Wyoming Eviction Process

Last Updated: March 4, 2024 by Roberto Valenzuela

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.

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
• Staying after the lease ends
• Violating the terms of the lease

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Nonpayment of Rent

In Wyoming, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant an opportunity to pay the balance due or move out. [1]

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Wyoming the day immediately after its due date. Wyoming landlords are not required to give tenants a rent payment grace period.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease

In Wyoming, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30 days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Wyoming, a landlord can evict a tenant for overstaying their lease or violating the terms of their lease  and not upholding their responsibilities under Wyoming landlord-tenant law. [2] To do so, the landlord must first provide a 3 days’ notice to comply or vacate.

For tenants that have overstayed their lease (known as a “holdover tenant”), they do not have the option to fix the issue and must move out within the 3 day period.

For all other violations, landlords are not legally required to give tenants a chance to fix the issue. So, at the discretion of the landlord, the tenant can either correct the violation or move out. 

Examples of lease violations include:

• Failing to keep the premises in a clean and sanitary manner
• Allowing unauthorized occupants or pets on the premises
• Causing property damage
• Disturbing the peace and enjoyment of other persons
• Refusing to allow the landlord access to the rental unit

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Wyoming

In Wyoming, there are a few different types of evictions that are illegal. 

“Self-Help” Evictions

A landlord is not allowed to forcibly remove a tenant by:

• Changing the locks
• Shutting off utilities
• Removing tenant belongings

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 such as:

• Joining a tenant’s union
• Making a complaint to a governmental office
• Reporting a landlord for habitability issues

Read More

In Wyoming, all evictions follow the same process:

1. Landlord serves tenant written notice of violations
2. Landlord files complaint with court for unresolved issues
3. Court holds hearing and issues judgment
4. Writ of restitution is issued
5. Possession of property is returned to landlord

Step 1: Landlord Serves Notice to Tenant

Wyoming landlords may deliver an eviction notice in writing, using any of these methods: [3]

1. Hand delivery to the tenant
2. Only if the tenant cannot be found: Leaving a copy of the notice at the tenant’s residence or usual place of business

3-Day Notice To Quit

In Wyoming, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or move out.

30-Day Notice To Vacate

For a tenant with no lease or a month-to-month lease in Wyoming, the landlord can serve them a 30-Day Notice To Vacate to end the tenancy. This lease termination notice allows the tenant 30 days to move out.

For tenants that don’t pay monthly, the amount of notice does not change.

3-Day Notice To Comply or Vacate

In Wyoming, if a tenant commits a violation of the terms of their lease and legal responsibilities, the landlord can serve them a 3-Day Notice To Comply or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.

If the tenant overstays their lease, this eviction notice gives them 3 days to move out without the chance to fix the issue.

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: [4] [5] [6]

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.

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 2 day continuance without having to pay any bond into the court. However, any request for a continuance longer than 2 days must be accompanied by a court-ordered bond payment. [7]

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 2 days of receiving the writ of restitution. [8]

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.

Flowchart of Wyoming Eviction Process

Wyoming Eviction Court Fees

The cost of an eviction in Wyoming for all filing, court, and service fees can vary based on service fees. For cases filed in Circuit Court, [1]the average cost is $255.

Read more