Can I terminate the lease based on tenant having friends overnight continuously?

Full question:

The rental unit I own in Wyoming is a studio apartment which is fit for a maximum of 2 occupants. My tenant has been having his friends stay over for unreasonably long periods without my consent. Can I terminate the lease based on this?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Wyoming

Answer:

The tenancy laws in Wyoming lays certain obligations and duties on the tenants per Wyo. Stat. § 1-21-1204. It reads:
 
“(a) Each renter shall:
     (i) Maintain the residential rental unit occupied in a clean and safe condition and not unreasonably burden any common area;
     (ii) Dispose of all garbage and other waste in a clean and safe manner;
     (iii) Maintain all plumbing fixtures in a condition as sanitary as the fixtures permit;
     (iv) Use all electrical, plumbing, sanitary, heating and other facilities and appliances in a reasonable manner;
     (v) Occupy the residential rental unit in the manner for which it was designed and shall not increase the number of occupants above that specified in the rental agreement without written permission of the owner;
     (vi) Be current on all payments required by the rental agreement;
     (vii) Comply with all lawful requirements of the rental agreement between the owner and the renter; and
     (viii) Remove all property and garbage either owned or placed within the residential rental unit by the renter or his guests prior to termination of the rental agreement and clean the rental unit to the condition at the beginning of the rental agreement.”

The provision above, in subsection (v) clearly obligates the tenant not increase the number of occupants above that specified in the rental agreement without written permission of the owner. The landlord in this case may terminate the lease showing this violation by the tenant per Wyo. Stat. § 1-21-1002 which reads:
 
“(a) Proceedings for forcible entry and detainer may be had in any of the following cases:
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(vi) Against renters in violation of any terms imposed under W.S. 1-21-1204 or 1-21-1205.
***”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can live with someone who is on the tenancy without being on the lease yourself. However, it's essential to check the lease agreement, as some landlords may require all adult occupants to be listed on the lease. If the landlord has not given permission for additional occupants, it could lead to a lease violation.