renters · Wyoming

How can I get my Wyoming residential security deposit back if the landlord is withholding it?

Under Wyoming law, after a tenancy ends a landlord may apply a deposit to unpaid rent, damages beyond reasonable wear and tear, and cleaning costs, but must return the balance and provide a written itemization of deductions within a set time. If the landlord unreasonably fails to follow those rules, the renter may be able to recover the full deposit and court costs. There are separate, faster rules for utility deposits. Many renters begin by asking the landlord for the itemized statement and refund in writing, and if that does not work, some pursue a small-claims or civil action to enforce the statutory timing and recovery remedies. The law binds the owner or the person holding the owner’s interest at the time the tenancy ends, and rental agreements must say if any portion of a deposit is nonrefundable.

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The deadline that matters

Landlord must deliver or mail the balance and written itemization within 30 days after termination, or within 15 days after receipt of renter's new mailing address; extended 30 days if there is damage Wyo. Stat. § 1-21-1208.

What Wyoming law says

The law generally says: a landlord may use a deposit for accrued rent, damage beyond reasonable wear and tear, and cleaning, and must deliver or mail the balance and a written itemization of deductions within thirty days after termination of the rental agreement or within fifteen days after receiving the renter's new mailing address, whichever is later; this period is extended by thirty days if there is damage to the unit, and the renter must notify the owner of where payment may be mailed within thirty days of termination Wyo. Stat. § 1-21-1208. Utility deposits have separate refund and application timelines Wyo. Stat. § 1-21-1208. The person holding the owner’s interest when the tenancy ends is bound by these rules Wyo. Stat. § 1-21-1209, and rental agreements must state whether any portion of a deposit is nonrefundable Wyo. Stat. § 1-21-1207. If an owner unreasonably fails to comply with the refund and itemization rules, the renter may recover the full deposit and court costs; if the owner prevails and the court finds the renter acted unreasonably in bringing the action, the owner may be awarded court costs Wyo. Stat. § 1-21-1208.

What to do

  1. A common first step is to send a written demand asking for the refund and the written itemization, stating your forwarding address.
  2. A common next step is to document move-out condition with photos and retain copies of the lease, receipts, and any communication about the deposit.
  3. A common option is to prepare a small-claims or civil action to enforce the statute if the landlord fails to comply within the statutory timeframes.
  4. A common alternative is to check whether the deposit was a utilities deposit and follow the faster refund or application rules for utility deposits.
  5. A common precaution is to review the lease for any clear statement that a portion of the deposit is nonrefundable.

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Common questions

What happens if the landlord does not give an itemized list or refund on time?
If the owner unreasonably fails to comply with the timing and itemization rules, the renter may recover the full deposit and court costs in an action under the statute Wyo. Stat. § 1-21-1208.
Does a landlord have to say if a deposit is nonrefundable?
Yes, rental agreements must state whether any portion of a deposit is nonrefundable and provide that written notice when the deposit is taken Wyo. Stat. § 1-21-1207.
Who is responsible if property ownership changes before the lease ends?
The person holding the owner’s interest in the unit at the time the tenancy ends is bound by the statutory provisions about deposits and itemizations Wyo. Stat. § 1-21-1209.
Are there special rules for utility deposits?
Yes, utility deposits held and separately identified have shorter refund and application timelines and a different schedule for refunds or application to outstanding utility debt Wyo. Stat. § 1-21-1208.

Grounded in current Wyoming law

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This page provides legal information only and does not give legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.