1-21-1304.

1-21-1304.

1-21-1303. Breach of lease; recovery of rent; affirmative defense.

(a) In any action brought by a landlord against a tenant to recover rent for breach of lease, the tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord and covered by the lease, if by a preponderance of the evidence, the court finds that:  (i) At the time the tenant vacated the premises, the tenant or a member of the tenant's household was under a credible imminent threat of domestic abuse or sexual violence at the premises, as demonstrated by medical, court or police evidence of domestic abuse or sexual violence; and

(ii) The tenant gave seven (7) days written notice to the landlord prior to vacating the premises stating that the reason for vacating the premises was because of a credible imminent threat of domestic abuse or sexual violence against the tenant or a member of the tenant's household.

(b) In any action brought by a landlord against a tenant to recover rent for breach of lease, the tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord and covered by the lease, if by a preponderance of the evidence, the court finds that:

(i) The tenant or a member of the tenant's household was a victim of domestic abuse or sexual violence on the premises that are owned or controlled by the landlord and the tenant has vacated the premises as a result of the sexual violence;

(ii) The tenant gave seven (7) days written notice to the landlord prior to vacating the premises stating that the reason for vacating the premises was because of the domestic abuse or sexual violence against the tenant or a member of the tenant's household, the date of the sexual violence, and that the tenant provided medical, court or police evidence of domestic abuse or sexual violence to the landlord supporting the claim of domestic abuse or sexual violence; and

(iii) The domestic abuse or sexual violence occurred not more than sixty (60) days prior to the date of giving the written notice to the landlord, or if circumstances are such that the tenant could not reasonably give notice within that time period because of reasons related to the domestic abuse or sexual violence, including, but not limited to, hospitalization or seeking assistance for shelter or counseling, then as soon thereafter as practicable.

(c) A landlord may not terminate a tenancy based solely on the tenant's or applicant's or a household member's status as a victim of domestic abuse or sexual violence. This subsection does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge.

(d) Nothing in this act shall be construed to be a defense against:

(i) An action for recovery of rent for the period of time before the tenant vacated the landlord's premises and gave notice to the landlord as required in this section; or

(ii) Forcible entry and detainer for failure to pay rent before the tenant gave notice to the landlord as required in this section and vacated the premises.

1-21-1304. Prohibition of waiver or modification.

The provisions of this act shall not be waived or modified in any lease or separate agreement between a landlord and tenant.

ARTICLE 14 - REMOVAL OF UNAUTHORIZED OCCUPANTS

1-21-1401. Definitions.

(a) As used in this article:

(i) "Immediate family member" means a spouse, child or parent;

(ii) "Law enforcement" means the sheriff, the sheriff's deputies or peace officers of a city or town;

(iii) "Owner" means the owner of a residential dwelling;

(iv) "Residential dwelling" means a dwelling or property, real or otherwise, that serves as a place of residence or other facilities held out for the occupancy of a person. "Residential dwelling" includes real property where a dwelling or other residential facility is located;

(v) "Unauthorized person" means a person who is not authorized to maintain presence or residency in a residential dwelling.

1-21-1402. Limited alternative remedy for removal of unauthorized persons from residential property.  (a) An owner or the owner's authorized agent may request from law enforcement in the county where the property is located the immediate removal of any person unlawfully occupying or possessing the owner's residential dwelling if all of the following conditions are met:

(i) The person requesting the removal is the residential dwelling owner or the owner's authorized agent;

(ii) The unauthorized person for whom removal has been requested has unlawfully entered and remains or continues to reside in the owner's residential dwelling;

(iii) There is no known pending litigation related to the residential dwelling between the owner and any known unauthorized person;

(iv) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent;

(v) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner.

(b) To request the immediate removal of an unauthorized person who is occupying a residential dwelling, the owner or the owner's authorized agent shall submit to law enforcement of the county where the residential dwelling is located a complaint for the removal of the unauthorized person. The complaint shall include, at a minimum, that:

(i) The person is the owner or the owner's authorized agent for the residential dwelling;

(ii) An unauthorized person has unlawfully entered and is remaining or residing unlawfully in the residential dwelling;

(iii) The unauthorized person sought to be removed is not an owner or co-owner of the residential dwelling and has not been listed on title to the property unless the person has engaged in title fraud;  (iv) There is no known litigation related to the property that is pending between the owner and any person sought to be removed;

(v) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent;

(vi) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner;

(vii) The owner acknowledges that an unauthorized person removed from the property or dwelling under this section may bring a cause of action against the owner for any false statements made in the complaint, or for wrongfully using this procedure, and that as a result of this action, the owner may be held liable for actual damages, penalties, costs and reasonable attorney fees;

(viii) The owner is requesting law enforcement to immediately remove the unauthorized person from the residential dwelling;

(ix) A copy of the owner's valid government-issued identification or a copy of documents authorizing the owner's authorized agent to act on the owner's behalf is included;

(x) The information contained in the complaint is true and correct and that the complaint is submitted under penalty of perjury.

(c) Upon receipt of a complaint under this section, law enforcement shall verify that the person who submitted the complaint is the record owner of the residential dwelling or the authorized agent of the owner and that the person is entitled to relief under this section. If law enforcement is unable to verify that the person who submitted the complaint is the record owner of the residential dwelling and is entitled to relief under this section, law enforcement shall have no obligation to provide notice and vacate the residential dwelling as provided in subsection (d) of this section.

(d) Upon verification under subsection (c) of this section, law enforcement shall, without delay, provide notice to immediately vacate to all unauthorized persons occupying the residential dwelling and shall put the owner in possession of the residential dwelling. Notice may be accomplished by hand delivery of the notice to the unauthorized occupant or by posting the notice on the front door or entrance of the residential dwelling. Law enforcement shall also attempt to verify the identities of all persons occupying the residential dwelling and shall document the identities. If appropriate, law enforcement may arrest any person found in the residential dwelling for trespass, outstanding warrants or any other legal cause.

1-21-1403. Vacation of unauthorized persons; cause of action for wrongful removal.

(a) After law enforcement provides notice to immediately vacate, the owner or the owner's authorized agent may request that law enforcement stand by to keep the peace while the owner or agent changes the locks and removes the personal property of the unauthorized person from the premises to or near the property line.

(b) Law enforcement shall not be liable to the unauthorized person or any other party for the loss, destruction or damage of property removed under this section. The owner or the owner's authorized agent shall not be liable to an unauthorized person or any other party for the loss, destruction or damage to any removed personal property unless the removal was wrongful or unless the personal property is wantonly destroyed or damaged.

(c) A person may bring a civil cause of action against an owner or the owner's authorized agent for wrongful removal. A person harmed by a wrongful removal under this article may be restored to possession of the residential dwelling and may recover:

(i) Actual costs and damages incurred;

(ii) Statutory damages equal to triple the fair market value of renting the residential dwelling during the period of wrongful removal;

(iii) Court costs;

(iv) Reasonable attorney fees.

(d) Nothing in this article shall be construed to limit:  (i) The rights of an owner;

(ii) The authority of any peace officer to arrest an unauthorized person for trespassing, vandalism, theft or any other criminal offense;

(iii) Remedies available under title 1, chapter 21 of the Wyoming statute or any other provision of law.

CHAPTER 22 - ADOPTION

ARTICLE 1 - IN GENERAL

1-22-101. Definitions.

(a) As used in this act:

(i) "Agency" means any person legally empowered to place children for adoption or a certified private child welfare agency or the department of family services;

(ii) "Child" means the minor person to be adopted;

(iii) "Parent" means the child's father or mother whose parental rights have not been judicially terminated;

(iv) "Putative father" means the alleged or reputed father of a child born out of wedlock, whether or not the paternity rights and obligations of the father have been judicially determined;

(v) "This act" means W.S. 1-22-101 through 1-22-114.

1-22-102. Persons subject to adoption; applicability of Wyoming Indian Child Welfare Act.

(a) Any child may be adopted who is within this state when the petition for adoption is filed.

(b) Any adult may be adopted, regardless of his residence within or outside of this state at the time the petition is filed, provided:

(i) The adopting parent was a stepparent, grandparent or other blood relative, foster parent or legal guardian who participated in the raising of the adult when the adult was a child; and

(ii) The adult files a consent to the adoption with the court.

(c) If the child to be adopted under this act is an Indian child as defined by W.S. 14-6-702(a)(iv), the court, agency and any party to the adoption proceeding under this act shall comply with the Wyoming Indian Child Welfare Act. If any provision of this act conflicts with the Wyoming Indian Child Welfare Act for the adoption of an Indian child, the Wyoming Indian Child Welfare Act shall control.

1-22-103. Adopting parties.

Any adult person who has resided in this state during the sixty (60) days immediately preceding the filing of the petition for adoption and who is determined by the court to be fit and competent to be a parent may adopt in accordance with this act.

1-22-104. Petition for adoption of minor; by whom filed; requisites, confidential nature; inspection; separate journal to be kept.

(a) Adoption proceedings shall be commenced by a petition filed in district court. The district court may transfer jurisdiction of a petition to adopt a child to the juvenile court if the child proposed for adoption in the petition is under the prior and continuing jurisdiction of the juvenile court.

(b) A petition may be filed by any single adult or jointly by a husband and wife who maintain their home together, or by either the husband or wife if the other spouse is a parent of the child.

(c) The following documents shall be filed with every petition to adopt a child:

(i) The appropriate consent to adoption pursuant to W.S. 1-22-109;

(ii) Any relinquishments as provided by W.S. 1-22-109 necessary to show the court that the person or agency legally authorized to have custody and control of the child prior to the adoption, has duly relinquished the child to the petitioners for adoption;

(iii) A report of the medical examination of the child made by a licensed Wyoming physician within thirty (30) days immediately preceding the filing of the petition to adopt. The report shall be made on forms provided by the department of family services. A medical report shall not be required when a parent of the child joins in the petition to adopt or when the child resided with the adoptive parents for more than six (6) months prior to filing the petition;

(iv) An affidavit from each petitioner setting forth:

(A) Any previous or current diagnosed psychiatric disorders of the petitioner;

(B) All felony convictions of the petitioner within the preceding ten (10) years;

(C) All misdemeanor convictions of the petitioner within the preceding five (5) years;

(D) The current parole or probation status of the petitioner, if any.

(v) An affidavit stating the name or names of persons awarded visitation rights to the child under W.S. 20-7-101 or