Wyoming
Habitability Laws

QUICK FACTS
  • Landlord Responsibilities. Maintain all electrical, plumbing and heating systems in good working condition (read more).
  • Making Repairs. Landlords are required to make and pay for repairs for items under their responsibility. They must do so within a “reasonable time” after receiving a written request from tenants (read more).
  • Tenant Options. If repairs aren’t made in a timely manner, tenants can’t withhold rent or repair and deduct, but they can report the issue to a public official or file a lawsuit (read more).
  • Retaliation. If a landlord is reported to a local city or county inspector for housing code violations, it is illegal for a landlord to retaliate, such as by threatening eviction (read more).

The implied warranty of habitability in Wyoming does not apply to all types of dwellings. See the table below for which are & aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs Not addressed
RV parks Not addressed
Mobile home parks Not addressed
Condos Not addressed
Hotels/Motels Not addressed

Landlord Responsibilities

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Wyoming, as indicated below.

Note: some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Not addressed
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Not addressed
Provide hot and cold running water. Yes
Provide working HVAC equipment. Heat only
Provide working plumbing and electrical wiring/outlets/ lighting. Yes
Provide working gas lines if used for utilities/cooking Not addressed
Provide working sanitation facilities (bathtub/shower, toilet). Not addressed
Provide a trash can (for trash pickup services). Not addressed
Ensure that any stairs and railings are safe. Not addressed
Ensure that all floors are in good condition and safe. Not addressed
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Not addressed
Provide a mailbox. Not addressed
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. Not addressed
Provide working carbon monoxide detector. Not addressed
Provide a working washer/dryer. Not addressed

Making Repairs

Landlords are required to make and pay for any repairs to make the unit livable that are not caused by the tenant.

  • Sending notice. If a tenant request repairs, they must put their request in writing to the landlord. The landlord will then have a “reasonable” time period to make any necessary repairs after receiving written notice.
  • Landlord access. Tenants are required to give the landlord access to the property to make necessary repairs.

Tenant’s Options if Repairs Aren’t Made

If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.

  1. Withhold rent – Wyoming landlord tenant law does not allow tenants to withhold rent in response to habitability issues.
  2. Repair and deduct – tenants do not have the right to repair the issue themselves and deduct a reasonable amount for the repair from the following month’s rent.
  3. Lawsuit – tenants do have the right to take legal action for damages resulting from habitability issues, but only after sending a second written notice via certified mail giving the landlord three days to respond.
  4. Reporting to Public Officials – landlords can be reported on a city or county level to housing inspectors if they are found to be in violation of any local housing codes.

Landlord Retaliation

Under Wyoming law, landlords are not permitted to increase rent in retaliation against a tenant for exercising a legal right, such as filing a legitimate complaint to a local housing authority concerning their tenancy.

Sources