Steps of the eviction process in Wyoming:
- Landlord serves tenant written notice.
- Landlord files Complaint with court (if unresolved).
- Court holds hearing and judgment issued.
- Writ of restitution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Wyoming can take around three to four weeks. If tenants request a continuance or jury trial, the process can take longer.
Grounds for an Eviction in Wyoming
In Wyoming, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, violating lease terms, or the sale of the rental unit. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | No |
| Lease Violation | 3 Days | No |
| Sale of Rental Unit | 3 Days | No |
Eviction for Nonpayment of Rent
In Wyoming, a landlord can evict a tenant for not paying rent on time. To do so, they must first provide 3 days’ notice to vacate the premises.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Wyoming 3 days after it’s due. So for example, if rent is due on the first of the month, it is considered late starting on the fourth of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for Violation of Lease or Responsibilities
In Wyoming, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Wyoming landlord-tenant law. Landlords are not required to allow tenants to correct a lease violation in these instances, but they must provide tenants with a 3 day notice to vacate.
Tenant responsibilities include:
- Maintaining the rental unit in a safe and clean manner.
- Disposing of all garbage and other waste in a clean and safe manner.
- Maintaining all plumbing fixtures.
- Using all electrical, plumbing, sanitary, heating and other facilities and appliances in a reasonable manner.
- Occupying the residential rental unit in the manner which it was designed.
- Not allowing other occupants to live at the premises without the owner’s permission.
- Complying with all rental agreement provisions.
- Removing all personal property from the premises prior to the termination of the rental agreement.
- Not destroying, damaging, impairing or removing any part of the premises.
- Not interfering with another person’s peaceful enjoyment of the premises.
- Not unreasonably denying access of the premises to the landlord.
Typical lease violations under this category include:
- Having an unauthorized pet or guest.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
Eviction for Sale of Rental Unit
In Wyoming, a landlord can evict a tenant if they want to sell the rental unit. To do so, they must first terminate the tenancy by giving 3 days’ notice to vacate the premises.
If the tenant remains on the property after the notice period expires, the landlord may proceed and file an eviction lawsuit.
Illegal Evictions in Wyoming
In Wyoming, certain actions by landlords can make an eviction illegal.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process. There is no state statute permitting self-help evictions, but to gain lawful possession of the property, the landlord must go through the eviction process.
Retaliatory Evictions
While in most states it is illegal for a landlord to evict a tenant in response to exercising a legally protected right, there are no anti-retaliation statutes in Wyoming. Wyoming has no statutes prohibiting landlord retaliation when a tenant exercises a legal right (i.e., joining a tenant’s union or making a complaint to a governmental official regarding a habitability issue).
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Wyoming by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person.
- Leaving a copy at the tenant’s residence or business.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Quit
If a tenant is late on paying rent (full or partial) or commits a lease violation in Wyoming, the landlord can serve them a 3-Day Notice to Quit. This notice gives the tenant 3 calendar days to move out.
Note, if the tenant pays in full prior to the eviction hearing, the eviction proceedings will be stopped.
Step 2: Landlord Files Lawsuit with Court
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.
- Delivering a copy to an agent authorized by appointment or by law.
The summons should include the cause of the complaint, the time and location of the hearing.
Step 3: Court Holds Hearing & Issues 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 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 two 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.
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 later.
Step 5: Possession of Property is Returned
A law enforcement officer must remove the tenant from the rental unit within two days of receiving the writ of restitution.
Wyoming Eviction Process Timeline
In Wyoming, an eviction can be completed in 3-4 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Wyoming eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3 Calendar Days |
| Court Issuing/Serving Summons | 3-21 Business Days |
| Tenant Response Period | 7 Business Days |
| Court Ruling | ~3-21 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 2 Business 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.
Sources
- 1 WY Stat § 1-21-1003
-
The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found
- 2 WY Stat §1-21-1002 (2019)
-
(a) Proceedings for forcible entry and detainer may be had in any of the following cases: (i) Against tenants holding over their terms or after a failure to pay rent for three (3) days after it is due;…(vi) Against renters in violation of any terms imposed under W.S. 1-21-1204 or 1-21-1205…
- 3 WY Stat § 1-21-1003
-
The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found.
- 4 Annotation to WY Stat §1-21-1002 (2019)
-
In an action of forcible entry and detainer brought under this section for failure to pay rent for three days, a tender of the rent made before commencement of the action bars the action. Durante v. Consumers Filling Station Co., 71 Wyo. 271, 257 P.2d 347, 1953 Wyo. LEXIS 20 (Wyo. 1953).
- 5 WY Rules of Civil Proc, Rule 4 (2019)
-
(c) Except as otherwise ordered by the court, process may be served: (1) By any person who is at least 18 years old and not a party to the action; (2) …by the sheriff of the county where the service is made or sheriff’s designee, or by a United States marshal or marshal’s designee…
- 6 WY Stat §1-21-1004 (2019)
-
The summons shall state the cause of the complaint against the defendant, the time and place of trial and shall be served and returned as in other cases. Such service shall be not less than three (3) nor more than twelve (12) days before the day of trial set by the judge. The defendant shall not be required to file a written answer to the complaint as a condition of being allowed to participate fully in the trial.
- 7 WY Rules of Civil Proc, Rule 4 (2019)
-
(e)(1) by delivering a copy…to the individual personally, (2) by leaving copies thereof at the individual’s dwelling house…with some person over the age of 14 years then residing therein, (3) at the defendant’s usual place of business with an employee of the defendant… or (4) by delivering a copy…to an agent authorized…to receive service of process.
- 8 WY Stat §1-21-1007 (2019)
-
No continuance shall be granted the defendant for longer than two (2) days unless he gives a bond to the adverse party, with good and sufficient surety approved by the circuit court, conditioned for the payment of the rent that may accrue and costs if judgment is rendered against him.
- 9 WY Stat §1-21-1013 (2019)
-
Unless the defendant takes an appeal, the officer shall execute the writ of restitution within two (2) days after receiving it, Sundays excepted, by restoring the plaintiff to possession of the premises. He shall levy and collect the execution for rent and costs and make return as upon other executions.
