Wyoming residential lease agreement

No section of Wyoming's residential rental property article limits application or screening fees or says who pays for a background check.

W.S. 1-21-1201 to 1-21-1211

• Screening decisions must still follow the Wyoming Fair Housing Act. W.S. 40-26-103 See Fair housing on the Wyoming page

The Wyoming Fair Housing Act bars refusing to rent, refusing to negotiate, or otherwise denying a home, and bars different terms, conditions, privileges, services or facilities, because of race, color, religion, sex, disability, familial status or national origin. Ads and statements may not show a preference or limitation on those grounds.

W.S. 40-26-103 W.S. 40-26-104

• Refusing a reasonable modification at the tenant's expense, or a reasonable accommodation in rules, policies, practices or services, that a person with a disability needs is discrimination. You may condition a modification, where reasonable, on the tenant restoring the interior at move-out, reasonable wear and tear excepted. W.S. 40-26-107(c)
• Familial status covers a household with minors living with a parent or custodian, and anyone pregnant or securing custody of a minor. W.S. 40-26-102(a)(ix)
• Two narrow exemptions exist: an owner of no more than three single-family houses who rents one without a broker or agent and without a discriminatory advertisement, subject to further limits, and an owner who lives in one of the units of a building with no more than four. The second exemption never covers discriminatory advertising. W.S. 40-26-110
• Reasonable limits on the number of occupants remain allowed, and refusing someone convicted of manufacturing or distributing a controlled substance is not barred. W.S. 40-26-113(a) W.S. 40-26-103(c)
• A person may sue in district court within two years, and the court may award actual and punitive damages, attorney's fees, costs and an injunction. W.S. 40-26-139 W.S. 40-26-140
• Disability protection is not limited to the applicant who signs the lease. Wyoming also bars making housing unavailable, imposing different terms or providing different services because of the disability of someone who lives or intends to live in the home, or a person associated with the applicant or resident. Include those relationships when evaluating an application; the applicant need not personally have the disability for this protection to apply. W.S. 40-26-107(a), (b)

Every rental agreement must say whether any part of a deposit is nonrefundable, and you must also give written notice of that when you take the deposit. The Safe Homes Act rights cannot be waived or modified in the lease.

W.S. 1-21-1207 W.S. 1-21-1304

• Hot and cold running water and working electrical, heating and plumbing are required unless both parties agree otherwise in writing. W.S. 1-21-1202(a) See Repairs and habitability on the Wyoming page
• Other duties in the residential rental property article may be shifted or changed only by an explicit written agreement signed by both parties. W.S. 1-21-1202(d)
• Owners, managers and agents are treated alike for notices unless the agent or manager says otherwise in writing in the rental agreement. W.S. 1-21-1201(a)(i) See Owner and manager identity on the Wyoming page

No section of Wyoming's residential rental property article requires a flood disclosure to tenants.

W.S. 1-21-1201 to 1-21-1211

No section of Wyoming's residential rental property article requires you to disclose the owner or manager to the tenant. For notices under the article, the owner includes a managing agent, leasing agent or resident manager unless the agent or manager says otherwise in writing in the rental agreement.

W.S. 1-21-1201(a)(i) W.S. 1-21-1201 to 1-21-1211

• Whoever holds the owner's interest when the agreement ends is bound by the deposit rules. W.S. 1-21-1209 See Returning the deposit on the Wyoming page

Wyoming does not cap the amount of a security deposit. The residential rental property article controls how a deposit is described and returned, not how large it may be.

W.S. 1-21-1201 to 1-21-1211

• The lease must say whether any part of the deposit is nonrefundable, and you must also give the tenant written notice of that when you take the deposit. W.S. 1-21-1207
• A deposit held separately for utilities follows its own refund rules. W.S. 1-21-1208(b) See Returning the deposit on the Wyoming page

When the rental agreement ends you may apply the deposit to accrued rent, damage beyond reasonable wear and tear, cleaning the unit to its condition at the start of the agreement, and other costs the contract provides. Deliver or mail the balance and any prepaid rent, without interest, with a written itemization of deductions and the reasons, within 30 days after termination or within 15 days after you receive the tenant's new mailing address, whichever is later.

W.S. 1-21-1208 W.S. 1-21-1209

• If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a)
• The tenant must tell you, within 30 days after termination, where the payment and notice may be delivered or mailed. W.S. 1-21-1208(a)
• A deposit held and separately identified for utilities is refunded within 10 days after the tenant shows that all utility charges are paid. If the tenant makes no such showing within 45 days after termination, apply it to the tenant's utility debt within the next 15 days and pay any remainder within 7 days after that, or within 15 days after you receive the tenant's new mailing address, whichever is later. W.S. 1-21-1208(b)
• If you unreasonably fail to follow these rules, the tenant may recover the full deposit and court costs. If you win and the court finds the tenant sued unreasonably, you may be awarded court costs. W.S. 1-21-1208(c)
• Whoever holds the owner's interest when the agreement ends is bound by the deposit rules, so a buyer takes on the duty to return existing deposits. W.S. 1-21-1209
• If the tenant's damage costs more than the deposit, the tenant stays liable for the rest, plus interest at 10 percent a year on unpaid amounts. W.S. 1-21-1211(b)

Wyoming does not require you to pay interest on a deposit: the balance is returned without interest. No section of the residential rental property article requires a separate or trust account for deposits.

W.S. 1-21-1208(a) W.S. 1-21-1201 to 1-21-1211

• A utilities deposit must be separately identified to get its own refund timeline. W.S. 1-21-1208(b) See Returning the deposit on the Wyoming page

No section of Wyoming's residential rental property article requires a move-in checklist, inspection report or photographs. The condition at the start of the agreement still matters: the tenant must leave the unit clean to that condition, and you may deduct the cost of cleaning to it.

W.S. 1-21-1201 to 1-21-1211

• At the end of the agreement the tenant must remove all property and garbage and clean the unit to its condition at the beginning of the agreement. W.S. 1-21-1204(a)(viii)
• Deductions may cover cleaning to the starting condition and damage beyond reasonable wear and tear. W.S. 1-21-1208(a) See Returning the deposit on the Wyoming page

No section of Wyoming's residential rental property article caps a late fee or sets a grace period. The tenant must stay current on all payments the rental agreement requires, so set the due date, any late charge and when it applies in the lease.

W.S. 1-21-1201 to 1-21-1211

• Being current on all payments is one of the tenant's statutory duties, and falling behind affects the tenant's repair remedies. W.S. 1-21-1204(a)(vi) W.S. 1-21-1203(b) See Tenant repair remedies on the Wyoming page
• Eviction proceedings may start against a tenant who has failed to pay rent for three days after it is due. W.S. 1-21-1002(a)(i) See Notice for unpaid rent on the Wyoming page
• In a nonpayment case the court finds the rent due at the hearing and the lease terms on the amount and timing of rent, and enters judgment for that rent plus costs and attorney's fees as the lease provides. W.S. 1-21-1008(b)

When a check is dishonored, the holder may send the writer a written demand for the check amount plus a collection fee of no more than $30. The writer has 30 days after the demand to pay. The demand must state that the writer owes the check amount and the fee, and name the fee.

W.S. 1-1-115

• The demand goes by certificate of mailing to the address on the check or the last known address, or by personal service under the court rules. W.S. 1-1-115(a)
• A writer who does not pay within the 30 days is liable for three times the check amount, but not less than $100, plus the $30 collection fee and court costs. W.S. 1-1-115(b)
• In extraordinary cases, such as bad faith defenses, the court may award reasonable attorney fees. W.S. 1-1-115(c)
• A claim within the small claims limit may be brought in small claims court. W.S. 1-1-115(e) See Small claims on the Wyoming page
• This section covers checks. The sections read for this page set no fee for a returned electronic payment. W.S. 1-1-115(f)

No section of Wyoming's residential rental property article sets a notice period or a limit for raising the rent. During a fixed term the lease controls; set out in the lease how and when rent may change.

W.S. 1-21-1201 to 1-21-1211

• A rental agreement includes any written or oral agreement that establishes or modifies its terms, including rent. W.S. 1-21-1201(a)(ii)

No section of Wyoming's residential rental property article sets a notice period for entry. The tenant may not unreasonably deny access, refuse entry or withhold consent for you or your agent or manager to make repairs, inspect the unit, or show it for rent or sale. Put your entry terms in the lease.

W.S. 1-21-1205 W.S. 1-21-1201 to 1-21-1211

• A tenant who unreasonably denies access breaks a statutory duty that can support an action for possession. W.S. 1-21-1205(a)(iii) W.S. 1-21-1002(a)(vi) See Notice for other lease violations on the Wyoming page

Keep each rental unit safe and sanitary and fit for human habitation, with working electrical, heating and plumbing and hot and cold running water unless both parties agree otherwise in writing. Do not rent a unit that is not reasonably safe, sanitary and fit to live in; keep common areas sanitary and reasonably safe; and maintain the electrical, plumbing, heating and water systems and any appliances and facilities the rental agreement lists.

W.S. 1-21-1202 W.S. 1-21-1203(a)

• Seasonal rentals such as summer cabins that are not meant to have these amenities may still be rented. W.S. 1-21-1202(a)
• The article does not reach breakage, malfunctions or other conditions that do not materially affect the physical health or safety of the ordinary renter. W.S. 1-21-1202(c)
• Any duty in the article may be assigned to the other party or modified by an explicit written agreement signed by both parties. W.S. 1-21-1202(d)
• You need not fix a condition caused by the tenant, the tenant's family, guests or invitees through misuse. W.S. 1-21-1203(c)
• You are not liable under the article for claims of mental suffering or anguish. W.S. 1-21-1203(e)
• The tenant must keep the unit clean and safe, dispose of garbage properly, keep plumbing fixtures sanitary, use facilities and appliances reasonably, not add occupants beyond the agreement without your written permission, and not damage the unit or disturb others. W.S. 1-21-1204 W.S. 1-21-1205

A tenant who is current on all payments and has reasonable cause, supported by evidence, to believe the unit falls short of the health and safety standards must notify you in writing of the condition and the fix requested. Within a reasonable time you must either begin correcting it or tell the tenant in writing that you dispute the claim. These notices go by certified mail or are served as for a notice to quit.

W.S. 1-21-1203(b) W.S. 1-21-1206

• If the repair would cost more than is reasonable given the rent and the nature of the property or agreement, you may refuse and end the agreement by written notice within a reasonable time, giving the tenant 10 to 20 days from the notice to find other housing. Rent is prorated to the move-out date and the balance is refunded with any deposit due. W.S. 1-21-1203(d)
• If you do not respond or correct the condition within a reasonable time, the tenant may serve a notice to repair or correct condition that recites the first notice, states the days elapsed, lists what is still wrong, demands correction, and says the tenant will go to court if you do not begin reasonable corrective action within three days. W.S. 1-21-1206(b)
• If you still do not correct or use due diligence, or you disputed the claim, the tenant may sue in circuit court. You must be given 3 to 20 days after service to appear. The court may award costs, damages including rent improperly kept or collected, a declaration ending the agreement, or an order to make reasonable repairs. W.S. 1-21-1206(c)
• If the court ends the agreement, the tenant gets the balance of the rent and the deposit within 30 days of the order and must move out between 10 and 20 days after it. W.S. 1-21-1206(d)
• These remedies belong only to a tenant who is complying with the tenant duties and prohibited-act rules. The article gives no right to withhold rent or to repair and deduct. W.S. 1-21-1206(a) W.S. 1-21-1201 to 1-21-1211

No section of Wyoming's residential rental property article requires particular locks or rekeying between tenants.

W.S. 1-21-1201 to 1-21-1211

• Locks are part of keeping a unit reasonably safe only as the general safety duty requires. W.S. 1-21-1203(a)(i) See Repairs and habitability on the Wyoming page

No section of Wyoming's residential rental property article mentions smoke alarms. Building and fire codes, which may, were not read for this page.

W.S. 1-21-1201 to 1-21-1211

• The general duty to rent and keep a unit reasonably safe still applies. W.S. 1-21-1203(a) See Repairs and habitability on the Wyoming page

No section of Wyoming's residential rental property or eviction articles prohibits retaliation against a tenant for complaints or for using legal rights. The Safe Homes Act separately bars ending a tenancy solely because a tenant, applicant or household member is a victim of domestic abuse or sexual violence.

W.S. 1-21-1201 to 1-21-1211 W.S. 1-21-1001 to 1-21-1017 W.S. 1-21-1303(c)

• That bar does not prevent decisions based on other lawful factors you know about. W.S. 1-21-1303(c)
• Under the Wyoming Fair Housing Act it is a discriminatory practice, and a misdemeanor, to coerce, intimidate, threaten or interfere with anyone for exercising fair housing rights or helping someone else exercise them. W.S. 40-26-144(b) W.S. 40-26-144(c)

The Wyoming articles read for this page recover possession through the circuit court: an eviction case, a judgment for restitution and a writ the sheriff carries out. None of them authorizes changing the locks or shutting off utilities to force a tenant out. Court decisions on self-help were not read.

W.S. 1-21-1001 W.S. 1-21-1012 W.S. 1-21-1013

• If the tenant does not leave as a court order requires, the sheriff may remove the tenant's possessions and keep the tenant from reentering without further court action. W.S. 1-21-1211(a)
• A quick sheriff removal exists for people who unlawfully entered a home, but it is not available against a current or former tenant under a written or oral rental agreement. W.S. 1-21-1402(a)(iv) See Eviction process on the Wyoming page

The Wyoming articles read for this page set no notice period for ending a month-to-month tenancy. A tenant who holds over after the term ends may be evicted after the three-day notice to leave. Other parts of the Wyoming Statutes were not read on this question.

W.S. 1-21-1002(a)(i) W.S. 1-21-1003

• Holding over after the term is one of the grounds for an eviction case. W.S. 1-21-1002(a)(i) See Eviction process on the Wyoming page

Under the Wyoming Safe Homes Act, a tenant who leaves because of domestic abuse or sexual violence and gives you seven days' written notice before moving out is not liable for rent for the period after moving out. The tenant or a household member must have faced a credible imminent threat of domestic abuse or sexual violence at the premises, shown by medical, court or police evidence, or have been a victim of it on premises you own or control.

W.S. 1-21-1303 W.S. 1-21-1304

• For abuse or violence that already happened on the premises, the notice must give the reason, the date, and state that the tenant provided medical, court or police evidence. The abuse must have occurred within 60 days before the notice, or, if the tenant could not reasonably give notice in that time because of hospitalization, shelter, counseling or similar reasons, as soon as practicable after. W.S. 1-21-1303(b)
• The Act is not a defense to rent owed for the time before the tenant left and gave notice, or to an eviction for rent unpaid before then. W.S. 1-21-1303(d)
• These rights cannot be waived or modified in a lease or separate agreement. W.S. 1-21-1304
• You may end the agreement yourself when a required repair would cost more than is reasonable, and a court may end it in a repair case. W.S. 1-21-1203(d) W.S. 1-21-1206(c) See Tenant repair remedies on the Wyoming page
• The articles read for this page set no other early-termination right and no rule on re-renting after a tenant leaves; court decisions were not read. W.S. 1-21-1201 to 1-21-1211

An eviction case may be brought against a tenant who has failed to pay rent for three days after it is due. Before filing, serve a written notice to leave the premises at least three days before starting the action, by leaving a copy with the tenant or, if the tenant cannot be found, at the tenant's usual home or place of business.

W.S. 1-21-1002(a)(i) W.S. 1-21-1003

• The statute's notice is a notice to leave. It does not have to offer the tenant a chance to pay. W.S. 1-21-1003
• The same notice rule applies before any forcible entry and detainer action. W.S. 1-21-1003 See Eviction process on the Wyoming page

The eviction and residential rental property articles set no cure period for a lease violation. An eviction case may be brought against a tenant who violates the statutory tenant duties or prohibited acts, and the same written notice to leave must be served at least three days before the action.

W.S. 1-21-1002(a)(vi) W.S. 1-21-1003

• Those duties include keeping the unit clean and safe, not exceeding the agreed number of occupants without written permission, being current on payments and complying with lawful lease terms. W.S. 1-21-1204
• The prohibited acts are damaging the unit, interfering with others' peaceful enjoyment, and unreasonably denying access for repairs, inspections or showings. W.S. 1-21-1205

Evictions are forcible entry and detainer cases in circuit court. Serve the three-day written notice to leave, then file. The summons is served 3 to 12 days before the trial date, and the tenant does not have to file a written answer to take part. If the court finds for you, it enters judgment for restitution of the premises and costs, and in a nonpayment case also the rent due and attorney's fees as the lease provides.

W.S. 1-21-1001 W.S. 1-21-1003 W.S. 1-21-1004 W.S. 1-21-1008

• Grounds include holding over after the term, failing to pay rent for three days after it is due, and violating the statutory tenant duties or prohibited acts. W.S. 1-21-1002(a)
• A continuance of more than two days for the tenant requires a bond covering accruing rent and costs. W.S. 1-21-1007
• Either party may demand a jury. W.S. 1-21-1009
• At your request the court issues a writ of restitution, and unless the tenant appeals the officer executes it within two days after receiving it, Sundays excepted. W.S. 1-21-1012 W.S. 1-21-1013
• An appeal stays the judgment only if the tenant files a bond within 48 hours after judgment, Sundays excepted, and in a rent case also deposits the rent in the judgment and keeps depositing rent as it comes due. W.S. 1-21-1014(b) W.S. 1-21-1015
• A business entity that owns a majority interest in the property may appear through an owner, shareholder, member or partner without a lawyer, after written notice signed by all of them, unless it seeks a judgment above the small claims limit. W.S. 1-21-1017
• If the tenant does not leave as ordered, the sheriff may remove the tenant's possessions and bar reentry. W.S. 1-21-1211(a)
• For someone who unlawfully entered and is not a current or former tenant or a family member, an owner may instead file a sworn complaint asking the sheriff or police for immediate removal. Wrongful use can cost triple the fair rental value for the time of removal, plus damages, costs and attorney fees. W.S. 1-21-1402 W.S. 1-21-1403(c)
• The Wyoming Judicial Branch eviction page has separate landlord and tenant forms, including notice and complaint materials, an optional answer, dismissal documents and an abandoned-property notice. It also offers guided form completion. Choose the documents for the actual stage and your role, and check the court’s current filing and service instructions. Keep the lease, notice, service record, rent ledger, payment receipts and relevant messages or photos together for the hearing. An optional answer does not replace attending as the summons directs, and completing a form does not itself grant possession or authorize disposal of belongings. Wyoming Judicial Branch: eviction forms and guided tools

Once you lawfully regain possession after the agreement ends, you may immediately dispose of trash and anything you reasonably believe is hazardous, perishable or valueless and abandoned. Property left in the unit is presumed valueless and abandoned. For valuable property, give written notice describing it and saying it will be disposed of after seven days unless the tenant takes it or tells you in writing within that time that they will.

W.S. 1-21-1210

• The notice is served on the date it is mailed by certified mail to an address the tenant gave in writing for this purpose, on the date it is personally served under the court rules, or on the date it is published in a newspaper in the county. W.S. 1-21-1210(a)(i)
• If you get no written response within seven days after service, the property is conclusively abandoned and you may keep or dispose of it. W.S. 1-21-1210(a)(ii)
• If the tenant answers in writing in time, hold the property seven more days after you receive the answer. The same sentence then refers to an additional fifteen-day period, so allowing the longer time is the careful reading. W.S. 1-21-1210(a)(iii)
• You may charge reasonable storage costs if you store it yourself, or actual costs if stored commercially, plus the cost of moving it, and the tenant pays before removing it. You are not responsible for loss from storage. W.S. 1-21-1210(b) W.S. 1-21-1210(c)

Circuit court small claims procedure covers civil claims of up to $6,000, not counting costs. You start by signing an affidavit giving the defendant's full address, the nature of the claim and the amount due, and stating that you demanded payment and were refused.

W.S. 1-21-201 W.S. 1-21-202(a)

• Parties, including businesses, may appear for themselves with or without a lawyer; if one side brings a lawyer, the other is entitled to a continuance to get one. W.S. 1-21-202(b)
• The defendant's appearance date is set 12 to 20 days after service, and service may be by certified mail if the defendant lives in Wyoming. W.S. 1-21-203(a) W.S. 1-21-204
• The hearing is informal and no formal pleading is needed beyond the claim and notice. No attachment or garnishment is allowed before judgment. W.S. 1-21-205

The Wyoming articles read for this page contain no rent control. Whether any other state statute limits local rent rules, and what city and county codes add, was not read for this page.