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.
|Cold/Hot Water, Heat Only, Plumbing, Electrical
|Time Limit for Repairs
|“Reasonable” Time Frame
|Tenant Recourse Options
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.
|Landlord/Tenant Laws Apply?
|Mobile home parks
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.
|Provide windows and doors that are in good repair.
|Ensure the roof, walls, etc., are completely waterproofed and there are no leaks.
|Provide hot and cold running water.
|Provide working HVAC equipment.
|Provide working plumbing and electrical wiring/outlets/ lighting.
|Provide working gas lines if used for utilities/cooking
|Provide working sanitation facilities (bathtub/shower, toilet).
|Provide a trash can (for trash pickup services).
|Ensure that any stairs and railings are safe.
|Ensure that all floors are in good condition and safe.
|Provide fire exits that are usable, safe, and clean.
|Ensure storage areas, including garages and basements, do not house combustible materials.
|Provide working smoke detectors
|Provide a mailbox.
|Provide working wiring for one telephone jack.
|Provide working kitchen appliances.
|Provide working carbon monoxide detector.
|Provide a working washer/dryer.
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.
Repairs, Recourse & Retaliation in Wyoming
If a rental property is in violation of the implied warranty of habitability in Wyoming, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are (or aren’t) protected against retaliating landlords.
Requesting Repairs in Wyoming
Wyoming tenants must request repairs by notifying the landlord of the issue in writing. The request must be either served personally, posted at the landlord’s residence or business office, or delivered via certified mail. The landlord can dispute the need for repairs by following the same service requirements.
If the landlord doesn’t dispute the need for repairs, he has a “reasonable” time to fix the issue. If the issue isn’t fixed, the tenant must (under the same service requirements) deliver a second written “notice to repair or correct condition” with detailed requirements; see the relevant statute for more information.
Renter’s Rights if Repairs Aren’t Made in Wyoming
Wyoming renters have the right to repairs for electricity, plumbing, and other health or safety issues, unless they caused the issue themselves or are behind on rent.
When an issue isn’t fixed within three days of a proper “notice to repair or correct” – note this is the second repair request required under Wyoming law – the renter can sue the landlord for costs and an injunction to force repairs. Withholding rent or repairing and deducting are not allowed. Read More
Landlord Retaliation in Wyoming
Wyoming landlords are generally allowed to retaliate against tenants by evicting or changing the terms of the tenancy in response to something the tenant does. If the response is legal in general, it’s still legal for a landlord to do even with a retaliatory intention.
Tenants cannot respond to retaliation unless the manner of retaliation substantially prevents the use of the property for its intended purpose. If this happens, the tenant can claim constructive eviction and move out, which ends the lease. Evidence of the landlord’s retaliatory intention makes it easier to prove constructive eviction.