Quick Facts | Answer |
Acceptable Deductions | Unpaid rent
Costs of damage Charges outlined in lease Cleaning costs |
Return Deadline | 15 to 60 days |
Itemized Deductions | Required |
Penalty for Late Return | Deposit + Court Costs |
For laws on security deposit collections and holdings in Wyoming, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Wyoming
Wyoming allows these deductions from a security deposit:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Other charges as outlined in the lease
- Cleaning costs
Most states, including Wyoming, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant, plus 10% annual interest.
What is Considered Normal Wear and Tear in Wyoming?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Wyoming?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Wyoming?
Wyoming landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Wyoming?
Wyoming law allows landlords to charge for cleaning costs limited to bringing the unit back to its original condition at the start of the lease, excluding normal wear and tear. If specified in the lease agreement, landlords can also make deductions for non-refundable cleaning charges.
Can the Landlord Charge for Painting in Wyoming?
Wyoming landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Can a Security Deposit Be Used for Last Month’s Rent in Wyoming?
Wyoming law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Returns in Wyoming
Landlords must return a security deposit within 15 days after the tenant provides a forwarding address or within 30 days after the lease term ends, whichever is later. If the landlord intends to make deductions for physical damages, the deadline is extended by 30 days. Landlords must provide an itemized statement of deductions.
How Long Do Landlords Have To Return Security Deposits in Wyoming?
If there is no physical damage to the rental unit, Wyoming landlords have 15 or 30 days to return any remaining portion of a security deposit, whichever is later:
- 15 days after the tenant provides a forwarding address; or
- 30 days after the lease term ends
If there is damage to the rental unit, the time period is extended by 30 days. Thus, landlords have 45 or 60 days to return any portion of the security deposit that remains after the landlord makes deductions, whichever is later:
- 45 days after the tenant provides a forwarding address; or
- 60 days after the lease term ends
Tenants have up to 30 days after the lease term ends to provide a forwarding address.
Do Landlords Owe Interest on Security Deposits in Wyoming?
Unlike in some states, such as New Jersey, landlords in Wyoming do not owe interest on security deposits.
How Do Landlords Give Notice in Wyoming?
Written notice must be mailed or hand-delivered to the tenant’s forwarding address and must include the amount of the security deposit due, if any, to the tenant, plus an itemized statement of deductions, if any.
Security Deposit Disputes in Wyoming
If landlords do not return the security deposit within the required time period, tenants can file for damages in court up to the full amount of the deposit plus court costs.
Tenants can also take legal action against a landlord for:
- Failure to provide an itemized statement when deductions are made
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Wyoming?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $6,000. If the amount is greater, the tenant must file a regular civil case in the local Circuit Court.
A small claims case must be filed within 8 or 10 years depending on whether the lease agreement was oral or written. An attorney is not required but permitted.
Cases are filed in the Small Claims Court in the county where the defendant lives or where the rental property is located. The filing fee is $10 plus the cost of service on the defendant.
Sources
- 1 Wyo. Stat. § 1-21-1208(a)
-
Upon termination of the rental agreement, property or money held as a deposit may be applied by the owner or his agent to the payment of accrued rent, damages to the residential rental unit beyond reasonable wear and tear, the cost to clean the unit to the condition at the beginning of the rental agreement and to other costs provided by any contract. The balance of any deposit and prepaid rent and a written itemization of any deductions from the deposit together with reasons therefor, shall be delivered or mailed without interest to the renter within thirty (30) days after termination of the rental agreement or within fifteen (15) days after receipt of the renter’s new mailing address, whichever is later. If there is damage to the residential rental unit, this period shall be extended by thirty (30) days. The renter shall within thirty (30) days of termination of the rental agreement, notify the owner or designated agent of the location where payment and notice may be made or mailed.
Source Link - 2 Wyo. Stat. § 1-21-1211
-
If the renter damages the rental property, the owner may apply any property or money held as a deposit to the payment of damages as provided in W.S. 1-21-1208(a) and the renter shall remain liable for any damages beyond the damages paid by the deposit, plus interest at ten percent (10%) per annum on any unpaid amounts. The owner may take any legal action available to recover damages caused to the unit by the renter.
Source Link
- 3 Wyo. Stat. § 1-21-1208(c)
-
If the owner of a residential rental unit or his agent unreasonably fails to comply with subsection (a) or (b) of this section, the renter may recover the full deposit and court costs. In an action by a renter pursuant to this section, if the owner is the prevailing party and the court finds the renter acted unreasonably in bringing the action, the owner may be awarded court costs in addition to any other relief available.
Source Link
- 4 Wyo. Stat. § 1-21-201
-
In the trial of civil cases before any circuit court in which the amount claimed, exclusive of costs, does not exceed six thousand dollars ($6,000.00), the procedure is as defined in W.S. 1-21-201 through 1-21-205. The department of revenue may consolidate claims for collection of taxes against a single taxpayer into a single case under the procedures in W.S. 1-21-201 through 1-21-205 subject to specified dollar limitations.
Source Link