A Wyoming sublease agreement is a legal document that sets out the terms and conditions for a secondary renter (or “subtenant”) to rent property from the original renter of that property (the “sublessor”). This agreement is an extension of the original lease and doesn’t cancel any of its existing terms.
Laws & Requirements
Sublease and Assignment Provision Laws: No.
Landlord-Tenant Laws: Title 1, Chapter 21, Article 12 (Residential Rental Property)
Security Deposit Obligations: A sublessor must return a security deposit within 30 days of the end of the sublease or 60 days if they intend to deduct money from it to cover damages.
Notices: A sublessor must give a subtenant three days’ written notice to pay rent or leave the property. If a sublessor intends not to renew the sublease or the original lease, they should provide the subtenant with 28 days’ notice for a month-to-month lease.
Permission to Sublet
- Laws: While no Wyoming laws address subleasing directly, it’s wise to check your lease. Most lease agreements will have provisions stating whether subletting is allowed.
- Explicit Written Consent: If subletting is allowed with your landlord’s permission, you must seek their explicit written consent before entering into a sublease agreement.
- Landlord’s Right to Deny: A landlord doesn’t have to allow subletting. They can deny a subtenant for any reason if it’s not discriminatory or illegal. For example, they can refuse to allow a subtenant to stay on the property if the subtenant has a history of conducting illegal activity that could jeopardize others’ safety.
Tax Obligations
Lodging Tax
- Per Wyo. Stat. ยง 39-15-101, a short-term rental is rented for less than 30 consecutive days.
Tax Rates
The taxes applicable to short-term rentals include the following [1] :
- State Sales Tax: 4%.
- Local Sales Tax: Varies by county.
- State Lodging Tax: 5%.
- Resort District Tax: Varies by municipality.
Fling Frequency
- Monthly Filing: Monthly filing applies to businesses that collect more than $150 in taxes per month. It’s due by the last day of the month after the month the sales were made.
- Quarterly Filing: Quarterly filing applies to businesses that collect between $50 and $150 in taxes per month. It’s due by the last day of the month after the quarter the sales were made.
- Annual Filing: Annual filing applies to businesses that collect less than $50 in taxes per month. It’s due by the last day of January after the year the sales were made.
Making Payments
- Businesses can remit payments to the Wyoming Department of Revenue.
- Airbnb and other hosting platforms collect the payment at the time of reservation and remit the tax to the Department of Revenue, so you may not have to submit your payments.
Sample
Related Documents
Rental Application
Ensure a subtenant is the right fit for subletting by collecting information on their background.
