Security Deposit Demand Letter — Wyoming

DEMAND FOR RETURN OF SECURITY DEPOSIT

Under Wyoming Statutes §§ 1-21-1207 and 1-21-1208

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS U.S. MAIL

Date: [__/__/____]

To:
[________________________________]
[________________________________]
[________________________________]

From (Tenant/Counsel):
[________________________________]
[________________________________]
[________________________________]

RE: FORMAL DEMAND — RETURN OF SECURITY DEPOSIT
Rental Property: [________________________________]
Tenant: [________________________________]
Lease Period: [__/__/____] through [__/__/____]
Move-Out Date: [__/__/____]
Deposit Paid: $[________________________________]

Dear [________________________________]:

I represent [________________________________] ("Tenant") regarding your failure to return the security deposit for the above-referenced rental property. Wyoming has a narrow statutory framework governing security deposits — just two statutes, Wyo. Stat. §§ 1-21-1207 and 1-21-1208 — and you have violated your obligations under that framework. This letter is a formal demand for the return of the deposit, together with all applicable remedies.

I. WYOMING'S LANDLORD-TENANT DEPOSIT FRAMEWORK

Wyoming does not have a comprehensive residential landlord-tenant act comparable to the Uniform Residential Landlord and Tenant Act (URLTA) adopted by many states. Instead, Wyoming's security deposit protections are confined to two narrowly drafted statutes within Title 1, Chapter 21 (Forcible Entry and Detainer). This creates a legal environment that is widely recognized as landlord-friendly, but the protections that do exist are mandatory and enforceable.

A. No Statutory Cap on Deposit Amount

Wyoming is one of a small number of states that imposes no maximum limit on the amount a landlord may collect as a security deposit. While most states cap deposits at one to two months' rent, Wyoming landlords may collect any amount agreed upon. This makes the return obligation all the more significant — the deposit may represent a substantial sum.

B. The Dual Return Deadline (Wyo. Stat. § 1-21-1208(a))

Wyoming employs a two-track deadline that is unique in its structure:

• Thirty (30) days after the termination of the rental agreement, OR
• Fifteen (15) days after the landlord receives the tenant's forwarding address in writing, whichever is later.

This means the clock does not begin running on the 15-day track until the tenant provides a written forwarding address. However, the 30-day track runs from lease termination regardless. A landlord cannot indefinitely delay return by claiming no forwarding address was received if more than 30 days have passed since the lease terminated.

C. Itemization Requirement

If the landlord retains any portion of the deposit, the landlord must provide a written itemized statement of deductions, identifying the specific damages and their costs. Wyo. Stat. § 1-21-1208(a). The deposit (or remaining balance plus itemization) must be mailed to the tenant's last known address or forwarding address.

D. Prohibition on "Non-Refundable" Deposits (Wyo. Stat. § 1-21-1207)

Wyoming law expressly prohibits a landlord from designating any security deposit as "non-refundable" unless a specific statute authorizes it. Any lease provision labeling a deposit as non-refundable is void under this section.

E. No Interest Requirement

Unlike states such as Connecticut, Maryland, or New York, Wyoming does not require landlords to hold deposits in interest-bearing accounts or pay interest to tenants on deposit funds.

F. Permissible Deductions — Limited by Statute

Under § 1-21-1208(a), a landlord may only retain deposit funds for:

1. Unpaid rent owed at the time of move-out
2. Damage to the premises caused by the tenant, excluding normal wear and tear
3. Other charges specifically authorized by the written rental agreement

Normal wear and tear — the deterioration that occurs from ordinary residential use over time — is never a permissible deduction.

II. TENANT AND TENANCY DETAILS

Forwarding Address Notification

☐ Tenant provided written forwarding address on [__/__/____]
☐ Forwarding address was provided via: ☐ Certified mail ☐ Hand delivery ☐ Email ☐ Text message
☐ Tenant did not provide a separate forwarding address (30-day deadline controls)

Move-Out Condition

☐ Tenant returned all keys on [__/__/____]
☐ Tenant requested a move-out inspection: ☐ Conducted ☐ Refused by landlord ☐ Not offered by landlord
☐ Premises were left in substantially the same condition as at move-in, allowing for reasonable wear and tear
☐ Tenant had the unit professionally cleaned on [__/__/____] by [________________________________]
☐ Tenant has dated photographs and/or video from both move-in and move-out
☐ All personal property was removed from the premises before vacating

III. SPECIFIC VIOLATIONS BY LANDLORD

Based on the facts of this tenancy, you have violated Wyoming's security deposit statutes in the following respects:

☐ Complete Failure to Return Deposit: More than 30 days have elapsed since the lease terminated, and more than 15 days have elapsed since Tenant provided a written forwarding address, yet you have returned neither the deposit nor any written itemization. This violates Wyo. Stat. § 1-21-1208(a).

☐ Failure to Provide Itemized Statement: You retained a portion of the deposit but failed to deliver a written itemized statement of deductions within the statutory deadline. The bare act of keeping money without written justification is itself a violation.

☐ Deductions for Normal Wear and Tear: Your itemization includes charges for conditions that constitute ordinary wear and tear from residential use, including but not limited to:

☐ Minor scuff marks or small nail holes in walls
☐ Carpet wear in high-traffic areas
☐ Faded or yellowed paint from sun exposure
☐ Minor scratches on flooring from normal furniture placement
☐ Worn caulking or grout in bathrooms
☐ Slightly worn door hardware or cabinet pulls
☐ Other: [________________________________]

☐ Inflated or Fabricated Repair Costs: The deductions claimed exceed the actual cost of repair or describe damage that did not exist at the time of move-out.

☐ Deductions for Pre-Existing Conditions: The claimed damage was present at the time Tenant moved in, as documented by move-in inspection reports and photographs.

☐ Improper "Non-Refundable" Designation: You characterized all or part of the deposit as non-refundable, in direct violation of Wyo. Stat. § 1-21-1207.

☐ Deductions Not Authorized by Lease: You deducted amounts for items not identified as chargeable in the written rental agreement, which exceeds the scope of permissible deductions under § 1-21-1208(a).

IV. REMEDIES AVAILABLE UNDER WYOMING LAW

A. Recovery of Deposit

Tenant is entitled to the return of the full deposit amount wrongfully withheld, minus only those deductions that are both lawful under § 1-21-1208(a) and supported by actual evidence of damage.

B. Actual Damages

Wyoming courts permit tenants to recover actual damages flowing from the wrongful withholding of a security deposit. Unlike states that provide automatic double or treble damages (e.g., Massachusetts, Maryland, or the District of Columbia), Wyoming provides no statutory multiplier. However, actual damages may include:

• The deposit amount itself
• Consequential damages caused by the landlord's failure to return funds (e.g., inability to secure new housing)
• Costs of documentation and pursuit of the claim

C. Attorney's Fees

While Wyo. Stat. §§ 1-21-1207 and 1-21-1208 do not independently provide for attorney's fees, Wyoming follows the "American Rule" with exceptions. Attorney's fees may be recoverable if:

• The lease agreement includes an attorney's fees provision
• The landlord's conduct amounts to a breach of the covenant of good faith and fair dealing
• Applicable under Wyoming Rule of Civil Procedure 54(d) in certain circumstances

D. Court Costs

Filing fees and service costs are recoverable by the prevailing party in Wyoming courts.

V. CALCULATION OF AMOUNT DUE

VI. EVIDENCE PRESERVED BY TENANT

Tenant has preserved the following documentary and physical evidence:

☐ Executed lease / rental agreement
☐ Receipt, canceled check, or bank record of deposit payment
☐ Move-in condition checklist or inspection report
☐ Move-out condition checklist or inspection report
☐ Dated photographs of the premises at move-in
☐ Dated photographs of the premises at move-out
☐ Video walkthrough taken at move-out
☐ Written notice of intent to vacate
☐ Proof of forwarding address delivery (certified mail receipt, email confirmation, etc.)
☐ Professional cleaning receipt(s)
☐ All correspondence with landlord regarding the deposit
☐ Landlord's itemized statement (if one was provided)
☐ Utility final bills confirming service through move-out date
☐ Witness statements regarding the condition of the property
☐ Other: [________________________________]

VII. FORMAL DEMAND

You are hereby required to take the following actions within fifteen (15) calendar days of the date of this letter:

1. Pay the sum of $[____] to Tenant, representing the full deposit (or the portion wrongfully withheld), plus any applicable actual damages.

2. Provide a revised, accurate itemized statement of deductions, if any deduction is claimed.

3. Direct payment by certified funds (cashier's check or money order) to:

[________________________________]
[________________________________]
[________________________________]
Reference: [________________________________] — Security Deposit Return

VIII. CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand within the time specified, Tenant is authorized and prepared to pursue the following remedies:

A. Filing in Wyoming Circuit Court (Small Claims)

For claims up to $6,000, Tenant may file in the Circuit Court of the county where the rental property is located, pursuant to Wyo. Stat. § 5-9-128. Wyoming's small claims procedure (Circuit Court) is straightforward and does not require an attorney, although Tenant may choose to be represented.

Filing fee: Approximately $30-$70 depending on claim amount.
Venue: Circuit Court of [________________________________] County, Wyoming.

B. District Court

For claims exceeding $6,000, or if the matter involves complex legal issues, Tenant may file a civil action in the District Court of the appropriate judicial district.

C. Complaint to Wyoming Attorney General

Tenant will file a formal complaint with the Wyoming Attorney General, Consumer Protection Unit, located at 109 State Capitol, 200 West 24th Street, Cheyenne, WY 82002. While the AG's office does not represent individual tenants, a pattern of complaints may prompt investigation and enforcement action.

D. Judgment Enforcement

Upon obtaining a judgment, Tenant will pursue all available enforcement mechanisms, including:

• Garnishment of bank accounts (Wyo. Stat. § 1-15-401 et seq.)
• Garnishment of wages (Wyo. Stat. § 1-15-501 et seq.)
• Lien on real property (Wyo. Stat. § 1-16-301 et seq.)
• Execution against personal property

IX. RESPONSE REQUIRED

Please respond to this demand in writing within fifteen (15) calendar days. Your response must include:

1. Your position on the amount owed and the basis for any claimed deductions
2. Copies of receipts, estimates, or invoices supporting any deduction
3. Full payment or a written settlement proposal

Failure to respond will be treated as a refusal to comply, and legal action will follow without further notice.

X. RESERVATION OF RIGHTS

This demand is made without prejudice to any and all rights, remedies, and claims available to Tenant under Wyoming law, federal law, or the terms of the lease agreement, all of which are expressly reserved. Nothing in this letter or in any subsequent negotiation constitutes a waiver of any claim, defense, or right.

Respectfully,

_________________________________
[________________________________]
Wyoming State Bar No. [____]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Counsel for [________________________________]

Enclosures:

☐ Copy of lease agreement
☐ Deposit payment receipt or bank record
☐ Move-in / move-out photographs (selected)
☐ Copy of notice to vacate
☐ Copy of forwarding address notification with proof of delivery
☐ Landlord's itemized statement (if provided)
☐ Professional cleaning receipts
☐ Authorization to represent

cc:
[________________________________] (Tenant)
[________________________________] (Property management company, if applicable)
[________________________________] (Property owner, if different from addressee)

Wyoming-Specific Notes

1. A Landlord-Friendly State. Wyoming is widely recognized as one of the most landlord-friendly states in the nation. It has not adopted the Uniform Residential Landlord and Tenant Act. There is no implied warranty of habitability codified by statute (though courts have recognized a limited common-law version). Tenant remedies for deposit disputes are therefore confined almost entirely to §§ 1-21-1207 and 1-21-1208, supplemented by general contract and tort principles.

2. No Statutory Penalty Multiplier. Unlike Arizona (2x), Connecticut (2x), or Massachusetts (3x), Wyoming does not authorize double or treble damages for wrongful deposit withholding. This means the tenant's recovery is limited to actual damages — the deposit amount itself plus provable consequential losses. Thorough documentation is therefore essential.

3. No Separate Trust Account Requirement. Wyoming does not require landlords to hold security deposits in a separate or escrow account. There is no requirement that deposit funds be kept apart from the landlord's personal or operating funds.

4. The "Whichever Is Later" Dual Deadline. The 30-day / 15-day dual deadline operates as a "whichever is later" test, not "whichever is sooner." Practitioners should calculate both dates and use the later one to determine whether a violation has occurred. A tenant who never provides a forwarding address is still protected by the 30-day deadline running from lease termination.

5. Small Claims in Circuit Court. Wyoming's small claims jurisdiction is housed in the Circuit Court (not a separate "small claims court") under Wyo. Stat. § 5-9-128. The jurisdictional limit is $6,000. Procedures are simplified but formal rules of evidence and procedure apply at the court's discretion.

6. No Statewide Rent Control. Wyoming has no rent control statutes, which means there are no regulatory bodies overseeing rental pricing or deposit collection practices beyond the two deposit statutes.

7. Military Tenants. Service members stationed at F.E. Warren Air Force Base in Cheyenne or other Wyoming installations should also consider protections under the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq., which may provide additional lease termination rights that interact with deposit return obligations.

8. Rural Considerations. In Wyoming's rural counties, service of process and enforcement of judgments may present practical challenges due to geographic distances. Certified mail with return receipt is the recommended method for this demand letter to create a clear record.

Sources and References

• Wyo. Stat. § 1-21-1207 — Nonrefundable deposits prohibited
• Wyo. Stat. § 1-21-1208 — Return of deposit; itemization; deadlines
• Wyo. Stat. § 1-21-1206 — Rental agreements; prohibited provisions
• Wyo. Stat. § 5-9-128 — Circuit Court jurisdiction (small claims up to $6,000)
• Wyo. Stat. § 1-15-401 et seq. — Garnishment
• Wyo. Stat. § 1-16-301 et seq. — Liens on real property
• Wyoming Attorney General, Consumer Protection Unit: https://ag.wyo.gov/consumer-protection
• National Conference of State Legislatures, Security Deposit Laws by State

This template is for informational purposes only and does not constitute legal advice. Wyoming law may change; verify all citations and requirements with a licensed Wyoming attorney before use.