Is it necessary to have a written rental agreement in Wyoming?
A lease or rental agreement can be either written or oral, however, agreements for rental periods exceeding 1 year MUST be in writing. A written agreement is always recommended, as it clearly sets out the terms of the tenancy and the rights and responsibilities of both parties.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord has the right to charge a security deposit. There is no limit on the amount of the deposit under State law, however, typically it would be 1 month's rent. The landlord is only required to pay interest on the deposit if the lease provides for it. If any portion of the deposit is non-refundable, the tenant must be notified of this at the time the deposit is paid.
Prior to moving out, the tenant must notify the landlord in writing where the security deposit is to be sent. At the end of the tenancy, the landlord must return the deposit (or the balance after any deductions) within 30 days, or 15 days after the landlord receives the tenant's new address in writing, whichever is later. If there is any damage to the rental property this period is extended another 30 days. The landlord may make deductions from the deposit for unpaid rent, damages to the unit (other than normal wear and tear), or cleaning fees if required, and must provide the tenant with a written statement setting out the details of all deductions.
When is the landlord allowed to increase the rent?
State law does not specify how much or how often a landlord can raise the rent.
How can a lease be terminated?
A lease for a fixed duration expires at the end of the term without notice from either party, unless the lease specifically states otherwise. A fixed term lease may also be terminated before its expiration date by the mutual agreement of both the landlord and the tenant. A month-to-month tenancy may be terminated by either party giving 1 month's written notice to the other party. A week-to-week tenancy requires 1 week's written notice.
Can a tenant sublet the premises?
State law does not deal with this issue. Most leases require the landlord's written consent before a tenant can sublet the rental unit.
When is the landlord permitted to enter the premises?
The landlord is permitted to enter the premises to inspect the unit, make repairs, or show the unit to prospective tenants or purchasers. The tenant cannot unreasonably deny access or withhold consent for the landlord to enter for these purposes.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for numerous reasons, including failure to pay the rent, breach of the rental agreement, failure to comply with the tenant's responsibilities as set out in the Wyoming Residential Rental Property Act, damage to the property, and disturbing other tenants or neighbors. The landlord must first give the tenant proper notice as set out in the Act, and if the tenant does not either move or correct the problem in the time set out in the notice, the landlord can proceed with an eviction action in court.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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