Wyo. Stat. Ann. §§ 34-2-128 to 34-2-129 § 34-2-128
No implied tenancy except by sufferance.
Operative Text
34-2-128. No implied tenancy except by sufferance. In this state there shall not exist the relations of landlord and tenant, by implication or operation of law, except a tenancy by sufferance. Upon the expiration of a term created by lease, either verbal or written, there shall be no implied renewal of the same, for any period of time whatever, either by the tenant holding over or by the landlord accepting compensation or rent for or during any period of such holding over. Such holding over by the tenant and acceptance of rent by the landlord shall constitute only a tenancy by sufferance, with the rights, duties, obligations and incidents of such tenancy.
Under Wyo. Stat. §§ 34-2-128 through 34-2-129, Wyoming law eliminates the common-law concept of an implied tenancy arising automatically when a lease expires and the tenant stays on. When a lease term ends — whether the lease was verbal or written — neither the tenant continuing to occupy the property nor the landlord accepting rent payments creates a new tenancy by implication or operation of law. Instead, that situation produces only a "tenancy by sufferance," a limited status that carries its own specific set of rights, duties, and obligations rather than the fuller protections of a renewed lease.
Plain English — not legal advice.
Under Wyo. Stat. §§ 34-2-128 through 34-2-129, operators who accept rent after a lease expires should understand that doing so does not automatically renew the lease or create a new tenancy on the prior terms. A compliant operator typically documents any intended new or renewed tenancy in a written agreement rather than relying on conduct alone to establish the relationship. Because holdover occupancy results only in a tenancy by sufferance, property managers generally clarify the occupant's status in writing before or shortly after the original lease term ends.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wyo. Stat. §§ 34-2-128 through 34-2-129 means that staying in a rental unit after a lease expires does not automatically give a tenant the rights associated with a renewed lease — the law treats that situation as a tenancy by sufferance, which carries a more limited set of protections. Tenants in this situation may want to understand what rights and obligations attach to a tenancy by sufferance under Wyoming law, as they differ from those of a standard lease. Tenant-rights organizations or legal aid services can help explain how this status may affect housing stability and what options may be available.
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.
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