tenant fails to respond within a reasonable time; (iii) Charge the tenant for reasonable storage costs and the cost of removing personal property to a storage facility. The tenant must pay these fees before reclaiming stored property.
As used in this article: (i) 'Discriminatory housing practice' means any act that is unlawful under this article; (ii) 'Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families; (iii) 'Familial status' means one or more individuals who have not attained the age of 18 years being domiciled with a parent, a legal custodian, or the designee of a parent or custodian. Familial status also applies to any person who is pregnant or is in the process of securing legal custody of any individual under 18.
It is a discriminatory practice for a landlord or any agent acting on behalf of a landlord to refuse to rent, to refuse to negotiate for the rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, national origin, religion, sex, familial status, or disability. It is also a discriminatory practice to discriminate in the terms, conditions, or privileges of the rental of a dwelling or in the provision of services or facilities because of any of the foregoing protected characteristics. A landlord may not make, print, or publish any statement, advertisement, or notice that indicates a preference or limitation based on any protected characteristic.
Any person aggrieved by a discriminatory housing practice may file a complaint with the Wyoming Department of Workforce Services or bring a civil action in the appropriate court. Remedies available include: (i) Injunctive and other equitable relief; (ii) Actual damages, including damages for humiliation and embarrassment; (iii) Punitive damages; and (iv) Reasonable attorney's fees and costs. Nothing in this article limits the rights and remedies available under federal fair housing law.
Small claims court in Wyoming has jurisdiction over civil claims not exceeding six thousand dollars ($6,000.00) plus court costs. Security deposit disputes and other landlord-tenant monetary claims within this limit may be brought in small claims court. Eviction actions (forcible entry and detainer) are not heard in small claims court and must be filed in circuit court regardless of the dollar amount in controversy.
Wyoming has no statutory maximum on the amount a landlord may charge for rent. There is no statewide rent control law. A landlord may charge market-rate rent and may raise rent by any amount. During the term of a fixed-term lease, rent may not be raised unless the lease expressly permits mid-term increases. For month-to-month tenancies, there is no statutory requirement to provide advance notice of a rent increase, though 30 days' written notice is recognized as standard practice.
Rent is due on the date specified in the rental agreement. Wyoming does not require landlords to provide tenants with a grace period for the payment of rent, although the parties may agree to one in the rental agreement. A landlord may charge late fees for overdue rent. Wyoming imposes no statutory cap on late fee amounts. Courts generally view a late fee as reasonable if it does not exceed 4 to 5 percent of the monthly rent and has a stated upper limit. The late fee amount and trigger date must be clearly stated in the rental agreement to be enforceable.
Under Wyoming law, a tenant is not permitted to withhold rent from the landlord in order to compel the landlord to make repairs or to remedy any other breach of the rental agreement or of the landlord's statutory duties. Wyoming law requires that all tenants be current on their rent payments as a condition of exercising the right to demand repairs under sections 1-21-1203 and 1-21-1206. If a tenant withholds rent, the landlord is legally permitted to initiate eviction proceedings by serving a Notice to Quit under section 1-21-1002.
For all residential rental properties constructed before January 1, 1978, a landlord must comply with the federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d). The landlord must: (i) Disclose to the tenant, in writing, the presence of any known lead-based paint or lead-based paint hazards in the dwelling; (ii) Provide the tenant with any records or reports available to the landlord pertaining to lead-based paint hazards; and (iii) Provide the tenant with the EPA-approved informational pamphlet titled 'Protect Your Family from Lead in Your Home' as an attachment to the written rental agreement. Failure to comply with federal lead paint disclosure requirements may result in federal civil and criminal penalties.
Unless otherwise agreed, a landlord who conveys the rental premises in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this act as to events occurring after the tenant receives written notice of the conveyance. The landlord remains liable for any security deposit or prepaid rent owed to the tenant at the time of conveyance until the obligation is transferred to the successor owner in writing and the tenant is notified of the transfer.
Wyoming does not have specific statutes governing tenant subletting or assignment of a lease. A tenant wishing to sublet must obtain the landlord's written permission before subletting. Landlords may prohibit subletting within the lease agreement. If subletting is permitted by the landlord, the original tenant remains responsible to the landlord for all obligations under the original lease, including payment of rent and responsibility for damages caused by the subtenant. A landlord who permits subletting is not required to enter into a separate rental agreement with the subtenant.
If a tenant remains in possession of the rental unit after the expiration or termination of the rental agreement without the landlord's consent, the landlord may bring an FED action for possession under section 1-21-1001. If the tenant's holdover is willful and without good faith, the landlord may recover unpaid rent and actual damages for the period of unlawful occupancy. If the landlord accepts rent from a holdover tenant, this may be construed as the landlord's consent to the creation of a new month-to-month tenancy on the same terms as the expired lease.
A landlord may not retaliate against a tenant by increasing rent, decreasing services, or initiating or threatening eviction proceedings because the tenant has: (i) Made a good-faith complaint to the landlord or to a government agency regarding a condition of the rental unit affecting health or safety; (ii) Exercised any right or remedy available under this act; or (iii) Organized or participated in a tenants' association. A tenant who believes a landlord has retaliated may raise retaliation as a defense in an eviction proceeding or may bring a separate action for damages. A landlord may still evict a tenant for non-payment of rent or for violations of the lease agreement that are unrelated to the tenant's protected activity.
A tenant is deemed to have abandoned a rental unit when: (i) The tenant has been absent from the unit without notice for at least seven days, rent is outstanding and unpaid for ten days, and there is no reasonable evidence of current occupancy; or (ii) The tenant has been absent for at least five days, rent is unpaid for five days, and no personal property remains in the unit. Upon a reasonable determination of abandonment, the landlord may retake possession of the unit and re-rent it. The landlord shall make reasonable efforts to mitigate damages by re-renting at a fair rental value. The landlord shall properly handle any personal property remaining in the unit in accordance with applicable law.
Wyoming does not limit the amount a landlord may charge as a rental application fee, and application fees are not required to be refundable. A landlord may conduct background checks, credit checks, rental history checks, and employment history checks as part of the tenant screening process. Landlords may consider an applicant's criminal history when evaluating rental applications. However, any consideration of criminal history must be applied in a consistent and non-discriminatory manner. If a landlord's screening practice has a discriminatory effect based on a protected class under the Wyoming Fair Housing Act or the federal Fair Housing Act, the landlord may be subject to civil liability. Information obtained through the tenant screening process may not be used to alter the terms of a current lease agreement unless the tenant has breached the agreement.
If a rental unit is damaged or destroyed by fire or other casualty to an extent that substantially impairs the tenant's ability to enjoy the premises, the tenant may: (i) Immediately vacate the premises and notify the landlord in writing within a reasonable time of the intent to terminate the rental agreement, whereupon the rental agreement terminates as of the date the tenant vacates; or (ii) If continued occupancy of a portion of the unit remains lawful, vacate only the portion of the unit rendered uninhabitable, with rent reduced proportionally to reflect the diminution in the fair rental value of the unit. If the rental agreement is terminated due to fire or casualty damage, the landlord shall return all security deposits and prepaid rent in accordance with section 1-21-1208.
A landlord, agent, or property manager may enter the residential rental unit to: (i) Make necessary or agreed-upon repairs, decorations, alterations, or improvements; (ii) Supply services specified in the rental agreement; (iii) Conduct inspections of the unit; (iv) Show the unit to prospective tenants, buyers, lenders, or contractors; or (v) Address any emergency posing an immediate threat to health or safety. Wyoming does not impose a statutory advance notice requirement before a landlord enters a rental unit. Entry should occur during reasonable daytime hours except in cases of emergency, in which case the landlord may enter at any time without prior notice. The landlord may not abuse the right of access or use it in a manner intended to harass the tenant.
A landlord may not recover or take possession of a rental unit by any means other than a court order. Self-help eviction practices are prohibited, including but not limited to: (i) Changing or re-keying the locks without a Writ of Restitution; (ii) Removing or damaging doors, windows, or other means of access to the unit; (iii) Removing the tenant's personal property from the unit without a court order; (iv) Willfully terminating or interrupting utility services (electricity, gas, water, or heat) supplied to the tenant in order to compel the tenant to vacate. A landlord who engages in self-help eviction may be liable to the tenant for actual damages and any other relief available under applicable law.
Wyoming law does not require a landlord to conduct a formal move-in inspection or to document the condition of the rental unit before collecting a security deposit. However, landlords are strongly advised to conduct a written move-in inspection with the tenant, photographing all rooms and existing damage, and to have both parties sign and date a condition report. This documentation is the primary evidence in security deposit disputes and may determine whether deductions for damage are properly assessed against the tenant or constitute a landlord's failure to distinguish pre-existing conditions from tenant-caused damage.
A tenant who vacates a rental unit before the expiration of a fixed-term lease without the landlord's written permission generally remains liable for all rent due through the end of the lease term, even if the tenant no longer occupies the unit. The primary legal grounds on which a tenant may terminate a fixed-term lease early without liability are: (i) A material breach of the lease by the landlord, including a failure to maintain the unit in a habitable condition that defeats the purpose of the lease; or (ii) Compliance with the Wyoming Safe Homes Act (section 1-21-1301) if the tenant is a victim of domestic abuse or sexual violence. A tenant may also sublet the unit with the landlord's prior written permission to offset the remaining rental obligation.
Wyoming law does not specifically address roommate agreements by statute. When two or more tenants sign a single rental agreement, they are typically subject to joint and several liability, meaning each co-tenant is individually responsible for the full amount of rent and all other obligations under the lease. If one co-tenant vacates and stops paying rent, the remaining co-tenant or co-tenants are responsible for the full rent amount owed to the landlord. Co-tenants may enter into a separate written roommate agreement allocating responsibilities among themselves, but such an agreement does not alter the co-tenants' obligations to the landlord under the original lease.
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