Warranty of Habitability in Wyoming

Last Updated: August 20, 2023 by Elizabeth Souza

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.

Quick Facts Answer
Landlord Responsibilities Cold/Hot Water, Heat Only, Plumbing, Electrical
Time Limit for Repairs “Reasonable” Time Frame
Tenant Recourse Options
  • Withhold Rent: No
  • Repair & Deduction: No

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?
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 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 Yes
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.

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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.