Vol. 31, No. 2, #6. My Lease Says What?.

• Author: Author: Elizabeth B. Goudey

Wyoming Bar Journal

2008.

Vol. 31, No. 2, #6.

My Lease Says What?

Wyoming Bar Journal Issue: April, 2008 Author: Elizabeth B. Goudey My Lease Says What?

The law of landlord and tenant in Wyoming can trace its origins back hundreds of years to feudal England when a lease was considered a conveyance of an interest in land. Landlord and tenant law, then, has its roots in British property law. When the Wyoming Territorial Legislature adopted the common law of England in 1876 (see W. S. 8-1-101), British law as it existed in 1607 became the rule of decision in this state unless modified by Wyoming courts or until repealed by the legislature. And what was the basic principle of landlord and tenant law in 1607? It was (and arguably still is) that in exchange for the rents, the landlord impliedly covenanted that he had the legal right to transfer the possession of the property and that he would leave the tenant in quiet enjoyment of the leasehold. As the centuries progressed and tenants moved off the land and migrated to the cities, a shift occurred in landlord and tenant law. It became obvious that it was no longer the land that was the important feature of the leasehold conveyance but the dwelling unit upon the land. Prospective tenants searching for housing began to be presented with residential leases that bound them to their landlords in a contractual relationship. And so it was that landlord and tenant law began to become a combination of ancient British property law and the law of contracts.

Why a Lease?

A landlord usually will require a written lease to be assured that he will receive a specified rent for a specified period of time. He will also want to define his rights and remedies against a tenant who may default on her obligation to pay rent or who may damage the property. These are legitimate reasons to require a written lease.

A tenant, on the other hand, may want a lease to be assured that her right to occupy the property is not disturbed and to be guaranteed that the rent will not be adjusted during the term of the lease. These, too, are legitimate reasons to require a written lease.

A good lease, like any fair contract document, will attempt to balance the rights and responsibilities of the signatory parties. But in landlord and tenant law the reality is often that a tenant is presented with a document drafted by the...