The Wyoming sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Wyoming?
Tenants do have to get the landlord’s explicit written permission to sublet in Wyoming. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for being unwilling to complete a background check or having no rental history.
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Standardized Wyoming Sublease Agreements
A standard form can be used in Wyoming to create a sublease. Here’s what is generally included in a Wyoming sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Termination: Show the date for the end of the sublease.
- Rental Unit Location – The address for the rental unit as described in the master lease.
- Sublease Area: Describe the sublease area such as a room, basement apartment, or entire unit.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Landlord’s Consent – This section describes how the landlord is asked to give permission (if permission is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Master Lease Inclusion – A copy of the original is attached to the sublease. If any exceptions in the original lease are not included they should be clearly stated in this section.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Authorized Occupants – This identifies the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
- Notices: Describe how any legal notices should be delivered to the parties.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages that impact the landlord as stated in the master lease agreement.
- Security Deposit – The security deposit is held by the Sublessor (not the landlord). There is no limit on how much a landlord can collect for a security deposit in Wyoming.
- Return of Security Deposit – 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.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease such as appliances or furniture.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Utility Sharing: If any utilities or other expenses are shared, show the allocation methods between the parties.
- Parking Policy – A description of where the subtenant and any guests can park on the property, including any fees.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Contact Information: Include the contact information of the tenant (“sublessor”), the sublessee, and the landlord.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease in Wyoming
In Wyoming, a sublessor may be subject to state and local taxes if they sublet for 30 days or less. For example, in Jackson Hole, taxes may include:
- Wyoming State Sales Tax – 4%
- Wyoming State Lodging Tax – 5%
