Wyoming Renter Guide: Occupancy Limits and Overcrowding Laws

Understanding how many people can legally live in a Wyoming rental unit is crucial for both renters and landlords. If you're considering sharing your space with a roommate, subletting, or simply have a growing family, knowing the rules around occupancy limits and overcrowding can help you avoid problems, penalties, or even eviction. This guide explains Wyoming law in plain language, what to watch out for, and how to take action if you're facing issues in shared housing.

What Are Occupancy Limits?

Occupancy limits set the maximum number of people who can legally live in a rental unit. In Wyoming, these rules are designed to ensure safe, healthy living conditions and are most often enforced through local city or county housing codes, not through state law itself. Typically, occupancy is based on bedroom size, total square footage, or may be explicitly listed in your lease agreement.

How Are Occupancy Limits Set in Wyoming?

There is no statewide Wyoming law that sets a universal occupancy limit. Instead:

• Local city or county codes often dictate occupancy, referencing health, safety, and fire codes.
• The common standard is often 2 people per bedroom plus 1 extra (e.g., 3 people in a 1-bedroom, 5 in a 2-bedroom), but check your local ordinance and lease.
• If your lease has a clause limiting the number of residents, those terms are generally enforceable.

For example, Cheyenne follows the International Property Maintenance Code, which recommends no more than 2 occupants per sleeping room, but your locality may vary.

Understanding Overcrowding

Overcrowding typically means exceeding these local or lease-based occupancy limits. It can lead to:

• Fire safety hazards
• Health code violations
• Potential fines or eviction

Landlords may be required to enforce these rules under city code or to comply with their insurance policies.

How Occupancy Rules Affect Roommates and Sublets

If you want to add a roommate or sublet your unit, here’s what to keep in mind:

• Always check your lease. Some leases require landlord approval before adding more people or subletting.
• Adding unauthorized occupants may violate your lease and trigger eviction proceedings.
• If a city inspector finds too many people living in a unit, fines could be assessed or a notice to correct could be issued.

It’s always a good idea to get written consent from your landlord before allowing additional people to move in, even temporarily.

Relevant Wyoming Law and Where to Get Help

While Wyoming does not have a stand-alone state agency or board that governs landlord-tenant residential disputes beyond the state courts, renters and landlords are both protected and bound by the Wyoming Residential Rental Property Act. This law covers the general rights and responsibilities involved in renting residential property.¹

The courts in Wyoming handle landlord-tenant matters. The main tribunal for formal disputes is your local county circuit court. Find your county court via the Wyoming Judicial Branch Circuit Courts directory.²

Official Forms and How to Use Them

• Notice to Quit (Unlawful Detainer)
  
  • Form Name: Notice to Quit
  • When to use: If your landlord believes you've violated occupancy limits, they may serve you a Notice to Quit before filing for eviction.
  • Example: You receive this form if the number of people living in your rental exceeds the legal or lease-based maximum.
  • Official form link: Wyoming Notice to Quit (PDF)
• Complaint for Forcible Entry and Detainer
  
  • Form Name: Complaint for Forcible Entry and Detainer
  • When to use: For landlords—used in circuit court to evict tenants, including for breaches of occupancy.
  • Official guidance: See Wyoming Courts: Circuit Courts

Steps to Follow If Facing Overcrowding Issues

If your landlord accuses you of violating occupancy limits or you receive a Notice to Quit, here’s what you can do:

• Read your lease and local housing codes to verify the maximum number of occupants allowed.
• Communicate promptly with your landlord to clarify any misunderstandings.
• If you receive a formal notice, act quickly—Wyoming law provides only three days to respond before an eviction case can be filed.
• Seek guidance from your local county circuit court or legal aid services if you need help responding.

FAQ: Wyoming Occupancy Limits and Shared Housing

1. How many people can legally live in a rental unit in Wyoming?
   There is no statewide law, but many cities use the standard of two people per bedroom plus one additional person. Always check your lease and local rules for specifics.
2. Can my landlord evict me for having too many roommates?
   Yes. If the number of occupants exceeds the limit in your lease or local code, your landlord can start eviction by serving a Notice to Quit.
3. Where do I file a complaint or respond to an eviction notice?
   Tenant-landlord disputes are handled by county circuit courts in Wyoming. Find your local court at Wyoming Judicial Branch Circuit Courts.
4. What should I do before bringing in a new roommate?
   Always get written permission from your landlord and ensure you both understand the occupancy limits and lease rules.
5. What if city inspectors say my apartment is overcrowded?
   Cooperate with local health or building inspectors, and promptly remedy the situation. Contact your landlord and get written documentation of any notices received.

Need Help? Resources for Renters

• Wyoming State Circuit Courts – Find where to file or respond to landlord-tenant notices.
• Wyoming Residential Rental Property Act (PDF) – Review your tenant and landlord rights.
• Wyoming State Bar – Find a Lawyer – Free or low-cost legal help may be available.
• Cheyenne Property Maintenance Code – Example of local occupancy and health standards.

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1. Wyoming Residential Rental Property Act (Wyo. Stat. § 1-21-1201 to 1-21-1211)
2. Wyoming Judicial Branch: Circuit Courts (Landlord-Tenant Matters)

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