In Wyoming, a landlord’s obligation for providing a habitable living space is primarily governed by WY Stat. § 1-21-1202. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
Applicable Dwelling Types in Wyoming
The implied warranty of habitability in Wyoming does not apply to all types of dwellings. See the table below for which are and aren’t included.
|Dwelling Type||Landlord/Tenant Laws Apply?|
|RV parks||Not addressed|
|Mobile home parks||Not addressed|
Landlord Responsibilities in Wyoming
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|
Wyoming landlords shall maintain dwelling units and all common areas to be in a safe and sanitary condition for human habitation. If the dwelling unit is less than reasonably safe or unsanitary the landlord is prohibited from renting the unit.
Tenant’s Right to Repairs in Wyoming
Landlords are required to make and pay for any repairs so that the unit is livable. Landlords are not liable for any damaged caused by the tenant. The tenant must be current on all rent payments and has evidence that the dwelling unit is not in compliance with safety and health standards before asking the landlord for repairs.
- 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. Notice shall be sent via certified mail or by leaving a copy with the landlord.
- 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 in Wyoming
If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.
- Withhold Rent – Wyoming landlord tenant law does not allow tenants to withhold rent in response to habitability issues.
- Repair and Deduct – Tenants do not have the right to repair the issue themselves or deduct a reasonable amount for the repair from the following month’s rent.
- Lawsuit – If the landlord has not fixed the issue, the tenant may serve the landlord with a “notice to repair or correct condition” sent via certified mail. The notice must include the following: the previous notice, the number of days since notice was served (showing that a reasonable amount of time has passed), describe the issues that have not been corrected, demand that the issues be corrected, and finally state that if the landlord does not begin to correct the issue within three days the tenant will file a complaint with the court. Tenants may take legal action in Circuit Court for damages resulting from habitability issues.
- 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 in Wyoming
There is no state statute regarding landlord retaliation in Wyoming.