Landlords in Wyoming must be familiar with the state’s legal requirements when dealing with abandoned property. Under Wyoming law, landlords have specific obligations when a tenant abandons the rental unit, including handling personal property left behind, following required notice procedures, and mitigating damages by re-renting the property. This guide will walk you through the legal processes and help ensure your actions comply with Wyoming state law.
How to Recognize Property Abandonment in Wyoming?
Wyoming law allows landlords to assume property is abandoned if certain conditions are met. Signs of abandonment include:
- Return of Keys: If a tenant returns the keys or any access devices (like fobs or parking permits), this is a clear indication that the tenant has vacated the property.
- Substantial Removal of Personal Belongings: When a tenant removes most of their personal property from the rental, it’s a sign they may have permanently left.
- Notice from the Tenant: A written notice or verbal communication from the tenant indicating their intent to vacate is an obvious sign of abandonment.
- Extended Absence with Unpaid Rent: If the tenant has been absent for an extended period without paying rent, it suggests that the property may have been abandoned. Wyoming law presumes abandonment if rent is overdue for a period (typically 15 days).
*According to Wyoming law, Wyoming Statutes Title 34, Chapter 24 governs abandonment and the responsibilities of both landlords and tenants.
Notice Requirements for Wyoming Landlords
Providing Notice to the Tenant
Once abandonment is presumed, landlords must provide notice to the tenant. Wyoming Code §34-24-118 outlines the requirements for providing notice of abandonment.
- Timeline for notifying tenants of presumed abandonment: The landlord must deliver a written notice to the tenant within 5 days of determining abandonment. This notice must specify the tenant's property is considered abandoned and the date by which the tenant must respond.
- Legal requirements for delivering notice: The notice should be sent via certified mail to the tenant’s last known address or delivered personally. The tenant must have a minimum of 10 days to respond or claim their property.
Source: Wyoming Statutes - §34-24-118 Wyoming Statutes Online
Notice Period
- Tenants are given ten days to respond or claim their property: After the notice is delivered, the tenant has 10 days to contact the landlord, reclaim their belongings, or make arrangements for removal.
- Consequences of no tenant response: If the tenant does not respond within the designated time, the property may be considered abandoned, and the landlord may dispose of or sell the tenant’s belongings according to the law.
Handling Personal Property Left Behind
Landlords must handle tenant property left behind in accordance with Wyoming law, which distinguishes between valuable and non-valuable items.
Steps for Managing Abandoned Personal Property
- Inventorying and documenting items: Landlords must create a detailed inventory of any items left behind. This documentation is critical for protecting the landlord against future legal disputes.
- Storage requirements for personal property: While there is no explicit requirement for how long the landlord must store the property, it is recommended to store the property for a reasonable amount of time (at least 15 days) to allow the tenant to retrieve it. If the property has significant value, landlords are advised to take extra precautions to ensure it’s not damaged during storage.
- Differentiating between valuable and non-valuable items: Wyoming law does not specify what constitutes “valuable” property. As a rule of thumb, any item that has an obvious value (e.g., electronics, furniture) should be stored and treated with more care than items that appear to be of little value (e.g., old clothes, broken furniture).
Alt: take legal steps to manage personal items left behind
Disposal or Sale of Property:
If the property is not claimed by the tenant within the specified notice period:
- Disposal of property: The landlord may dispose of items that are of little or no value.
- Selling property: If the personal property is deemed valuable, landlords may sell the items to recoup some of the damages. The landlord must provide a clear notice to the tenant about the sale or disposal of the property and allow the tenant time to reclaim their property.
- Legal protections for landlords: Wyoming law protects landlords from liability for disposing of or selling abandoned property as long as they follow the proper procedures, including providing notice to the tenant and making reasonable efforts to store the property for the required time period.
Mitigating of Damages and Re-Renting the Property
Once a rental property is abandoned, Wyoming landlords are required to make reasonable efforts to re-rent the property. According to Wyoming Statute §34-24-118, landlords are obligated to minimize damages by attempting to lease the property at fair market value.
- Reasonable efforts to re-rent: This may include advertising the property, showing it to prospective tenants, and adjusting rent based on market conditions. Failure to take reasonable steps to mitigate damages can result in a reduction of the landlord’s recovery from the tenant, especially if the rental agreement is not terminated in a timely manner.
Bottom Line
Handling abandoned property can be a complex legal issue for landlords in Wyoming. By following the proper notice procedures, managing abandoned property according to Wyoming law, and taking steps to mitigate damages, landlords can protect themselves and their property. Always consult legal resources, such as Wyoming Statutes Title 34, Chapter 24 for up-to-date legal requirements, and seek legal advice if you have any doubts about your responsibilities.
