Wyoming Residential Lease Agreement

Introduction

This comprehensive guide covers Wyoming residential lease agreements and landlord-tenant law. Wyoming's landlord-tenant statutes are primarily found in Title 1, Chapter 21, Article 12 of the Wyoming Statutes (§§ 1-21-1201 through 1-21-1211), known as the Wyoming Residential Rental Property Act. This guide provides detailed information on legal requirements, disclosures, security deposits, lease termination, eviction procedures, and tenant rights.

Required Disclosures

Lead-Based Paint Disclosure

For residential properties built before 1978, federal law requires landlords to provide a lead-based paint disclosure. This is mandated by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), codified at 42 U.S.C. § 4852d. ^[1] Landlords must:

• Provide an EPA-approved pamphlet about lead-based paint hazards***
• Disclose any known information about lead-based paint or hazards***
• Include a Lead Warning Statement in the lease agreement***
• Provide all available records and reports concerning lead-based paint***

Failure to comply with federal lead-based paint disclosure requirements can result in fines of tens of thousands of dollars per violation.

Nonrefundable Deposit Notice

Wyoming law requires landlords to clearly disclose if any portion of a security deposit is nonrefundable. ^[2] Any rental agreement must state whether any portion of a deposit is nonrefundable, and written notice of this fact must be provided to the tenant at the time the deposit is taken.

If the landlord fails to provide this written notice, the entire deposit must be treated as refundable.

Security Deposits

Maximum Amount and Interest Requirements

Wyoming does not impose a statutory limit on the amount landlords can charge for security deposits. Additionally, landlords are not required to pay interest on security deposits or hold them in a separate account.

Security Deposit Return Timeline

Wyoming has specific requirements for returning security deposits. ^[3] Landlords must return the security deposit according to the following timeline:

• Within 30 days after termination of the rental agreement, OR***
• Within 15 days after receipt of the tenant's new mailing address***
• Whichever deadline is later***

Extended Timeline for Damage

Itemized Statement of Deductions

When returning the security deposit, landlords must provide an itemized written statement of any deductions. ^[3] The itemized statement must specify the amounts withheld and the reasons for withholding.

Permissible deductions include:

• Unpaid rent***
• Damage beyond normal wear and tear***
• Unpaid utilities that the tenant was responsible for***
• Fees for early termination (if specified in the lease)***
• Cleaning costs (if specified in the lease)***

Penalties for Improper Withholding

If a landlord fails to return the security deposit within the required timeline without a valid itemized statement, the landlord forfeits the right to withhold any portion of the deposit. ^[3] The tenant may recover the full deposit plus attorney fees and costs.

Rent Payment Terms

Grace Period

Wyoming law does not mandate a grace period for rent payment. Any grace period would be determined by the terms of the lease agreement between the landlord and tenant.

Late Fees

Wyoming statutes do not establish a maximum amount for late fees. However, late fees must be reasonable and clearly specified in the lease agreement. Courts may find excessive late fees to be unenforceable as punitive rather than compensatory.

NSF (non-Sufficient Funds) Check Fees

Wyoming allows landlords to charge up to $30 for dishonored checks (NSF/bad checks). ^[4] When a tenant issues a check that is returned for insufficient funds, the landlord must provide written demand for payment. The tenant then has 30 days following the written demand to pay both the amount of the check and the collection fee (not exceeding $30).

The written demand must be mailed by United States postal service certificate of mailing to the address shown on the check or the tenant's last known address, or personally served pursuant to the Wyoming Rules of Civil Procedure.

Landlord's Right to Enter

Wyoming does not have a specific statute establishing notice requirements for landlord entry. However, tenants cannot unreasonably refuse landlord access for repairs, inspections, or property showings.

Best practices and common lease provisions typically require:

• Reasonable advance notice (typically 24-48 hours for non-emergency situations)***
• Entry at reasonable times (typically during normal business hours)***
• Valid reasons for entry (repairs, inspections, showing to prospective tenants)***
• Emergency access permitted without notice***

Since Wyoming law does not specify exact requirements, it is essential that the lease agreement clearly define the terms of landlord entry to avoid disputes.

Breaking a Lease

Landlord's Duty to Mitigate Damages

Reasonable mitigation efforts include:

• Actively advertising the property for rent***
• Promptly screening potential new tenants***
• Accepting qualified applicants without unreasonable delay***
• Making reasonable efforts to minimize vacancy periods***

Tenant Liability for Broken Lease

When a tenant breaks a lease, they may be liable for:

• Rent until a new tenant is found or until the lease period expires (whichever comes first)***
• Reasonable costs of advertising and re-renting the property***
• Early termination fees (if specified in the lease)***
• Damage beyond normal wear and tear***

However, if the landlord fails to make reasonable mitigation efforts, the tenant's liability may be reduced or eliminated.

Legitimate Reasons to Break a Lease

Wyoming law recognizes certain circumstances where a tenant may legally break a lease without penalty:

• Active military duty (protected under the federal Servicemembers Civil Relief Act)***
• Uninhabitable conditions that the landlord fails to remedy***
• Landlord harassment or violation of tenant's privacy rights***
• Domestic violence situations (with proper documentation)***

Lease Termination

Month-To-Month Tenancies

For month-to-month rental agreements, either the landlord or tenant can terminate the tenancy by providing written notice at least 30 days prior to the intended termination date. This notice must be in writing and properly served.

Fixed-Term Leases

Fixed-term leases (such as one-year leases) automatically terminate at the end of the lease period unless both parties agree to renewal. Wyoming law does not require either party to provide advance notice of non-renewal for fixed-term leases, although lease agreements may specify notice requirements.

Eviction Procedures

Three-Day Notice to Comply or Vacate

Wyoming law requires specific notice periods before a landlord can file an eviction lawsuit. ^[6] For lease violations (including non-payment of rent), the landlord must serve the tenant with a 3-Day Notice to Comply or Vacate.

This notice applies to:

• Non-payment of rent***
• Violation of lease terms***
• Violation of tenant's legal responsibilities***

The tenant has three days to either cure the violation (pay the rent or fix the lease violation) or vacate the premises. If the tenant does neither, the landlord may proceed with filing an eviction lawsuit.

Eviction Process

If the tenant fails to comply with the 3-day notice or vacate, the landlord may file an eviction lawsuit (also called an unlawful detainer action) with the court. The eviction process includes:

1. Filing the Complaint With the Court

2. Serving the Tenant With a Summons and Complaint

3. Court Hearing (typically Within 7-14 Days)

4. Court Judgment (if in Favor of Landlord)

5. Writ of Restitution (to Enforce Eviction)

6. Sheriff Enforces Eviction (if Tenant Does Not Voluntarily Leave)

Illegal Lockouts and Self-Help Evictions

Landlords in Wyoming must follow the legal eviction process and cannot resort to "self-help" eviction methods. Illegal eviction tactics include:

• Changing locks without a court order***
• Removing tenant's belongings***
• Shutting off utilities***
• Threatening or harassing the tenant***

These actions are illegal and may result in the landlord being liable for damages, including the tenant's moving and storage costs, actual damages, and potentially punitive damages.

Property Abandonment

Landlord's Right to Dispose of Abandoned Property

When a tenant abandons property after termination of the rental agreement, Wyoming law provides specific procedures for landlords to follow. ^[7] Upon regaining lawful possession of the rental unit, the landlord may immediately dispose of any trash or property the landlord reasonably believes to be hazardous, perishable, or valueless.

Notice Requirements for Valuable Property

For property that appears to have value, the landlord must provide written notice to the tenant describing the property claimed to be abandoned. The notice must state that the property will be disposed of after seven (7) days from the date of service if the tenant or their agent does not:

• Take possession of the property within seven days, OR***
• Notify the landlord in writing within seven days of their intent to take possession***

Extended Storage Period

If the tenant responds in writing within seven days stating their intention to retrieve the property, the landlord must hold the property for an additional seven (7) days after receiving the written response. If the tenant fails to take possession within this extended 15-day total period (7 days + 7 days + 1 day), the property is conclusively deemed abandoned, and the landlord may retain or dispose of it.

Storage Costs

The landlord is entitled to payment of storage costs for the period the property remains in safekeeping, plus the cost of removal to the place of storage. Payment of storage costs must be made before the tenant removes the property.