Wyoming Eviction Process

Last Updated: December 2, 2021 by Elizabeth Souza

Timeline. 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 (read more).

Questions? To chat with a Wyoming eviction attorney, Click here

Introduction. In Wyoming, landlords may evict tenants if they have legal reason to do so. There are procedures and rules a landlord must follow for a lawful eviction. 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:

NOTE
  • 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

Icons  document     on iPropertyManagement.com When a tenant has violated the terms of a rental agreement or lease for any reason (including nonpayment of rent and any other breach), a Wyoming landlord can give the tenant three days’ written notice stating that the tenant must move out.

This notice covers a variety of noncompliance issues, including:

  • Nonpayment of rent (once it’s been three days after the due date).
  • Failing to move out when the lease term or rental period expires.
  • Causing health or safety issues.
  • Too many people living in the rental unit.
  • Violating the terms of the lease or 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.

Wyoming law does not specify how much notice the landlord must give to a tenant when it comes to month-to-month leases, but it is generally around 30 days.

If the tenant remains on the rental property after the notice period expires, the landlord can proceed with the eviction process.

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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:

  1. Giving a copy to the tenant in person.
  2. Leaving a copy with someone over the age of 14 who lives at the rental property.
  3. Leaving a copy at the tenant’s workplace with one of the tenant’s employees.
  4. 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.

Clock   on iPropertyManagement.com3-12 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 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.

Clock   on iPropertyManagement.com 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 later.

Clock   on iPropertyManagement.com 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 two days of receiving the writ of restitution.

Clock   on iPropertyManagement.com2 days. The tenant has two 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. These estimates can vary greatly, and some time periods may not include weekends or legal holidays.

  1. Initial Notice Period – Three days, regardless of the reason for eviction.
  2. Issuance/Service of Summons and Complaint – 3-12 days before the hearing date.
  3. Court Hearing and Ruling on the Eviction – A few days to a few weeks, more if a continuance/jury trial is requested.
  4. Issuance of Writ of Restitution – A few hours to a few days.
  5. Return of Possession – Two days.
Questions? To chat with a Wyoming eviction attorney, Click here

Additional Information

Tenant’s Abandoned Personal Property. If a tenant leaves behind their personal property after an eviction, the landlord may dispose of any valueless items, trash, hazardous materials, or perishable items. If a tenant leaves behind valuable items, the landlord must provide the tenant with written notice. The notice must state that the property will be disposed of after seven days from the service of notice. Service of the notice may be mailed by certified mail, delivered in person, or published in a newspaper in the county of where the rental unit is located.

If the tenant responds to the notice within seven days via written notice, the personal property must be held by the landlord for an additional seven days. If the tenant does not claim the property within the additional 15-day period, the property shall be deemed abandoned and the landlord may sell, keep, or dispose of the property.

Tenant’s Defenses for Eviction. A tenant may have a legal reason to fight or delay an eviction. Below are common defenses:

  • The landlord does not maintain the rental unit.
  • There was improper notice given to the tenant.
  • The landlord shuts off essential services or utilities (i.e. heat, water, electric, etc.).
  • The tenant has notified the landlord of a violation of a building or housing code on the rental unit that is affecting the health and safety of the tenant or others and the landlord has made no effort to fix the violation.
  • The tenant has complained to a governmental agency and the landlord retaliates with an eviction suit.

Flowchart of Wyoming Eviction Process

Wyoming Eviction Process Flowchart on iPropertyManagement.com

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.

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