Costs of damage
Charges outlined in lease
|15 to 60 days
|Penalty for Late Return
|Deposit + Court Costs
For laws on security deposit collections and holdings in Wyoming, click here.
Security Deposit Deductions in Wyoming
In Wyoming, the following can be deducted from security deposits:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Other charges as outlined in the lease
- Cleaning costs
Most states, such as Wyoming, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable.
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 deterioration that occurs naturally as a result of the tenant using the property as it was designed to be used.
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Damage” means destruction to the rental unit that occurs because of abuse or negligence by a tenant during the course of the tenancy.
- 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?
Landlords can charge a tenant for nail holes if they damage the walls in a way that is not a result of ordinary enjoyment of the rental unit.
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?
In Wyoming, landlords can charge for painting, except for normal wear and tear. For example, if the tenant:
- Causes damage beyond normal wear and tear
- Repaints the wall but is not permitted to do so under the lease agreement
- Repaints the wall in an unprofessional way
Normal 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 normal use. 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 daysafter 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 forphysical 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.