§ 1-21-1304 — 1-21-1303. Breach of lease; recovery of rent; affirmative defense

Wyoming § 1-21-1304

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 21: PROCEDURE AND ACTIONS
• Art. 13: WYOMING SAFE HOMES ACT

Text

(a) In any action brought by a landlord against a tenant
to recover rent for breach of lease, the tenant shall have an
affirmative defense and not be liable for rent for the period
after which a tenant vacates the premises owned by the landlord
and covered by the lease, if by a preponderance of the evidence,
the court finds that:
(i) At the time the tenant vacated the premises, the
tenant or a member of the tenant's household was under a
credible imminent threat of domestic abuse or sexual violence at
the premises, as demonstrated by medical, court or police
evidence of domestic abuse or sexual violence; and
(ii) The tenant gave seven (7) days written notice to
the landlord prior to vacating the premises stating that the
reason for vacating the premises was because of a credible
imminent threat of domestic abuse or sexual violence against the
tenant or a member of the tenant's household.
(b) In any action brought by a landlord against a tenant
to recover rent for breach of lease, the tenant shall have an
affirmative defense and not be liable for rent for the period
after which a tenant vacates the premises owned by the landlord
and covered by the lease, if by a preponderance of the evidence,
the court finds that:
(i) The tenant or a member of the tenant's household
was a victim of domestic abuse or sexual violence on the
premises that are owned or controlled by the landlord and the
tenant has vacated the premises as a result of the sexual
violence;
(ii) The tenant gave seven (7) days written notice to
the landlord prior to vacating the premises stating that the
reason for vacating the premises was because of the domestic
abuse or sexual violence against the tenant or a member of the
tenant's household, the date of the sexual violence, and that
the tenant provided medical, court or police evidence of
domestic abuse or sexual violence to the landlord supporting the
claim of domestic abuse or sexual violence; and
(iii) The domestic abuse or sexual violence occurred
not more than sixty (60) days prior to the date of giving the
written notice to the landlord, or if circumstances are such
that the tenant could not reasonably give notice within that
time period because of reasons related to the domestic abuse or
sexual violence, including, but not limited to, hospitalization
or seeking assistance for shelter or counseling, then as soon
thereafter as practicable.
(c) A landlord may not terminate a tenancy based solely on
the tenant's or applicant's or a household member's status as a
victim of domestic abuse or sexual violence. This subsection
does not prohibit adverse housing decisions based upon other
lawful factors within the landlord's knowledge.
(d) Nothing in this act shall be construed to be a defense
against:
(i) An action for recovery of rent for the period of
time before the tenant vacated the landlord's premises and gave
notice to the landlord as required in this section; or
(ii) Forcible entry and detainer for failure to pay
rent before the tenant gave notice to the landlord as required
in this section and vacated the premises.