How to Evict a Tenant in Wyoming
Step 1 – Issue Notice to the Tenant
You must issue an eviction notice to the tenant. State law requires you to hand-deliver the notice if possible. If the tenant is unavailable, you can leave a copy at the tenant’s residence or usual place of business (Wyo. Stat § 1-21-1003).
Step 2 – Wait for the Tenant’s Response
If the violation is curable and the tenant responds by correcting the breach, the lease continues. If the tenant doesn’t respond to the eviction notice and fails to vacate the property, you are free to file an action.
Timeline
Allow the tenant three days to respond, whether it’s for a compliance or nonpayment issue.
Step 3 – File in the Appropriate Circuit Court
File a complaint with the circuit court in the relevant county, requesting a summons for eviction proceedings.
The court will issue a summons that includes the cause of the complaint against the tenant and the time and location of the eviction hearing. The summons has to be delivered to the tenant at least three days and no more than 12 days prior to the hearing date (Wyo. Stat. § 1-21-1004).
Per Wyo. R. Prac. & P. Rule 4, someone who’s at least 18 and not a party to the case must deliver the summons. This person may complete the delivery via any of these methods:
- Hand deliver a copy to the tenant.
- Leave a copy with a resident living at the property who’s at least 14.
- Give a copy to someone at the tenant’s workplace.
- Deliver a copy to an agent with authorization by law or appointment to receive service of process.
Timeline
The server should serve the summons three to 12 days before the hearing.
Step 4 – Attend the Scheduled Hearing
Appear at the hearing and present evidence of your need for possession of the property, including:
- A copy of the original lease agreement
- Evidence of unpaid rent or breach of contract
- Proof of rightful ownership
If the tenant appears at the hearing, each party may answer the other party’s complaint and present evidence to the court (Wyo. Stat. § 1-21-1006). Even if the tenant fails to appear at the hearing, the court will proceed with the eviction process as if they were present (Wyo. Stat. § 1-21-1005).
Timeline
The court hearing and judgment may take between a few days and a few weeks to complete.
Step 5 – Secure a Writ of Restitution
If the court rules in your favor, the tenant will be ordered to pay past-due rent and other associated costs, damages, and attorney fees. Additionally, the court will issue a Writ of Restitution. An officer of the law will execute the Writ of Restitution within two days of receipt, not including Sundays, and the landlord will take possession of the property (Wyo. Stat. § 1-21-1013).
Eviction Reasons
Property owners in Wyoming can initiate eviction proceedings for the following reasons:
- The tenant fails to pay rent or pay rent on time.
- The tenant only pays partial rent.
- The landlord wants to terminate a periodic tenancy.
- The tenant, household members, or guests cause damage to the rental unit.
- The tenant interferes with others’ enjoyment of the property.
- The tenant denies the landlord reasonable access to the unit.
- The tenant violates the lease’s terms or health or safety codes.
It’s illegal under federal law to evict a tenant based on their race, ethnicity, national origin, gender, religious practices, familial status, sexual orientation, or disability (Federal Fair Housing Act).
At-Fault Evictions
If a tenant commits an offense that causes the landlord to initiate an eviction, it’s an at-fault eviction. Here are the notices to use for an at-fault eviction:
1. Notice to Pay Rent or Quit
When tenants fail to pay rent, you can give them a three-day notice to pay rent or quit. This type of eviction notice warns them they have three days to pay their overdue rent and any associated late fees or face eviction through court proceedings.
If you don’t want to continue with the current lease agreement, Wyoming allows landlords to wait the obligatory three days past the rent due date to terminate the lease with an unconditional quit notice. You would still need to file for forcible entry and detainer suit with the court to regain possession.
Overview
- Use this notice if a tenant is behind on rent and you’re letting them remedy the breach.
- It instructs the tenant to pay rent or vacate the property within three days.
- The three-day notice to pay rent includes the full balance of overdue rent plus any interest or late fees the landlord assesses.
- The laws governing this notice are Wyo. Stat. § 1-21-1002 and Wyo. Stat. § 1-21-1003.
2. Notice to Comply or Quit
A three-day notice to comply or quit informs the tenant they must address a lease violation or leave the property.
You will need to decide if the tenant will be allowed to remedy the breach of contract and continue their lease or whether they need to vacate immediately.
Overview
- Issue this notice if a tenant breaks the lease agreement.
- It instructs the tenant to repair the breach or vacate the property within three days.
- Violation examples include a failure to properly dispose of trash or the unauthorized presence of pets in the rental unit.
- A more serious breach would be performing criminal activity on the property.
- As the landlord, you can decide whether to allow for remediation.
- If the breach is incurable, this document notifies the tenant of your intention to file for eviction if they don’t vacate in three days.
- The laws governing this notice are Wyo. Stat. § 1-21-1204 and Wyo. Stat. § 1-21-1002.
No-Fault Evictions
Sometimes, a landlord may want to end a lease through no fault of the tenant. If this is the case, the landlord should issue the following notice:
1. Lease Termination Notice
When the tenant has a periodic lease, such as a month-to-month lease, a lease termination letter provides notice that you plan to end the rental agreement.
A lease termination letter contains the following elements:
- The landlord’s and tenant’s names and contact information
- A description of the rental property
- The date of the original lease agreement
- The length of time the tenant has to vacate
Overview:
- Use this notice when you want to terminate the lease agreement at the end of the next rental period.
- It instructs the tenant to vacate the property within a specified number of days.
- Please try to send it one month before the end of the current lease term.
- Wyoming law doesn’t specify the amount of notice you must give. However, 30 days or the length of the rental period is customary.
Eviction Timeline
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | Monthly | Month-to-month | No requirement but the length of the rental period is customary (30 days) |
| Overdue Rent | Yes | Any | Any | 3 days |
| Lease Violation | At the landlord's discretion | Any | Any | 3 days |
Tenant Rights in Wyoming
Safe and Sanitary Housing
Property owners in Wyoming must maintain safe and sanitary conditions that are fit for human habitation in their rental units. This includes functional electrical, heating, and plumbing with hot and cold running water. Renters have the right to notify the landlord concerning problems and specify the repairs required to remedy them.
The landlord may make the necessary repairs or terminate the lease agreement. If the latter occurs, the renter has the option of taking the landlord to court to recover damages (Wyo. Stat. § 1-21-1202).
Return of Security Deposit Balance
A written lease agreement must state whether any portion of the deposit is nonrefundable, and the landlord must provide that information to the tenant when they collect the deposit (Wyo. Stat. § 1-21-1207).
When a lease ends, the landlord can apply the security deposit to these expenses:
- Payment of overdue rent
- Damage inflicted to the rental property (other than normal wear and tear)
- Cleaning costs
- Other costs stipulated in the rental agreement (Wyo. Stat. § 1-21-1208)
The landlord must return any remaining balance from the deposit within 30 days from the end of the lease agreement or within 15 days of the tenant’s notification of address to the landlord — whichever period is later.
Protections for Victims of Domestic Violence
Property owners are prohibited from terminating the lease of a domestic violence victim early. A lease can’t contain language waiving the rights of a domestic violence victim to stay in the property. Domestic violence can be a defense in court against an eviction lawsuit.
The law also allows victims the right of early termination of their lease to escape domestic violence (Wyo. Stat. § 1-21-1303).
Right to Mount a Defense and Seek Damages
Tenants have the right to present evidence in defense of breach of contract during the initial eviction hearing. If the court deems a landlord’s allegations false, it can order the landlord to pay the tenant damages and attorney fees.
Self-Help Evictions
Wyoming law doesn’t have specific statutes banning self-help evictions, but it’s not permissible to evict a tenant by changing the locks or shutting off their utilities. You must go through the formal eviction process.
Retaliatory Actions
Unlike most states, Wyoming doesn’t have specific statutes banning landlords from retaliation when a tenant exercises their legal right to complain to a government official, join a tenant’s union, or report a landlord for habitability problems.
Resources
- Wyoming Housing Network: Provides housing support and rental counseling
- Equal Justice Wyoming: Helps low-income individuals access various types of legal assistance when facing eviction.
- Cheyenne Housing Authority and Casper Housing Authority: Offer city-specific housing guidance.
- HUD: Offers resources for emergency rental assistance.