Wyoming legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
In Wyoming, every legal obligation between the landlord and the tenant can be changed or waived through a written agreement. None of the default standards apply if the written lease explicitly says otherwise.
Wyoming Implied Warranty of Habitability
In Wyoming, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like peeling carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Wyoming
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Smoke Only | No |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | No | No |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Usually |
| Clogs | N/A | Usually |
Landlord Responsibilities for Heating & Air Conditioning in Wyoming
Wyoming landlords must provide and maintain adequate heating for rental properties that don’t qualify as seasonal rentals (like summer cabins). They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Wyoming?
Wyoming landlords don’t have to maintain or replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Wyoming
Wyoming landlords are responsible for providing and maintaining operational plumbing, as long as the renter uses the plumbing fixtures in a sanitary and reasonable way.
Are Landlords Required To Provide Hot Water in Wyoming?
Wyoming landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Wyoming?
Wyoming landlords are responsible for fixing clogs the renter didn’t cause through inappropriate use of the property.
Are Landlords in Wyoming Responsible for Fixing Leaks?
Wyoming landlords are responsible for fixing leaks the renter didn’t cause through inappropriate use of the property.
Landlord Responsibilities for Kitchen Appliances in Wyoming
Wyoming landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Wyoming
Wyoming landlords are responsible for providing and maintaining electrical service, except relating to issues which are caused by the renter’s inappropriate use of the property.
Are Landlords Responsible for Replacing Light Bulbs in Wyoming?
Wyoming landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Wyoming
Wyoming landlords have no specific responsibility to provide or maintain garbage removal. While the landlord has a general obligation to keep the property sanitary, it’s the tenant’s specific job to make sure garbage on the property gets proper disposal.
Landlord Responsibilities for Landscaping in Wyoming
Wyoming landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Wyoming
Wyoming landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety, unless the renter caused the issue.
Landlord Responsibilities Regarding Pests in Wyoming
Wyoming landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Wyoming
Wyoming landlords have no specific responsibility to provide and maintain windows or window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Wyoming
Wyoming landlords are responsible for ensuring working smoke detectors are installed at the beginning of the lease.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Wyoming?
Wyoming landlords have no responsibility to replace safety device batteries once the landlord has confirmed that required smoke detectors are operational at the beginning of the lease.
Landlord Responsibilities for Washers and Dryers in Wyoming
Wyoming landlords are not required to furnish a washer or dryer.
Renter’s Rights for Repairs in Wyoming
Wyoming renters have the right to repairs for electricity, plumbing, hot and cold water, and other issues that affect health and safety, unless they caused the issue themselves or are behind on rent. The renter must notify the landlord about issues needing repair in writing only, following special delivery requirements.
If the landlord doesn’t fix the issue within a reasonable time after the first request, the renter must deliver a second written “notice to repair or correct” containing specific information. If the landlord doesn’t repair within three days of this second notice, the renter can sue.
Tenants are not allowed to withhold rent or repair and deduct in Wyoming.
Sources
- 1 Wy. Stat. § 1-21-1202(d) (2022)
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“Any duty or obligation in this article [the Wyoming Residential Rental Property Act] may be assigned to a different party or modified by explicit written agreement signed by the parties.”
Source Link - 2 Merrill v. Jansma, 86 P.3d 270, 287 (Wyo. 2004)
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“Given the legislature’s use of the conjunction ‘and’ in § 1-21-1203(a) and its delineation of the four specific duties constituting the owner’s general duty to provide safe, sanitary and fit premises, we are not persuaded that the duty imposed by the act is limited to providing electrical, heating and plumbing systems, and hot and cold water. We hold that the Residential Rental Property Act imposed a duty on landlords to provide and maintain premises in a safe and sanitary condition fit for human habitation.”
Source Link - 3 Wy. Stat. § 1-21-1202 (2022)
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“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.”
Source Link - 4 Wy. Stat. § 1-21-1203(a) (2022)
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“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.”
Source Link - 5 Wy. Stat. § 1-21-1204(a)(i) - (iv) (2022)
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“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[.]”
Source Link - 6 Wy. Stat. § 1-21-1203(c) (2022)
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“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.”
Source Link - 7 Wy. Stat. § 1-21-1203(b) (2022)
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“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 [‘by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found.’].”
Source Link - 8 Wy. Stat. § 1-21-1206(b) (2022)
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“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.”
Source Link - 9 Wy. Stat. § 1-21-1206(c) (2022)
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“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 circuit court.”
Source Link
