Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Wyoming and understand their responsibilities.
Quick Facts for Wyoming
- Grounds for Eviction: Failing to pay rent, lease term violations, remaining on property after end of rental agreement & illegal behaviors
- Notice Required for Nonpayment of Rent: 3-Day Notice to Quit
- Notice Required for Eviction without Cause: No state-specific time set, only that a written notice must be given
- Notice Required for Lease Violations: 3-Day Notice to Quit
- Fastest a Landlord Can Evict for Illegal Acts: 3 days, via Notice to Quit
How Long Does it Take to Evict a Tenant in Wyoming?
In the state of Wyoming, the eviction process may proceed more quickly than it does in some other states. This is because, though the landlord is required to provide a tenant with notice before he/she may proceed with the eviction process, in most cases only a 3-Day Notice is required.
However, as in most states, the length of the eviction process may be difficult to accurately predict. A prolonged eviction is generally due to the tenant’s willingness to fight the process.
Reasons for Eviction in Wyoming
The state of Wyoming has established a set of reasons for which a landlord may legitimately seek to reclaim a rental property. These include:
- Failing to pay rent (W.S. 1-21-1002 (1))
- Violating the terms of the lease (W.S. 1-21-1002( (vi))
- Remaining on the property after the end of the rental agreement (W.S. 1-21-1002 (1))
- Causing significant damage to the property.
The landlord must provide the tenant with a written notice before proceeding with the eviction process. Notices may be delivered to the tenant in person or left with a member of the tenant’s household over the age of 14.
Eviction for Failure to Pay Rent
A landlord must provide tenants with a written 3-Day Notice to Quit before proceeding with the eviction process. The landlord must wait three days after the rent was due to send the notice.
Eviction if Rent has Been Paid
In the state of Wyoming, an “at-will” tenant may be evicted without cause.
Evicting a Tenant For Violation of Rental Agreement/Lease
A landlord must provide tenants with a written 3-Day Notice to Quit when a violation of the terms of the lease has occurred before proceeding with the eviction process.
Evicting a Tenant for Illegal Behavior
A tenant may be sent a 3-Day Notice to Quit if he/she has participated in illegal activity on the rental property before the landlord may proceed with the eviction process.
How Does a Landlord Evict a Tenant in Wyoming When There is no Lease?
When seeking to reclaim a rental property from a month-to-month “at-will” tenant, the landlord must first provide written notice for the tenant to vacate. Unlike most states, the state of Wyoming does not establish an amount of time that must be allowed.
If the landlord wishes to evict a tenant who is renting for a set term, he/she must wait until the end of the term, unless he/she has a cause.
When Can a Tenant in Wyoming Not Be Evicted?
It is illegal for a landlord to seek to evict a tenant as a form of retaliation for filing a complaint regarding the safety or code violations of a property to the appropriate agency. It is also illegal for a landlord to seek to evict a tenant based on his/her age, race, religion, nation of origin, familial status, color, or disability status.
Once a Notice Expires
The landlord may proceed with the eviction process by filing a Forcible Entry and Detainer action with the court. The landlord must serve the tenant with a copy of the complaint and summons within 12 days of it being issued. If the tenant wishes to fight the eviction, he/she will want to file an Answer and attend the hearing.
Once Eviction Occurs
If the court rules in favor of the landlord, an Order of Restitution will be made. The landlord may also ask for a Writ of Restitution. The writ is then given to the sheriff to execute within two days.
Make sure to read the Wyoming Statutes §§ 1-21-1002 to 1-21-1003, 1-21-1202 to 1-21-1203 & 1-21-1211 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.