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Wyoming Roommate Agreement

The Wyoming rules that shape the document: landlord permission to add an occupant, no lodger law, and no default rule on rent liability or deposit splitting between roommates.

Find out where you stand in Wyoming

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Introduction

A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Wyoming, the statute runs in the opposite direction from states that give tenants a right to add a roommate: a renter may not increase the number of occupants above that specified in the rental agreement without the landlord's written permission (W.S. 1-21-1204(a)(v)). Wyoming has no lodger statute, so removing an unwanted roommate still requires the landlord to pursue a formal eviction. Wyoming also has no statute on joint-and-several rent liability, splitting a security deposit among roommates, or classifying an added roommate as a co-tenant versus a subtenant, so the written agreement, together with the lease, is what actually governs those questions. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.

Key Things to Know

  1. 1

    Wyoming statutorily bars a renter from increasing the number of occupants above that specified in the rental agreement without the owner's written permission (W.S. 1-21-1204(a)(v)). This runs the opposite direction from a state that gives tenants a right to add a roommate: in Wyoming, get that written permission before a new roommate moves in.

  2. 2

    Wyoming has no lodger law. The Residential Rental Property Act defines 'renter' broadly, with no separate lodger or roomer category and no lighter removal process for a co-occupant (W.S. 1-21-1201(a)(iii)). Only the landlord can remove an occupant, and only through the general forcible entry and detainer statute, W.S. 1-21-1001 et seq.

  3. 3

    No Wyoming statute sets a default rule on whether roommates are jointly and severally liable for rent to the landlord. The lease controls, and the roommate agreement should state each person's payment share explicitly rather than assume Wyoming law fills the gap.

  4. 4

    No Wyoming statute addresses how roommates split a security deposit refund among themselves. W.S. 1-21-1208(a) directs the deposit balance to 'the renter' as a single addressee and governs only the landlord-to-renter return, not a division among co-tenants.

  5. 5

    No Wyoming statute classifies an added roommate as a co-tenant on the lease or a subtenant of the original tenant. That status depends on the paperwork with the landlord; what is certain either way is that the landlord's written permission is required before the occupant count increases.

  6. 6

    Wyoming's Fair Housing Act (W.S. 40-26-101 et seq.) exempts an owner-occupier's shared-living selection from most of the Act's provisions, but that exemption does not reach the anti-discriminatory-advertising provision, so a roommate ad may not state a discriminatory preference even in an exempt owner-occupied home.

  7. 7

    Wyoming's protected-class list mirrors the federal list exactly, race, color, religion, sex, disability, familial status, and national origin, with no state additions, and its own definitions section excludes sexual orientation from the Act's disability coverage.

Key decisions before you file

Before you file a Roommate Agreement in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

Open the Roommate Agreement guide

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Wyoming Requirements for Roommate Agreement

  • Wyoming Landlord Written Permission Before Adding an Occupant

    Wyoming Statutes Section 1-21-1204(a)(v) bars a renter from increasing the number of occupants above that specified in the rental agreement without the owner's written permission. Confirm that permission before treating a new occupant as a roommate under this agreement.

  • Wyoming Agreement Does Not Bind the Landlord

    State plainly that the roommate agreement is a contract between the roommates only, does not modify the lease, and does not obligate the landlord, since Wyoming has no statute that would otherwise give it that effect.

  • Wyoming Removal Requires Formal Eviction, Not Self-Help

    Wyoming has no lodger law and no lighter removal process for a co-occupant. State clearly that only the landlord, through the general forcible entry and detainer process (W.S. 1-21-1001 et seq.), can remove an occupant, and that roommates may not use self-help against one another.

  • Wyoming Has No Default Rule on Joint Rent Liability

    No Wyoming statute sets a default rule on joint-and-several liability for rent among roommates. Draft the payment clause to state each roommate's share explicitly rather than relying on an assumed Wyoming default.

  • Wyoming Has No Statutory Deposit-Apportionment Rule

    W.S. 1-21-1208(a) directs the deposit balance to the renter as a single addressee, with no statutory division among roommates. The agreement should set out how a shared deposit is divided when a roommate moves out.

  • Wyoming Fair Housing Advertising Rule for Roommate Selection

    The Wyoming Fair Housing Act's owner-occupied shared-living exemption does not extend to the ban on discriminatory advertising in W.S. 40-26-104. Roommate ads may not discriminate based on race, color, religion, sex, disability, familial status, or national origin even in an exempt home.

Frequently Asked Questions

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