Wyoming Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   A Wyoming abandoned tenant property notice is the owner's written notice under W.S. 1-21-1210(a)(i). It must describe the property claimed to be abandoned and state that the property shall be disposed of after seven (7) days from the date of service unless the renter or his agent, within that period, takes possession or notifies the owner in writing of the intent to take possession. The statute prints no form; those two elements are its required contents.

2. 2

   The procedure starts when the owner regains lawful possession following termination of the rental agreement. Article 12 defines termination broadly: expiration of the rental period, voluntary termination by mutual agreement, abandonment of the premises by the renter before the period ends, or termination resulting from court order. A mobile home lot and recreational property rented on an occasional basis are outside the definition of a residential rental unit.

3. 3

   Wyoming presumes that any property remaining in the unit after termination is both valueless and abandoned. On regaining lawful possession, the owner may immediately dispose of trash and of property the owner reasonably believes to be hazardous, perishable or valueless and abandoned. Anything valuable may be removed from the unit, but from then on it must go through the notice procedure.

4. 4

   Service fixes the start of the seven days, and the statute lists exactly three ways it is deemed served: on the date of mailing by certified mail to an address the renter furnished to the owner in writing specifically for this purpose; on the date of service under Rule 4 of the Wyoming Rules of Civil Procedure, provided a copy is delivered to the renter personally; or on the date of publication in a newspaper published in, or widely circulated in, the county where the unit is located.

5. 5

   If no written response arrives within seven days after service, the property is conclusively deemed abandoned and the owner may retain or dispose of it. If the renter responds in writing within the seven days, the property is held for an additional period of seven (7) days after the response is received. The next sentence of the statute then refers to the additional fifteen (15) day period, so the two figures do not match; holding for the longer period, or getting attorney review, avoids relying on the shorter one.

6. 6

   The owner is entitled to storage costs for the period the property remains in safekeeping, plus the cost of removing it to the place of storage. Reasonable storage costs apply where the owner stores it personally; actual costs apply where it is stored commercially. Payment shall be made before the renter removes the property, and the owner is not responsible for any loss to the renter resulting from storage.

7. 7

   Several things are not addressed in W.S. 1-21-1210: no dollar threshold, no public sale procedure, no rule on proceeds or any surplus, and no carve-out for papers or photographs. Once the property is conclusively deemed abandoned the section speaks only of the owner retaining or disposing of it. Attorney review is available where the value of the goods or the timeline is in doubt.

Wyoming Requirements for Abandoned Tenant Property Notice

• Termination and Lawful Possession

  Record how the rental agreement terminated (expiration, mutual agreement, abandonment before the period ended, or court order) and the date you regained lawful possession of the unit. W.S. 1-21-1210 applies from that point, and only to a residential rental unit, which excludes a mobile home lot or recreational property rented on an occasional basis.

• Trash, Hazardous, Perishable or Valueless Items

  The owner may immediately dispose of trash and property reasonably believed to be hazardous, perishable or valueless and abandoned once lawful possession is regained. Photograph and list what went and why, because the belief has to be reasonable. Anything of value goes into safekeeping and through the notice.

• Description of the Property Claimed to Be Abandoned

  W.S. 1-21-1210(a)(i) requires the written notice to describe the property claimed to be abandoned. An item-by-item list, matched to photographs taken at removal, lets the renter identify what is held and supports the record if a dispute follows.

• The Seven-Day Statement

  The notice must state that the property shall be disposed of after seven (7) days from the date of service if the renter or his agent does not, within that period, take possession or notify the owner in writing of the intent to take possession. Use the statute's wording so both options open to the renter are plain.

• A Deemed-Service Route

  Choose one of the three routes in (a)(i)(A) to (C): certified mail to an address the renter furnished in writing specifically for this purpose, service under Rule 4 of the Wyoming Rules of Civil Procedure with a copy delivered personally, or publication in a newspaper published or widely circulated in the county. Keep the receipt, return or affidavit of publication.

• Storage and Removal Costs

  The owner is entitled to storage costs for the period in safekeeping plus the cost of removing the property to storage: reasonable costs if self-stored, actual costs if stored commercially. Payment is due before the renter removes the property. Keep invoices so the figure can be shown.

• Handling a Written Response

  A written response within seven days stating intent to take possession extends the hold. Paragraph (a)(iii) says an additional seven (7) days after the response is received, then refers to the additional fifteen (15) day period. The statute does not reconcile the two; holding to the later date or getting attorney review avoids acting early.

• A Record of What Was Retained or Disposed Of

  Once the property is conclusively deemed abandoned, the statute lets the owner retain or dispose of it and sets no sale or proceeds rule. Record the date the period ended, what was kept, sold or discarded, and when. Under subsection (c) the owner is not responsible for loss resulting from storage.