Wyoming Security Deposit Demand Letter
In Wyoming a landlord must return your deposit and a written itemization within 30 days, or 15 days after you give a forwarding address, whichever is later. An owner who unreasonably fails to comply owes the full deposit plus court costs. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Wyoming tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. Under the Wyoming Residential Rental Property Act, the owner must deliver or mail the balance of the deposit, together with a written itemization of any deductions and the reasons for them, within 30 days after termination of the rental agreement or within 15 days after receiving the renter's new mailing address, whichever is later; if there is damage to the unit, this period is extended by another 30 days (Wyo. Stat. 1-21-1208(a)). The renter must, within 30 days of termination, notify the owner of the location where payment and notice may be made or mailed. A deposit may be applied only to accrued rent, to damage beyond reasonable wear and tear, to the cost to clean the unit to its condition at the beginning of the rental agreement, and to other costs provided by the contract (1-21-1208(a)). If the owner unreasonably fails to comply, the renter may recover the full deposit and court costs (1-21-1208(c)); Wyoming does not impose a doubling or trebling of the deposit. If the demand is ignored, a Wyoming tenant can sue in small claims court for up to $6,000, exclusive of costs (Wyo. Stat. 1-21-201), and the deadline to sue on a written lease is ten years (Wyo. Stat. 1-3-105). DocDraft builds your Wyoming security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Wyoming tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
- 2
The owner must deliver or mail the balance of the deposit and a written itemization of any deductions within 30 days after termination of the rental agreement, or within 15 days after receiving the renter's new mailing address, whichever is later, and this period is extended by 30 days if there is damage (Wyo. Stat. 1-21-1208(a)).
- 3
A deposit may be applied only to accrued rent, to damage to the unit beyond reasonable wear and tear, to the cost to clean the unit to its condition at the beginning of the rental agreement, and to other costs provided by the contract (Wyo. Stat. 1-21-1208(a)).
- 4
The owner may not charge the deposit for reasonable wear and tear, and any portion of a deposit is nonrefundable only if the rental agreement says so and the renter was given written notice of that fact when the deposit was taken (Wyo. Stat. 1-21-1208(a), 1-21-1207).
- 5
A written itemization of any deductions, together with the reasons for them, must be delivered or mailed to the renter with the balance of the deposit within the same period (Wyo. Stat. 1-21-1208(a)).
- 6
If the owner unreasonably fails to comply with the return and itemization requirement, the renter may recover the full deposit and court costs (Wyo. Stat. 1-21-1208(c)); Wyoming imposes no doubling or trebling of the deposit.
- 7
If the demand is ignored, a Wyoming tenant can sue in small claims court for up to $6,000, exclusive of costs (Wyo. Stat. 1-21-201); the deadline to sue on a written lease is ten years (Wyo. Stat. 1-3-105).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Wyoming Requirements for Security Deposit Demand Letter
30-Day Return and Itemization Deadline
A Wyoming owner must deliver or mail the balance of the deposit and a written itemization of any deductions within 30 days after termination of the rental agreement, or within 15 days after receiving the renter's new mailing address, whichever is later, extended by 30 more days if there is damage (Wyo. Stat. 1-21-1208(a)). Your demand letter should state that this deadline has passed.
Written Itemization of Deductions
An owner who keeps any part of the deposit must deliver or mail the renter a written itemization of the deductions, together with the reasons for them, along with the balance of the deposit, within the same period the deposit is due (Wyo. Stat. 1-21-1208(a)). A missing or vague itemization supports a demand for the full deposit.
Permitted Deductions
A Wyoming deposit may be applied only to accrued rent, to damage to the unit beyond reasonable wear and tear, to the cost to clean the unit to its condition at the beginning of the rental agreement, and to other costs provided by the contract (Wyo. Stat. 1-21-1208(a)). Deductions outside these categories can be disputed.
No Charge for Reasonable Wear and Tear
A Wyoming owner may not charge the deposit for reasonable wear and tear; deductible damage is limited to damage beyond reasonable wear and tear (Wyo. Stat. 1-21-1208(a)). Charges for normal use, such as worn carpet or faded paint, are improper.
Nonrefundable Portion Only If Disclosed
A portion of a Wyoming deposit is nonrefundable only if the rental agreement states that it is and the renter is given written notice of that fact when the deposit is taken (Wyo. Stat. 1-21-1207). Without that disclosure, a claimed nonrefundable charge does not bar your demand for the deposit.
Recovery of the Full Deposit and Court Costs
If a Wyoming owner unreasonably fails to comply with the return and itemization requirement, the renter may recover the full deposit and court costs (Wyo. Stat. 1-21-1208(c)). Wyoming imposes no doubling or trebling of the deposit, but an unreasonable refusal can add your court costs to what the owner owes.
Give Your Mailing Address and Send With Proof of Delivery
Within 30 days of termination, a Wyoming renter must notify the owner of the location where payment and notice may be made or mailed (Wyo. Stat. 1-21-1208(a)). Send the demand using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record for a later small claims filing.
Small Claims Limit and Deadline to Sue
If the demand is ignored, a Wyoming tenant may sue in small claims court for up to $6,000, exclusive of costs (Wyo. Stat. 1-21-201). The deadline to sue on a written lease is ten years (Wyo. Stat. 1-3-105), though filing promptly after the demand is the practical course.