Wyo. Stat. Ann. §§ 1-21-403, 1-21-1001 to 1-21-1017, 1-21-1201 to 1-21-1211, 1-21-1301 to 1-21-1304, 1-21-1401 to 1-21-1403 § 1-21-1303

Breach of lease; recovery of rent; affirmative defense.

In Force
Verified 10/26/2026 · Next check 11/2/2026
WyomingVAWA & Survivor Protections

Operative Text

Wyo. Stat. Ann. §§ 1-21-403, 1-21-1001 to 1-21-1017, 1-21-1201 to 1-21-1211, 1-21-1301 to 1-21-1304, 1-21-1401 to 1-21-1403 § 1-21-1303
     1-21-1303.    Breach of lease; recovery of rent; affirmative
defense.

     (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.
Source: Legislative text reproduced verbatim
Plain English

Wyoming Statute § 1-21-1303 establishes an affirmative defense for tenants who break a lease and leave rental premises due to domestic abuse or sexual violence. Under this provision, a tenant who provides the landlord with at least seven days' written notice—supported by medical, court, or police evidence—may not be held liable for rent accruing after they vacate, provided the threat or incident meets the statutory timing and documentation requirements. Separately, landlords are prohibited from terminating a tenancy based solely on a tenant's, applicant's, or household member's status as a victim of domestic abuse or sexual violence, though other lawful grounds for housing decisions remain available.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 1-21-1303, compliant operators recognize that a tenant who vacates due to a credible imminent threat or an actual incident of domestic abuse or sexual violence—and who provides the required seven-day written notice with supporting documentation—may have a valid affirmative defense against any rent-recovery claim for the period after vacating. Property managers generally maintain clear records of any notices received and the supporting evidence tenants submit, since courts evaluate these claims by a preponderance of the evidence. Operators also take care not to terminate a tenancy based solely on a tenant's or household member's victim status, as § 1-21-1303(c) expressly prohibits that basis for adverse action.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 1-21-1303 gives tenants who leave a rental due to domestic abuse or sexual violence a potential affirmative defense if a landlord later sues to recover unpaid rent for the period after vacating. To preserve this defense, the statute generally requires that the tenant provide the landlord with at least seven days' written notice before leaving, explain that the reason for vacating is the abuse or violence, and supply supporting medical, court, or police evidence; for incidents that already occurred, the notice must generally be given within sixty days of the incident unless circumstances related to the abuse made that impractical. Tenants who believe this provision applies to their situation may benefit from contacting a local tenant-rights organization or legal aid office to understand how § 1-21-1303's documentation and notice requirements work in practice.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Wyo. Stat. § 1-21-1204
Wyo. Stat. § 1-21-1205
Wyo. Stat. § 1-21-1201
Wyo. Stat. § 1-21-1210
Wyo. Stat. § 1-21-1014
Wyo. Stat. § 1-21-1203
Wyo. Stat. § 1-21-1003
Wyo. Stat. § 1-21-1208
Wyo. Stat. § 1-21-1204
Wyo. Stat. § 1-21-1203
Wyo. Stat. § 1-21-1003
Wyo. Stat. § 1-21-1207
Wyo. Stat. § 1-21-1001
Wyo. Stat. § 1-21-1208
Wyo. Stat. § 1-21-1301
Wyo. Stat. § 1-21-1304

Related Rules

§ 25
Refusal of rental agreement or assistance based on termination of rental agreement under Sec. 24 or request for change of lock under Sec. 26 prohibited
§ 26
Change of locks upon request of tenant, co-tenant or household member believed to be under imminent threat of domestic violence, rape, sexual assault or stalking
§ 47a-7b
Request to change dwelling unit locks when tenant is named as a protected person in a protective or restraining order.

Source Information

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