In order to proceed with evicting a tenant in Wyoming, landlords must notify a tenant of their intent to evict, either due to non-payment of rent, non-compliance, or the termination of a month-to-month agreement. In all circumstances, the eviction may only proceed further after the landlord files a Forcible Detainer Action in the Circuit Court.
How to Evict
- Step 1 – Send Eviction Notice to Tenant
- Step 2 – Wait to Hear from the Tenant
- Step 3 – File in Court
- Step 4 – Serve the Tenant
- Step 5 – Attend a Hearing
- Step 6 – Obtain a Writ of Restitution
- Step 7 – Repossess the Property
- Non-Compliance and Non-Payment (3-Day Notice to Quit) – A landlord is required by law to leave written notice of their intent to evict at least 3 days before bringing the action to court. The notice must be delivered to the defendant personally at their place of residence or their place of business.1
- Month-to-Month (30-Day Notice to Quit) – Tenants and landlords wishing to end their month-to-month rental agreement should provide 30 days’ notice to the other party. Although not specifically required by state law, 30 days’ notice may be a term outlined within individual lease agreements themselves.
Landlords must wait through the notice deadline before filing their forcible detainer action.
- Average Processing Time: No fewer than 12 days2
- Filing Fees: $10 + $50 to have summons served3
- Where to File: Circuit Court
Once the summons and complaint have been filed with the court, they must be served to the tenant by a sheriff or anyone over the age of 18 who isn’t involved in the case.4 If the summons can’t be delivered personally, a copy may be left with a person on the property who is above the age of 16, or by sending a copy of the summons and complaint by certified mail. The summons and complaint will be served no fewer than 3 and no more than 12 days before the hearing is to be held.5
If the tenant does not appear for their hearing, the court will proceed as if they are there to defend their case against eviction and the landlord still responsible for proving their case for action or it may be dismissed.6
If the tenant does appear at the hearing, they will not have been required to file a written answer with the court prior. Each party will be allowed to amend their Complaints or Answer.7
If the court rules in favor of the landlord, they may request a writ of restitution be issued upon judgment.8 State law does not specify a time period in which the landlord must request the writ — it can either be done following the hearing or at another time.
Once the writ has been issued by the court, an officer will execute the order and return possession of the property to the landlord no more than 2 days after receiving the writ.9
Video: Evictions in Wyoming
- § 1-21-1003
- § 1-21-1004
- § 1-21-1004
- § 1-21-005
- § 1-21-006
- § 1-21-008
- § 1-21-1013