The Wyoming month to month lease termination letter is a notice that is sent from a landlord or tenant to the other party when they have decided that they do not wish to continue a tenancy at will arrangement. This are no laws that require a minimum time-frame for either the landlord or tenant to give when cancelling so it is best to use the period stated in the agreement or the standard norm of thirty (30) days. The notice must be sent either by being personally given to the other party or by sending certified mail (with return receipt). How
Wyoming Eviction Process & Laws | Free WY Eviction Notices
The Wyoming three (3) day notice to quit, in regards to § 1-21-1003, must be used when a tenant has failed to pay rent. Three (3) days is the minimum amount of time required under Wyoming State law for a tenant to be able to pay the past due rent/vacate the unit before the landlord can file an eviction action. If the tenant does pay the past due rent/vacates the unit within the three day period, the landlord cannot file an eviction suit against them. Note: The notice can only be served if the tenant is more than three (3)
How to Evict a Tenant (Process)
An eviction in the State of Wyoming must begin with the landlord serving the tenant with a notice to quit. The standard notice that is used for nonpayment/noncompliance is the ‘three (3) day notice to quit.’ After the tenant has been served with this notice, they are required by law to either pay the past due rent/cure the lease violation. If they fail to comply with the notice, the landlord can file an eviction lawsuit against them.
Note: The only way that a landlord can evict a tenant is by obtaining a court order.
Step 1 – The landlord must serve the tenant with the proper notice. If the tenant has failed to pay rent* or has committed a violation of the lease agreement, they must be served with a three (3) day notice to pay/cure/quit. The notice can be served personally, left on the premises of the rental unit (or left at the tenant’s place of employment), as well as posted on the front door of the unit. If the tenant complies with the notice (i.e. pays the past due rent/cures the violation), the landlord cannot continue with the eviction.
*The notice to pay/quit can only be served three (3) days after the date the rent is due (in other words the tenant must be at least three days late on rent).
Step 2 – If the tenant does not comply with the notice within the three day period, the next step is for the landlord to file a “Forcible Entry and Detainer Complaint” (i.e. eviction action) in court. After the complaint has been filed, the tenant will be served a copy of it (along with a “Summons”) by a Sheriff or private process server. The summons will tell the tenant the date/time they must appear in court. The tenant must file a written answer before the scheduled court date.
Note: The trial date is typically 3 to 12 days from the initial filing date. Evictions in the State of Wyoming are handled in Circuit Court. If the tenant does not file a written answer, they will most likely lose the lawsuit by default (and lose possession of the rental unit).
Step 3 – The case will be heard in front of a judge (unless the landlord or tenant requests a jury trial). Both parties will be allowed to present evidence (payment history, lease agreement, etc.) and witnesses (unless the tenant did not file a written answer – then only the landlord can present evidence/witnesses). If the landlord wins the suit, the judge will award a judgement to him/her (for possession of the rental unit/property). The judge might also order the tenant to pay for the landlord’s legal fees, any unpaid rent, etc.
Step 4 – After a judgement has been made in favor of the landlord, they can then request a “Writ of Restitution.” The writ will order the Sheriff to remove the tenant from the premises of the rental unit. The writ will give the tenant somewhere between 0-30 days to vacate the unit before the Sheriff will come back to remove them. If the tenant has not moved out by the date stated in the writ, the Sheriff will remove them from the property and lock them out. After the Sheriff has removed the tenant from the property, the landlord can remove the tenant’s possessions/property from the unit.