Steps of the eviction process in Wyoming:
Timeline. Evicting a tenant in Wyoming can take around 3 to 4 weeks. If tenants request a continuance or jury trial, the process can take longer (read more).
Below are the individual steps of the eviction process in Wyoming.
Step 1: Notice is Posted
Landlords in Wyoming can begin the eviction process for the following reason:
- Violation of Lease Terms / Rental Agreement – Every possible reason a landlord could have for evicting a tenant is included under this category; and landlords must provide written notice prior to evicting a tenant.
- Evicting a Squatter If the individual occupying the property did not have the permission of the landlord when initially moving in, does not have a lease (or verbal agreement) and has no history of paying rent, then a landlord/tenant relationship may not be established. As a result, the normal eviction process may not be applicable (read more).
Each possible ground for eviction has its own rules for how the process starts.
Eviction Process for Violation of Lease Terms / Rental Agreement
When a tenant has violated the terms of a rental agreement/lease for any reason (including nonpayment of rent and any other breach), a Wyoming landlord can give the tenant 3 days’ written notice stating that the tenant must move out.
This notice covers a variety of non-compliance issues, including:
- Nonpayment of rent (once it’s been three days after the due date)
- Failing to move out when the lease term/rental period expires
- Causing health/safety issues
- Too many people living in the rental unit
- Violating the terms of the lease/rental agreement
- Damaging the rental property
- Preventing other tenants from peacefully enjoying the rental property
- Unreasonably refusing to allow the landlord to enter the rental unit to make repairs, inspect the unit, or show the unit
If a landlord chooses to allow the tenant the option of remedying the issue (i.e. paying rent), then they can; however, this is not required to be included on the written notice.
If the reason for eviction was nonpayment of rent, and the tenant pays past-due rent (and any associated fees) in full prior to the eviction hearing, the eviction proceedings will be stopped.
If the tenant remains on the rental property after the notice period expires, the landlord can proceed with the eviction process.
Step 2: Complaint is Filed and Served
As the next step in the eviction process, Wyoming landlords must file a complaint in the appropriate circuit court. In the state of Wyoming, this costs about $55 in filing fees.
The summons and complaint must be served on the tenant by the sheriff or anyone over the age of 18 who isn’t part of the case, 3-12 days prior to the hearing via one of the following methods :
- Giving a copy to the tenant in person
- Leaving a copy with someone over the age of 14 who lives at the rental property
- Leaving a copy at the tenant’s workplace with one of the tenant’s employees
3-12 days. The summons and complaint must be served at least 3 days, but no more than 12 days, prior to the eviction hearing.
Step 3: Court Hearing and Judgment
Wyoming laws do not address how quickly an eviction hearing must be held after the landlord’s complaint is filed with the court.
Tenants are not required to file a written answer with the court in order to attend the hearing, but they can choose to do so if they want.
If the tenant does not appear for the hearing, the trial will continue as scheduled and the judicial officer may rule in favor of the landlord, meaning the tenant would have to move out.
Tenants may request a 2 day continuance without having to pay any bond into the court. However, any request for a continuance longer than two days must be accompanied by a court-ordered bond payment.
If either the landlord or tenant requests a jury trial, this will add more time to the process.
If the judge rules in favor of the landlord, a writ of restitution will be issued and the eviction process will proceed.
A few days to a few weeks, depending on the court location’s trial schedule.
Step 4: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to move out before the sheriff returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ restitution. This can be done at the hearing or at a later date.
A few hours to a few days. The landlord must request the writ of restitution, but it can be issued the same day as the hearing.
Step 5: Possession of Property is Returned
A law enforcement officer must remove the tenant from the rental unit within 2 days of receiving the writ of restitution.
2 days. The tenant has 2 days at the most once the writ of restitution has been issued to move out of the rental unit before a law enforcement officer forcibly removes them from the property.
Wyoming Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Wyoming. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
- Initial Notice Period – 3 days, regardless of the reason for eviction.
- Issuance/Service of Summons and Complaint – 3-12 days before the hearing date.
- Court Hearing and Ruling on the Eviction – A few days to a few weeks, more if a continuance/jury trial is requested.
- Issuance of Writ of Restitution – A few hours to a few days.
- Return of Possession – 2 days.
Flowchart of Wyoming Eviction Process
For additional questions about the eviction process in Wyoming, please refer to the official legislation, Wyoming Statutes §§1-21-1001 to 1-21-1016, §§1-21-1201 to 1-21-1211, and Wyoming Rules of Civil Procedure, Rule 4, for more information.