Wyoming Security Deposit Laws
Wyoming has no limit on how much a landlord can request as a security deposit. Expect to provide the equivalent of one or two months’ rent.
Written by Laura Salvas
Reviewed by Melanie Reiff
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When signing a new rental agreement in Wyoming, expect to hand over a security deposit equal to one or two months’ rent on top of paying your first month’s rent. There’s no limit on how much a landlord can request as a deposit, and you may be asked for a secondary deposit for utilities as well.
Wyoming is known as a landlord-friendly state, meaning most laws and rights favor the landlord over the tenant. That makes it more important than ever to know what rights you have when it comes to your security deposit.
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What is Wyoming law on security deposits?
Your landlord must return your security deposit at the end of your rental agreement, but they can keep all or some of the deposit if it's needed to pay for expenses outlined in Wyoming law or your lease.
Note that Wyoming law does allow landlords to request a nonrefundable security deposit so long as the fact that all or part is nonrefundable is in writing at the time the deposit is taken. Before you sign anything or hand over any money, be sure to read the fine print and confirm your security deposit will be returned to you at the end of your lease.
Rights of the landlord and tenant are set out in
Section 1-21-12 of Wyoming’s Code of Civil Procedure Statute
.What is the maximum security deposit a landlord can charge in Wyoming?
Wyoming does not have a cap on how much a landlord can request for a security deposit. Most landlords request the equivalent of one or two months’ rent, but the choice is theirs to make.
When renting, check if your city or town has any bylaws with respect to deposit limits. And if you feel the landlord is asking for too high a sum, trust your gut and look elsewhere if the required deposit doesn’t work for you.
How long does a landlord have to return a security deposit in Wyoming?
Your landlord must return the security deposit, minus any amounts legally withheld, within 30 days of the end of the rental agreement or within 15 days of receipt of the renter’s new mailing address, whichever comes later.
This period is extended by 30 days if there is any damage to the premises that must be assessed or repaired.
Note that you must inform your landlord of your new mailing address within 30 days of the end of your rental agreement for the security deposit to be mailed to you.
If you have paid a separate utilities deposit, the landlord must refund this to you within 10 days of the confirmation that all utility costs have been paid.
Without such confirmation, the landlord will hold the deposit for 45 days, then, within 15 days use the deposit to pay any accrued utilities debt. The balance will be returned to you within seven days of the utilities debt being paid or 15 days after receipt of your new address, whichever is later.
What can a landlord withhold a security deposit for in Wyoming?
A landlord can legally withhold all or a portion of the security deposit to cover the following expenses:
- Unpaid rent
- Damage to the premises (other than normal wear and tear)
- Cleaning the premises to the condition it was in at the start of the rental agreement
- Any other costs explicitly noted in the signed rental agreement or any separate legally binding agreement signed by both the tenant and the landlord.
Be sure to read the rental agreement carefully when handing over your security deposit. Ensure the deposit is refundable to you and that there are no unreasonable costs listed in your contract for which you don’t feel your deposit should be withheld.
Key Takeaway While in most cases your security deposit will be returned without issue, always read your contract carefully to ensure you are entitled to a security deposit refund.
How to get your security deposit back in Wyoming
When moving out, ensure your rent and utilities have all been paid, the property has been thoroughly cleaned, and any easy repairs are taken care of. The better condition the unit is when you leave, the better your chances of getting your deposit back! Also, be sure to give your landlord your new mailing address.
When you move into your home, take photos of any existing damage so this cannot be pinned on you later. Read the rental agreement in detail before signing to ensure your deposit will be refunded at the end of your lease and there are no unreasonable reasons to withhold funds noted.
If you have moved out and your landlord is refusing to return your refundable deposit for a reason you do not think is justified, you may have to take your landlord to small claims court.
It’s good practice to first send your landlord a letter, outlining your concerns in writing, citing any laws you believe they have broken, and noting you will take further action if your money is not refunded. Keep a copy of this letter and give your landlord a chance to respond. Equal Justice Wyoming has a template you can use.
If your landlord gives you part of your money back but not everything you believe you are entitled to, do not cash the check or you won’t be able to contest the landlord’s actions in court.
If you still do not receive everything you expect back from the landlord, your next stop will be
small claims court
. There will be a filing fee of $10. Equal Justice Wyoming has resources
on how best to proceed in court. MORE: How to find the best renters insurance
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FAQs
Can I represent myself in small claims court in Wyoming?
Yes! You are allowed a lawyer if you prefer one, but you can represent yourself to save on costs. Note you will need to gather and supply your own evidence to prove that your landlord has not repaid what you are owed.
What is a pet deposit in Wyoming?
On top of your security deposit, your Wyoming landlord can ask for a pet deposit if you have a pet. Note that if you have a service animal, you are not required to pay a pet deposit; however, if your service animal causes damage to the premises, you will be required to pay for the damages.
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