Wyoming eviction law

An eviction case may be brought against a tenant who has failed to pay rent for three days after it is due. Before filing, serve a written notice to leave the premises at least three days before starting the action, by leaving a copy with the tenant or, if the tenant cannot be found, at the tenant's usual home or place of business.

W.S. 1-21-1002(a)(i) W.S. 1-21-1003

• The statute's notice is a notice to leave. It does not have to offer the tenant a chance to pay. W.S. 1-21-1003
• The same notice rule applies before any forcible entry and detainer action. W.S. 1-21-1003 See Eviction process on the Wyoming page

The eviction and residential rental property articles set no cure period for a lease violation. An eviction case may be brought against a tenant who violates the statutory tenant duties or prohibited acts, and the same written notice to leave must be served at least three days before the action.

W.S. 1-21-1002(a)(vi) W.S. 1-21-1003

• Those duties include keeping the unit clean and safe, not exceeding the agreed number of occupants without written permission, being current on payments and complying with lawful lease terms. W.S. 1-21-1204
• The prohibited acts are damaging the unit, interfering with others' peaceful enjoyment, and unreasonably denying access for repairs, inspections or showings. W.S. 1-21-1205

Evictions are forcible entry and detainer cases in circuit court. Serve the three-day written notice to leave, then file. The summons is served 3 to 12 days before the trial date, and the tenant does not have to file a written answer to take part. If the court finds for you, it enters judgment for restitution of the premises and costs, and in a nonpayment case also the rent due and attorney's fees as the lease provides.

W.S. 1-21-1001 W.S. 1-21-1003 W.S. 1-21-1004 W.S. 1-21-1008

• Grounds include holding over after the term, failing to pay rent for three days after it is due, and violating the statutory tenant duties or prohibited acts. W.S. 1-21-1002(a)
• A continuance of more than two days for the tenant requires a bond covering accruing rent and costs. W.S. 1-21-1007
• Either party may demand a jury. W.S. 1-21-1009
• At your request the court issues a writ of restitution, and unless the tenant appeals the officer executes it within two days after receiving it, Sundays excepted. W.S. 1-21-1012 W.S. 1-21-1013
• An appeal stays the judgment only if the tenant files a bond within 48 hours after judgment, Sundays excepted, and in a rent case also deposits the rent in the judgment and keeps depositing rent as it comes due. W.S. 1-21-1014(b) W.S. 1-21-1015
• A business entity that owns a majority interest in the property may appear through an owner, shareholder, member or partner without a lawyer, after written notice signed by all of them, unless it seeks a judgment above the small claims limit. W.S. 1-21-1017
• If the tenant does not leave as ordered, the sheriff may remove the tenant's possessions and bar reentry. W.S. 1-21-1211(a)
• For someone who unlawfully entered and is not a current or former tenant or a family member, an owner may instead file a sworn complaint asking the sheriff or police for immediate removal. Wrongful use can cost triple the fair rental value for the time of removal, plus damages, costs and attorney fees. W.S. 1-21-1402 W.S. 1-21-1403(c)
• The Wyoming Judicial Branch eviction page has separate landlord and tenant forms, including notice and complaint materials, an optional answer, dismissal documents and an abandoned-property notice. It also offers guided form completion. Choose the documents for the actual stage and your role, and check the court’s current filing and service instructions. Keep the lease, notice, service record, rent ledger, payment receipts and relevant messages or photos together for the hearing. An optional answer does not replace attending as the summons directs, and completing a form does not itself grant possession or authorize disposal of belongings. Wyoming Judicial Branch: eviction forms and guided tools

The Wyoming articles read for this page recover possession through the circuit court: an eviction case, a judgment for restitution and a writ the sheriff carries out. None of them authorizes changing the locks or shutting off utilities to force a tenant out. Court decisions on self-help were not read.

W.S. 1-21-1001 W.S. 1-21-1012 W.S. 1-21-1013

• If the tenant does not leave as a court order requires, the sheriff may remove the tenant's possessions and keep the tenant from reentering without further court action. W.S. 1-21-1211(a)
• A quick sheriff removal exists for people who unlawfully entered a home, but it is not available against a current or former tenant under a written or oral rental agreement. W.S. 1-21-1402(a)(iv) See Eviction process on the Wyoming page

Once you lawfully regain possession after the agreement ends, you may immediately dispose of trash and anything you reasonably believe is hazardous, perishable or valueless and abandoned. Property left in the unit is presumed valueless and abandoned. For valuable property, give written notice describing it and saying it will be disposed of after seven days unless the tenant takes it or tells you in writing within that time that they will.

W.S. 1-21-1210

• The notice is served on the date it is mailed by certified mail to an address the tenant gave in writing for this purpose, on the date it is personally served under the court rules, or on the date it is published in a newspaper in the county. W.S. 1-21-1210(a)(i)
• If you get no written response within seven days after service, the property is conclusively abandoned and you may keep or dispose of it. W.S. 1-21-1210(a)(ii)
• If the tenant answers in writing in time, hold the property seven more days after you receive the answer. The same sentence then refers to an additional fifteen-day period, so allowing the longer time is the careful reading. W.S. 1-21-1210(a)(iii)
• You may charge reasonable storage costs if you store it yourself, or actual costs if stored commercially, plus the cost of moving it, and the tenant pays before removing it. You are not responsible for loss from storage. W.S. 1-21-1210(b) W.S. 1-21-1210(c)

No section of Wyoming's residential rental property or eviction articles prohibits retaliation against a tenant for complaints or for using legal rights. The Safe Homes Act separately bars ending a tenancy solely because a tenant, applicant or household member is a victim of domestic abuse or sexual violence.

W.S. 1-21-1201 to 1-21-1211 W.S. 1-21-1001 to 1-21-1017 W.S. 1-21-1303(c)

• That bar does not prevent decisions based on other lawful factors you know about. W.S. 1-21-1303(c)
• Under the Wyoming Fair Housing Act it is a discriminatory practice, and a misdemeanor, to coerce, intimidate, threaten or interfere with anyone for exercising fair housing rights or helping someone else exercise them. W.S. 40-26-144(b) W.S. 40-26-144(c)