Wyoming Eviction Notices
Wyoming eviction notices exist to support a landlord’s intent to evict a tenant who has breached the terms of their lease agreement and, in doing so, violated Wyoming forcible entry and detainer laws. Wyoming law is comprised of simple procedures, relative to other states, focusing on the three (3) day eviction notice. The 3-day eviction notice covers all violations precipitated by a tenant; nonpayment of rent, holding over the term of the lease, failure to perform renter’s duties (§ 1-21-1204), and acts prohibited under § 1-21-1205. A landlord must wait three (3) days past the rent due date before delivering an eviction notice for nonpayment of rent whereas any other breach of the agreement allows the landlord to serve the notice immediately after the violation occurs. The tenant, after being served the notice, has three days to cure the violation or voluntarily vacate the premises. If they fail to accomplish this, the landlord has the right to pursue legal action in circuit court.
How to Evict a Tenant (Process)
Both landlord and tenant must uphold their end of the lease agreement, i.e., the landlord must maintain the safe and sanitary state of the property and the tenant must comply with the conditions thereof, performing their duties as set forth in § 1-21-1204. Failure on the tenant’s part could result in the landlord filing for eviction with the circuit court in the county where the property is located. The landlord must be mindful of the eviction process as any discrepancy could provide the tenant with a legitimate defense in court.
Step 1 – Serve Eviction Notice
A landlord must begin the eviction process by serving their tenant with an eviction notice. In Wyoming, the three (3) day eviction notice covers all types of evictions; nonpayment of rent and any violation of the lease agreement. This notice gives the tenant three days to cure the violation or vacate the premises voluntarily. After three (3) days have passed, and the tenant has not complied with the terms of the notice, the landlord can file a Complaint and Summons.
3-Day Notice – Used for all evictions in the State of Wyoming.
Notice can be delivered in person to the tenant or, if the tenant is not on the premises, posted somewhere conspicuous on the property.
Step 2 – Complaint and Summons
Once the notice period has ended, the landlord will file a Complaint with the circuit court in the county where the rented property is located. A Summons will be issued after the complaint is filled and will state the cause of the complaint as well as the time, date and location of the trial. Copies of these forms must be delivered to the tenant no less than three (3) but no more than twelve (12) days before the trial date. The tenant is not required to answer the summons in order to participate in the trial, however, filing an Answer to Complaint will allow the tenant to defend themselves by summoning witnesses and presenting evidence. On the date of the trial, both parties shall appear before the judge. Should the tenant fail to appear, the court shall attempt to proceed as though the tenant were present.
Step 3 – Trial
Either party can demand trial by jury, otherwise a judge alone shall preside over the action. Regardless of trial settings, the court will enter judgment either for or against the plaintiff (landlord) depending on the validity of the complaint. A judgment in favor of the landlord will be restored restitution of the premises, payment of past due rent (if applicable), and any other costs and attorney fees incurred before or during the eviction process. If the court finds the complaint is not true, the judgment shall be in favor of the tenant, and the landlord is responsible for all costs incurred during the trial period.
Step 4 – Restitution
The tenant is required to vacate the premises once a judgment has been ruled in favor of the landlord. The landlord may request that the court issue a Writ of Restitution, which will force the tenant to move themselves and their property from the premises or risk the Sheriff’s department getting involved. Resisting a writ of restitution could lead to trespassing charges against the tenant.