When Is It Illegal for Landlords to Retaliate in Wyoming?
Wyoming landlords aregenerally allowed to retaliate against tenantsby 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.
What Can Tenants Do in Response in Wyoming?
Tenantscannot respond to retaliationunlessthe manner of retaliation substantially prevents the use of the property for its intended purpose. If this happens, the tenant canclaim constructive eviction and move out,which ends the lease. Evidence of the landlord’s retaliatory intention makes it easier to prove constructive eviction.
“As a rule, in order to constitute a constructive eviction, acts or omissions of a landlord in interference with his tenant’s use and enjoyment must indicate an intention on his part that the tenant shall no longer continue to hold and enjoy the demised premises.” Mileski v. Kerby, 57 Wyo. 109, 117 (Wyo. 1941) (quoting 36 C.J. 263 § 989) (See for clarificationScott v. Prazma, 555 P.2d 571, 580 (Wyo. 1976) (“[T]here must be an intent on the part of the landlord to deprive the tenant of the enjoyment and use of the premises before there can be a constructive eviction. That does not mean there must be an actual subjective intention in the mind of the landlord. It may be inferred from the character of the lessor’s acts if their natural and probable consequences are such as to deprive the lessee of the use and enjoyment of the leased premises.”)