Secondhand Smoke Complaints: Wyoming Renter Rights

If you’re renting an apartment or house in Wyoming and dealing with secondhand smoke from neighbors, you may wonder what your rights are and how to seek relief. Protecting your health at home is important, and Wyoming tenants have a few options for managing secondhand smoke issues—even though state law does not specifically ban smoking in private rentals. This article offers a clear overview of steps you can take, official resources, and ways to keep your living space safe and comfortable.

Understanding Secondhand Smoke Rules in Wyoming Rentals

Wyoming does not have a state law that prohibits smoking in private residential properties, including apartments or other rental units. However, landlords can establish no-smoking policies as part of your lease agreement. These policies are enforceable as a matter of contract law. If smoke is affecting your health, you may have protections under existing health and safety standards.

• If your rental agreement bans smoking, your landlord has a duty to address violations.
• If secondhand smoke creates a serious health risk or interferes with your ability to enjoy your home, you may have the right to request repairs or seek enforcement under landlord-tenant law.

Wyoming Health and Safety Requirements

According to the Wyoming Residential Rental Property Act, landlords must keep rental units fit and habitable. This includes meeting basic health and safety standards.¹

• Landlords must ensure that your home does not pose significant health hazards.
• Secondhand smoke could be considered a health hazard if it significantly affects your well-being.

What to Do if You’re Exposed to Secondhand Smoke

If you are exposed to unwanted secondhand smoke, here are steps you can take:

• Review your lease to check for any smoking policies.
• Document repeated instances of secondhand smoke (dates, times, impact on you).
• Communicate the problem to your landlord in writing, describing how the smoke affects your use and enjoyment of your home.
• Request in writing that the landlord take action to resolve the issue.

Official Form: Wyoming Written Repair Request

There is no specific state "secondhand smoke complaint" form, but you can use a Written Repair/Problem Notice. This is not a standardized state form, but state law (W.S. § 1-21-1203) allows renters to notify landlords of needed repairs or conditions that breach the warranty of habitability.¹

• When to use: If secondhand smoke is severe enough to affect your health or safety, submit this notice in writing to your landlord.
• How to use: Write a detailed letter or use a template from the Wyoming State Bar's sample forms, stating the issue, how it affects you, and your request for action.

How Complaints Are Handled in Wyoming

The state does not have a housing tribunal, but tenant-landlord disputes are most often resolved in local circuit courts in Wyoming. If your landlord does not act on your complaint, you may seek legal remedy through your local Wyoming District or Circuit Court.

• Bring evidence (your written notice, lease, documentation of the smoke issue) to support your claim.
• The court can order your landlord to make repairs or take steps to solve the problem if it involves a breach of the habitability law.
• Keep in mind: The court cannot create a no-smoking policy where the lease allows smoking.

Summary: Practical Steps for Wyoming Renters

While Wyoming does not ban smoking in rentals by law, you have options if secondhand smoke causes serious discomfort or health risks:

• Check your lease for relevant policies.
• Send a written complaint if you believe the smoke creates a health or safety problem.
• Seek mediation, legal aid, or small claims court if the landlord does not respond.

FAQs: Secondhand Smoke and Your Rights in Wyoming Rentals

1. Can my landlord ban smoking in my rental unit? — Yes, your landlord can set a no-smoking policy as part of your lease. These policies are enforceable as a contract between you and your landlord, but not required by state law.
2. What if my neighbor’s smoke is coming into my unit through vents? — Report the issue to your landlord and describe how it affects your health and comfort. If the smoke causes material discomfort or health problems, you can send a formal repair or complaint notice.
3. Who handles tenant complaints about unsafe rentals in Wyoming? — Local Wyoming Circuit or District Courts handle tenant-landlord disputes and habitability issues. There is no state tenant board.
4. Is there a specific form to file a smoke complaint? — No standardized state form exists, but you may use a written repair/problem notice or sample letter to state your complaint. See the Wyoming State Bar sample forms page.
5. Can I break my lease because of secondhand smoke? — Only if your landlord fails to remedy a major habitability problem after proper notice. Consult with the local court or seek legal advice for your situation.

Key Takeaways

• Secondhand smoke complaints in Wyoming are handled under landlord-tenant law and lease terms, not specific smoke-free laws.
• Landlords can enforce no-smoking rules if they are in your rental agreement.
• Renter complaints of health and safety risks may be brought to your local circuit or district court if not resolved informally.

Need Help? Resources for Wyoming Renters

• Wyoming State Bar sample forms: Find complaint and notice templates.
• Wyoming District & Circuit Courts: Locate your local court to file claims.
• Legal Aid of Wyoming: Free or low-cost legal help for eligible renters.
• Wyoming Emergency Rental Assistance Program: Guidance about rental issues.

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1. Wyoming Residential Rental Property Act (W.S. §§ 1-21-1201 through 1-21-1211)

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