Wyoming
ARTICLE 12
RESIDENTIAL RENTAL PROPERTYDefinitions:
1-21-1201
(a) As used in this article:
(i) "Owner" means the owner, lessor or sublessor
of a residential rental unit and for purposes of notice and other
communication required or allowed under this article,
"owner" includes a managing agent, leasing agent or
resident manager unless the agent or manager specifies otherwise in
writing in the rental agreement;
(ii) "Rental agreement" means any agreement,
written or oral, which establishes or modifies the terms,
conditions, rules or any other provisions regarding the use and
occupancy of a residential rental unit;
(iii) "Renter" means any renter, lessee, tenant
or other person entitled under a rental agreement to occupy a
residential rental unit to the exclusion of others;
(iv) "Residential rental unit" means a renter's
principal place of residence and includes the appurtenances,
grounds, common areas and facilities held out for the occupancy of
the residential renter generally and any other area or facility
provided to the renter in the rental agreement, excluding a mobile
home lot or recreational property rented on an occasional basis;
(v) "Termination" means the lawful ending or
cessation of a rental agreement for any reason including expiration
of the rental period, voluntary termination by mutual agreement of
the parties, termination in accordance with W.S. 1-21-1203(d),
abandonment of the leased premises by the renter prior to expiration
of the rental period or termination resulting from court order.
Duties of owners and renters; generally: 1-21-1202
(a) Each owner and his agent renting or leasing a
residential rental unit shall maintain that unit in a safe and
sanitary condition fit for human habitation. Each residential rental
unit shall have operational electrical, heating and plumbing, with
hot and cold running water unless otherwise agreed upon in writing
by both parties.Provided, however, this section shall not prevent
the rental of seasonal rental units such as summer cabins which are
not intended to have such amenities.
(b) Each renter shall cooperate in maintaining his
residential rental unit in accordance with this article.
(c) This article does not apply to breakage, malfunctions
or other conditions which do not materially affect the physical
health or safety of the ordinary renter.
(d) Any duty or obligation in this article may be assigned
to a different party or modified by explicit written agreement
signed by the parties.
Owner's duties; notice by renter of noncompliance; duty to
correct; exceptions; termination of rental agreement; liability
limited: 1-21-1203
(a) To protect the physical health and safety of the
renter, each owner shall:
(i) Not rent the residential rental unit unless it is
reasonably safe, sanitary and fit for human occupancy;
(ii) Maintain common areas of the residential rental unit
in a sanitary and reasonably safe condition;
(iii) Maintain electrical systems, plumbing, heating and
hot and cold water; and
(iv) Maintain other appliances and facilities as
specifically contracted in the rental agreement.
(b) If the renter is current on all payments required by
the rental agreement and has reasonable cause supported by evidence
to believe the residential rental unit does not comply with the
standards for health and safety required under this article, the
renter shall advise the owner in writing of the condition and
specify the remedial action the renter requests be taken by the
owner. Within a reasonable time after receipt of this notice,
the owner shall either commence action to correct the condition of
the residential rental unit or notify the renter in writing that the
owner disputes the renter's claim. The notices required by
this subsection shall be served by certified mail or in the manner
specified by W.S. 1-21-1003.
(c) The owner shall not be required to correct or remedy
any condition caused by the renter, the renter's family or the
renter's guests or invitees by inappropriate use or misuse of the
property during the rental term or any extension of it.
(d) The owner may refuse to correct the condition of the
residential rental unit and terminate the rental agreement if the
costs of repairs exceeds an amount which would be reasonable in
light of the rent charged, the nature of the rental property or
rental agreement. If the owner refuses to correct the condition and
intends to terminate the rental agreement, he shall notify the
renter in writing within a reasonable time after receipt of the
notice of noncompliance and shall provide the renter with sufficient
time to find substitute housing, which shall be no less than ten
(10) days nor more than twenty (20) days from the date of the
notice. If the rental agreement is terminated, the rent paid
shall be prorated to the date the
renter vacates the unit and any balance shall be refunded to the
renter along with any deposit due in accordance with W.S. 1-21-1208.
(e) The owner is not liable under this article for claims
for mental suffering or anguish.
Renter's duties: 1-21-1204
(a) Each renter shall:
(i) Maintain the residential rental unit occupied in a
clean and safe condition and not unreasonably burden any common
area;
(ii) Dispose of all garbage and other waste in a clean and
safe manner;
(iii) Maintain all plumbing fixtures in a condition as
sanitary as the fixtures permit;
(iv) Use all electrical, plumbing, sanitary, heating and
other facilities and appliances in a reasonable manner;
(v) Occupy the residential rental unit in the manner for
which it was designed and shall not increase the number of occupants
above that specified in the rental agreement without written
permission of the owner;
(vi) Be current on all payments required by the rental
agreement;
(vii) Comply with all lawful requirements of the rental
agreement between the owner and the renter; and
(viii) Remove all property and garbage either owned or
placed within the residential rental unit by the renter or his
guests prior to termination of the rental agreement and clean the
rental unit to the condition at the beginning of the rental
agreement.
Prohibited acts by renter: 1-21-1205
(a) No renter shall:
(i) Intentionally or negligently destroy, deface, damage,
impair or remove any part of the residential rental unit or
knowingly permit any person to do so;
(ii) Interfere with another person's peaceful enjoyment of
the residential property; or
(iii) Unreasonably deny access to, refuse entry to or
withhold consent to enter the residential rental unit to the owner,
agent or manager for the purpose of making repairs to or inspecting
the unit, and showing the unit for rent or sale.
Renter's remedies; notice to owner or agent; judicial remedy;
rights under termination of rental agreement: 1-21-1206
(a) The remedies set forth in this section are available
to a renter in compliance with all provisions of W.S. 1-21-1204 and
1-21-1205 when the rental agreement has not been lawfully terminated
pursuant to W.S. 1-21-1203(d).
(b) If a reasonable time has elapsed after the renter has
served written notice on the owner under W.S. 1-21-1203 and the
owner has failed to respond or to correct the condition described in
the notice, the renter may cause a "notice to repair or correct
condition" to be prepared and served on the owner by certified
mail or in the manner specified by W.S. 1-21-1003. This notice
shall:
(i) Recite the previous notice served under
W.S.1-21-1203(b);
(ii) State the number of days that have elapsed since the
notice was served and that under the circumstances the period of
time constitutes the reasonable time allowed under W.S.
1-21-1203(b);
(iii) State the conditions included in the previous notice
which have not been corrected;
(iv) Demand that the uncorrected conditions be corrected;
and
(v) State that if the owner fails to commence reasonable
corrective action within three (3) days he will seek redress in the
courts.
(c) If the owner has not corrected or used due diligence
to correct the conditions following notice under this section, or if
the owner has notified the renter that the claim is disputed, the
renter may commence a civil action in county or justice of the peace
court. The court
shall endorse on the summons the number of days within which the
owner is required to appear and defend the action, which shall not
be less than three (3) nor more than twenty (20) days from the date
of service. Upon a showing of an unreasonable refusal to correct or
the failure to use due diligence to correct a condition described in
this article, the renter may be awarded costs, damages and
affirmative relief as determined by the court. Damages awarded to
the renter may include rent improperly retained or collected.
Affirmative relief may include a declaration terminating the rental
agreement, or an order directing the owner to make reasonable
repairs.
(d) If the court terminates the rental agreement pursuant
to subsection (c) of this section, the renter is entitled to
receive a refund of the balance of the rent and the deposit on the
rental unit within thirty (30) days of the date the agreement is
ordered terminated. The renter shall be required to vacate the
rental unit no sooner than ten (10) days nor later than twenty (20)
days after termination of the rental agreement by a court.
Required notice of nonrefundable deposit: 1-21-1207
Any rental agreement shall state whether any portion of a
deposit is nonrefundable and written notice of this fact shall also
be provided to the renter at the time the deposit is taken by the
owner or his designated agent.
Deductions from deposit; written itemization; time limits;
failure to give notice; recovery by renter; utilities deposit;
penalty: 1-21-1208
(a) Upon termination of the rental agreement, property or
money held as a deposit may be applied by the owner or his agent to
the payment of accrued rent, damages to the residential rental unit
beyond reasonable wear and tear, the cost to clean the unit to the
condition at the
beginning of the rental agreement and to other costs provided by
any contract. The balance of any deposit and prepaid rent and
a written itemization of any deductions from the deposit together
with reasons therefor, 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.
(b) After termination of the rental agreement, property or
money held and separately identified as a utilities deposit shall be
refunded by the owner to the renter within ten (10) days of a
satisfactory showing that all utility charges incurred by the renter
have been paid. Absent such showing within forty-five (45) days of
termination, the owner shall within fifteen (15) days thereafter,
apply the utilities deposit to the outstanding utility debt incurred
by the renter. Any refund due to the renter shall be paid within
seven (7) days after the utility deposit has been applied to the
renter's utility debt, or within fifteen (15) days after receipt of
the renter's new mailing address, whichever is later.
(c) If the owner of a residential rental unit or his agent
unreasonably fails to comply with subsection (a) or (b) of this
section, the renter may recover the full deposit and court costs. In
an action by a renter pursuant to this section, if the owner is the
prevailing party and the court finds the renter acted unreasonably
in bringing the action, the owner may be awarded court costs in
addition to any other relief available.
Holder of owner's interest bound by provisions: 1-21-1209
The holder of the interest of the owner or designated agent in
the residential rental unit at the time of termination of the rental
agreement shall be bound by the provisions of W.S. 1-21-1207 and
1-21-1208.
Possession of premises and disposition of personal
property abandoned by renter after termination of rental agreement:
1-21-1210
(a) Upon regaining lawful possession of the rental unit
following termination of the rental agreement, 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:
(i) The owner shall provide written notice to the renter
in accordance with this paragraph, 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. The notice
provided by the owner under this paragraph shall be deemed served:
(A) On the date the notice is mailed by certified mail to
the renter at an address furnished to the owner by the renter in
writing specifically for this purpose;
(B) On the date notice is served on the renter in
accordance with Rule 4 of the Wyoming Rules of Civil Procedure
provided a copy of the written notice is delivered to the individual
renter personally; or
(C) On the date the notice is published in a newspaper
published in the county or widely circulated in the county where the
residential rental unit is located.
(ii) If the owner does not receive a written response from
the renter within seven (7) days after service of notice under
paragraph (i) of this subsection, the property shall be conclusively
deemed abandoned and the owner may retain or dispose of the
property;
(iii) If the renter responds in writing to the owner on or
before seven (7) days after service of notice under paragraph (i) of
this subsection that he intends to take possession of the property,
the property shall be held for an additional period of seven (7)
days after the written response is received. If the renter
fails to take possession of the property within the additional
fifteen (15) day period, the property shall be conclusively deemed
abandoned and the owner may retain or dispose of the property.
(b) The owner is entitled to payment of storage costs for
the period the property remains in safekeeping plus the cost of
removal of the property to the place of storage. An owner shall be
allowed reasonable storage costs if he stores the property himself
or actual storage costs if the property is stored commercially.
Payment of storage costs shall be made before the renter removes the
property.
(c) The owner is not responsible for any loss to the
renter resulting from storage.
Owner's remedies; eviction; judicial remedies; damages: 1-21-1211
(a) If the renter does not vacate the premises as required
by a court order issued pursuant to W.S. 1-21-1001 et seq., the
sheriff may remove the renter's possessions and prevent the renter
from reentering the premises without further action by the court.
(b) If the renter damages the rental property, the owner
may apply any property or money held as a deposit to the payment of
damages as provided in W.S. 1-21-1208(a) and the renter shall remain
liable for any damages beyond the damages paid by the deposit, plus
interest at ten percent (10%) per annum on any unpaid amounts.
The owner may take any legal action available to recover damages
caused to the unit by the renter.
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