Wyoming Landlord Tenant Law: FAQs
Let’s understand Wyoming landlord tenant law and regulations through the following –
How much can I charge for rent?
The state of Wyoming does not restrict the amount of rent a Landlord is permitted to charge. Therefore, a landlord may charge whatever he feels necessary. Additionally, the state of Wyoming has not established rent control or stabilization.
May I charge late payment fees?
There is no statutory limit on late charges, however, assessed fees should be reasonably related to the expenses the landlord incurs as a result of a late payment.
May I charge a returned payment fee?
Any person who issues a check which has been dishonored for any reason must pay to the holder of the check the amount of the check, and a collection fee not to exceed $30.
Is there a limit on the amount I may collect for a security deposit?
There are no statutory limits placed on the amount of the security deposit charged to the tenant so long as it is reasonable.
Please Note: Any rental agreement shall state whether any portion of a deposit is nonrefundable and written notice of this fact shall be provided to the tenant at the time the deposit is taken.
Do I need a separate bank account for the security deposit?
There are no specific regulations in Wyoming regarding the placement of security deposits. However, it’s good practice to keep a tenant’s security deposit separate from the landlord’s personal finances.
My tenant has moved out, what shall I do with their security deposit?
The full balance of any deposit and prepaid rent or the partial balance along with written itemization of any deductions from the deposit together with reasons therefore, shall be delivered or mailed without interest to the renter within thirty (30) days after termination of the rental agreement or within fifteen (15) days after receipt of the renter’s new mailing address, whichever is later. If there is damage to the residential rental unit, this period shall be extended by thirty (30) days. The renter shall within thirty (30) days of termination of the rental agreement, notify the owner or designated agent of the location where payment and notice may be made or mailed.
What is a common problem where security deposits are concerned?
At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.
What are the rules for ending a Wyoming lease in the state of Wyoming ?
A Fixed Term Lease is an agreement that contains a beginning and ending date. In Wyoming a fixed term lease ordinarily expires by its own terms without written notice from either party unless specified differently in the rental agreement.
A Periodic Lease is a lease that continues from period to period (i.e. month to month). In Wyoming for a Periodic Tenancy, advance notice of termination by the landlord or tenant, as the case may be, is required to terminate a periodic tenancy. The amount of notice required is usually determined by the period of the tenancy itself. The notice must be of 1 full rental period, and the termination date must coincide with the beginning of a new period. Therefore, a month-to-month lease would require 30 day notice and a week-to-week lease would require a 7 day notice.
How much notice do I have to give a tenant in order to evict them?
The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found.
My tenant has not paid his rent and I served him notice. What do I do next?
Go to the District court in the county of which the property is located. You will file a court action referred to as an unlawful detainer, filed with the clerk of court. Check with the appropriate court as there are fees involved. The Landlord/Plaintiff may sue for possession of property and for money damages in the same action. It is important to include a copy of the “Notice to Tenant” when filing an original action. The Unlawful Detainer Complaint must be served by certified mail or personal service by either the Sheriff’s office or a private process server.
I won in court! Now what happens?
Unless the defendant takes an appeal, the officer shall execute the writ of restitution within two (2) days after receiving it, Sundays excepted, by restoring the plaintiff to possession of the premises. He shall levy and collect the execution for rent and costs and make return as upon other executions.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
What do I do if my tenant has “skipped” out of the apartment?
Upon regaining lawful possession by going through the courts for possession of the rental unit, the owner may immediately dispose of any trash or property the owner reasonably believes to be hazardous, perishable or valueless and abandoned. Any property remaining within the rental unit after termination of the rental agreement shall be presumed to be both valueless and abandoned.
Any valuable property may be removed from the residential rental unit and shall thereafter be disposed of as follows:
The owner shall provide written notice to the renter, describing the property claimed to be abandoned and stating that the property shall be disposed of after seven (7) days from the date of service of the notice if the renter or his agent does not, within the seven (7) day period, take possession of the property or notify the owner in writing of the renter’s intent to take possession of the property.
Do I have to give the tenant notice before I enter the rental property?
Landlords should give tenants at least 2 days notice to enter the leased premises for non-emergency reasons. In the event of an emergency, no advance notice is required to be given to tenant.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
Aside from the lease agreement, are there any additional documents necessary?
If the Leased Premises was constructed before 1978, the landlord must provide all tenants with Lead-Based Paint EPA Disclosure and Lead-Based Paint EPA Pamphlet.
What are the renter’s rights in Wyoming?
As per Wyoming landlord-tenant law, renters have the right to a safe and habitable living space, as outlined in the warranty of habitability. Landlords are required to make necessary repairs in a timely manner and maintain common areas. Tenants also have the right to privacy and quiet enjoyment of their rental unit. Landlords must provide proper notice before entering the rental unit. Additionally, tenants cannot be evicted without a valid reason and proper legal process, such as non-payment of rent or violation of the lease agreement. Tenants also have the right to withhold rent if necessary repairs are not made by the landlord.
Can a landlord raise the rent during a lease in Wyoming?
In Wyoming, a landlord cannot raise the rent during a lease unless the lease agreement specifically allows for it. If the lease is a fixed-term lease, the rent cannot be increased until the lease agreement expires and a new lease is signed. If the lease is a month-to-month lease, the landlord must give the tenant proper notice before increasing the rent. The notice period is typically 30 days, but it may vary depending on the lease agreement. If a tenant does not agree to the rent increase, they have the option to terminate the lease early or continue the lease at the original rent.
How long does a landlord have to return a deposit in Wyoming?
In Wyoming, landlords have 14 days after the tenant vacates the rental unit to return the security deposit. If there are damages to the unit, the landlord can deduct the cost of repairs from the deposit, but they are required to provide an itemized list of damages and costs within 14 days as well. If the deposit is not returned within 14 days, the landlord is liable for a penalty of twice the deposit amount.
It’s important to note that the tenant should provide a forwarding address to the landlord, otherwise the landlord is not liable to return the deposit.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.