Wyoming eviction notices are delivered to tenants to communicate that they have to remedy a violation (if possible) or quit the premises in the number of days indicated in the form. Such notice will only be given to tenants who are in violation of their lease agreement or their duties under law. In Wyoming, all violations require that a landlord provide their tenant with at least three (3) days to move out before they can commence a forcible entry and detainer action against them. The property owner or manager is not legally required to give the tenant the opportunity to remain on the premises after they’ve fixed the issue.
3-Day Notice to Quit for Non-Payment – A landlord can serve this notice if the tenant is at least three (3) days late on their rent.
3-Day Notice to Quit for Non-Compliance – Served on a tenant to notify them that they’ve violated their lease or their duties under law and that they must vacate the rental property within three (3) days.
3-Day Notice to Quit for Prohibited Acts – If the tenant damages the property, denies the landlord access, or interferes with another person’s enjoyment of the premises, they can be served with this three (3) day notice.
Notice to Terminate for Month-to-Month Lease – Used for terminating a periodic or month-to-month tenancy.
- Grace Period (§ 1-21-1002(a)(i)): Three (3) Days
- Non-Payment of Rent (§ 1-21-1002(a)(i) and § 1-21-1003): Three (3) Days
- Lease Non-Compliance (§ 1-21-1002(a)(iv) and § 1-21-1003): Three (3) Days
- Periodic Tenancy Termination: Not mentioned in state statutes
- Illegal Activity: Not mentioned in state statutes
- Damage to the Property (§ 1-21-1002(a)(vi), § 1-21-1205 and § 1-21-1003): Three (3) Days
Wyoming, like all states, has an eviction procedure that must be adhered to by landlords looking to get rid of a difficult tenant. They must first provide a prelawsuit warning before filing the eviction action (called a forcible entry and detainer). They can then file with the court if the tenant doesn’t respond, and plead their case before a judge to receive a court order to have the tenant legally removed from the premises. In many cases, the tenant will quit the property before it gets to a point where law enforcement is involved.
Step 1 – Notice to Quit
A notice to quit must be delivered to the tenant if they’ve violated their lease. The violation could be not paying rent, holding over after the term, damaging the premises, refusing entry to the landlord, or otherwise failing to comply with the lease agreement or Wyoming state statutes. In all cases, the landlord must give the tenant three (3) days to leave the property before a lawsuit is filed. The notice can be served by giving a written copy directly to the tenant, or leaving it at their primary residence or place of business.
- 3-Day Notice to Quit for Non-Payment
- 3-Day Notice to Quit for Non-Compliance
- 3-Day Notice to Quit for Prohibited Acts
- Notice to Terminate for Month-to-Month Lease
Step 2 – Summons and Complaint
To initiate the lawsuit in the case of an unresponsive tenant, the landlord will have to file a Complaint (Forcible Entry and Detainer) at the Circuit Court that has jurisdiction over the rental property. The court will issue a Summons which must be served on the tenant between three (3) and twelve (12) days before the trial date set by the judge. Service should be performed by the sheriff or a private process server (the landlord should check with the court clerk to find out the county’s requirements). The Summons will include the date of the trial and the cause of the Complaint.
Step 3 – Tenant’s Answer (optional)
The tenant may choose to file a written Answer to the Complaint for Forcible Entry and Detainer. This can form can be completed to file with the court clerk to communicate the tenant’s intention to deny or admit to the landlord’s claims. It should be noted that the tenant can participate in the trial regardless of whether they file an answer with the court.
Step 4 – Trial
Both parties should appear on the date set by the judge. If the tenant does not appear, the court will try the action as though they were present. The landlord must sustain their argument with evidence, or the judge will dismiss the action and the tenant will be permitted to remain on the premises. If the court finds that the complaint is not true, the tenant will win and the judge will enter judgment against the landlord for the court costs. If the complaint is found true, the court will enter a Writ of Restitution of the premises and costs providing the landlord with possession of the property and payment of costs by the tenant. A judgment for rent due will have the judge issuing a Writ of Restitution that details the costs and rent owed.
Step 5 – Writ of Execution/Restitution
The Writ of Restitution or Writ of Execution will be sent to the sheriff’s office to be served on the tenant two (2) days after the verdict. Once delivered, the officer will be required to stand by while the landlord and a locksmith change the locks. Only the sheriff will be legally allowed to physically remove the tenant from the residence. The landlord will be responsible for removing the tenant’s property from the vicinity.
- Signing: Court Clerk
- Signing: Plaintiff (landlord)
- Answer to Complaint for Forcible Entry and Detainer
- Writ of Restitution
- Signing: Judge
- Writ of Execution
- Signing: Judge