Wyoming Standard Residential Lease Agreement

Introduction

A Wyoming standard residential lease agreement is a legally binding document that establishes a rental arrangement between a landlord (property owner) and a tenant (renter). This contract outlines all terms and conditions of the rental arrangement, including the rental price, lease term, security deposit requirements, tenant responsibilities, and landlord rights. Wyoming residential rental property is governed by Wyoming Statutes Title 1, Chapter 21, Article 12. ^[1]

Legal Framework

Wyoming's landlord-tenant laws are codified in Wyoming Statutes Sections 1-21-1201 through 1-21-1211. These statutes establish the rights and obligations of both landlords and tenants in residential rental relationships. Key provisions include definitions (^[2]), owner and renter duties (^[3]), security deposit regulations (^[4]), and remedies for breach.

Required Disclosures

Wyoming law requires landlords to provide certain disclosures to tenants:

1. Lead-Based Paint Disclosure: Federal law requires landlords renting properties built before 1978 to disclose any known information about lead-based paint hazards. Landlords must provide tenants with an EPA-approved pamphlet and include specific lead disclosure language in the lease. ^[5]

2. Non-Refundable Deposit Disclosure: Under W.S. 1-21-1207, the lease agreement must clearly state whether any portion of the security deposit is nonrefundable. Additionally, the tenant must be provided written notice when their deposit is transferred. ^[4]

Security Deposit Laws

Maximum Amount: Wyoming does not impose a statutory limit on the amount a landlord may collect as a security deposit. However, the amount should be reasonable and clearly stated in the lease agreement.

Permitted Deductions: Upon termination of the rental agreement, landlords may deduct from the security deposit for: accrued unpaid rent, damages to the rental unit beyond reasonable wear and tear, cleaning costs necessary to restore the unit to its condition at move-in, and other costs as provided in the lease. ^[6]

Return Timeline: Under W.S. 1-21-1208(a), the landlord must return the security deposit balance with a written itemization of any deductions within: 30 days after termination of the rental agreement, OR 15 days after receipt of the tenant's new mailing address, whichever is later. If the rental unit has been damaged beyond normal wear and tear, the return period is extended by an additional 30 days. ^[6]

Utility Deposits: Utility deposits must be returned within 10 days after the tenant proves that all utility charges have been paid. ^[6]

Penalties for Non-Compliance: If the landlord fails to return the deposit or provide the required itemization within the statutory timeframe, the tenant may recover the full amount of the security deposit plus court costs.

Rent Payment Laws

Grace Period: Wyoming does not require a statutory grace period for rent payments. Rent is due on the date specified in the lease agreement.

Late Fees: Wyoming does not impose a statutory maximum on late fees. Late fees should be reasonable and clearly specified in the lease agreement.

NSF/Bounced Check Fees: Under W.S. 1-1-115(a), a landlord may charge a collection fee not to exceed $30.00 for any check that is dishonored (bounced). ^[7]

Landlord Duties and Obligations

Under Wyoming Statutes W.S. 1-21-1202 and 1-21-1203, landlords have the following duties: ^[3]

• Comply with all building and housing codes materially affecting health and safety
• Make all repairs necessary to keep the premises in a fit and habitable condition
• Keep common areas reasonably clean and safe
• Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances supplied by the landlord
• Provide running water and reasonable amounts of hot water at all times

Tenant Duties and Obligations

Under Wyoming Statute W.S. 1-21-1204, tenants have the following duties: ^[8]

• Comply with all obligations imposed upon tenants by applicable building and housing codes
• Keep the dwelling unit clean and safe
• Dispose of garbage and other waste in a clean and safe manner
• Keep all plumbing fixtures clean and sanitary
• Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in a reasonable manner
• Not deliberately or negligently destroy, deface, damage, or remove any part of the premises
• Conduct themselves in a manner that does not disturb the peaceful enjoyment of other tenants

Prohibited Tenant Acts

Under Wyoming Statute W.S. 1-21-1205, tenants are prohibited from: ^[9]

• Using the premises for any purpose that is illegal or contrary to the lease agreement
• Maintaining, committing, or permitting a nuisance on the premises
• Willfully or wantonly destroying, defacing, damaging, or removing any part of the premises

Landlord Entry Rights

Wyoming law requires landlords to provide reasonable notice before entering a rental unit for non-emergency purposes. While the statute does not specify an exact time period, 24-48 hours is generally considered reasonable notice. ^[3]

Emergency Entry: In cases of emergency (such as fire, flooding, or other urgent situations), landlords may enter without prior notice to address the immediate danger.

Recommended Practice: Written notice specifying the date, time, and purpose of entry is recommended for documentation purposes.

Eviction Procedures

Wyoming eviction procedures are governed by W.S. 1-21-1001 through 1-21-1017 (Forcible Entry and Detainer). ^[10]

Nonpayment of Rent: Landlords must provide a 3-day notice to quit, giving tenants the opportunity to pay the balance due or vacate the premises.

Lease Violations: Landlords must provide a 3-day notice to quit for violations of lease terms.

Month-to-Month Tenancy: For month-to-month tenancies, landlords should provide at least 30 days' written notice to terminate without cause.

Holdover Tenants: If a tenant remains after the lease expires without the landlord's consent, the landlord may commence eviction proceedings after providing proper notice.

Court Process: Landlords must file an eviction lawsuit (forcible entry and detainer action) in court. Self-help evictions (changing locks, removing belongings, shutting off utilities) are prohibited.

Lease Termination

Fixed-Term Lease: A fixed-term lease automatically terminates at the end of the specified term. Neither party is required to give notice unless the lease states otherwise.

Month-to-Month Lease: Either party may terminate a month-to-month tenancy by providing written notice of at least one full rental period (typically 30 days). The termination date must coincide with the beginning of a new rental period. ^[3]

Early Termination: Tenants who break a lease early may be liable for rent until a new tenant is found or until the lease term ends, whichever occurs first. Landlords have a duty to mitigate damages by making reasonable efforts to re-rent the property.

Tenant Remedies

Under Wyoming Statute W.S. 1-21-1206, if a landlord fails to comply with their duties, tenants may: ^[11]

• Give written notice to the landlord specifying the noncompliance
• Allow reasonable time for the landlord to make repairs
• If the landlord fails to correct the issue, terminate the rental agreement
• Seek judicial remedies including damages in court

Landlord Remedies

Under Wyoming Statute W.S. 1-21-1211, if a tenant breaches the lease agreement, landlords may: ^[12]

• Seek eviction through court proceedings
• Recover unpaid rent and late fees as specified in the lease
• Recover actual damages caused by the tenant's breach
• Recover court costs and, in some cases, attorney fees if provided in the lease

Abandoned Property

Under Wyoming Statute W.S. 1-21-1210, when a tenant abandons the property after termination of the rental agreement: ^[13]

• The landlord may take possession of the premises
• Personal property left behind must be stored for a reasonable period
• Landlords must follow specific procedures for disposition of abandoned property
• After proper notice, landlords may dispose of or sell abandoned property

Fair Housing Protections

Wyoming follows the federal Fair Housing Act (42 U.S.C. 3601-3619), which prohibits discrimination in housing based on the following protected classes: ^[14]

• Race
• Color
• Religion
• Sex
• National Origin
• Familial Status (including pregnancy)
• Disability

Prohibited Actions: Landlords may not refuse to rent, set different terms or conditions, or provide different services based on any protected characteristic. Landlords must make reasonable accommodations for tenants with disabilities.