The relationship between a landlord and a tenant in Wyoming is governed by Wyoming eviction laws , a combination of common law and state statutes. Landlords, take note: these laws are designed to protect both you and your tenants by outlining specific steps to take when eviction is necessary, with a strong emphasis on fairness and legality. Tenants can breathe easy knowing they have specific rights that are firmly in place. Whether you’re a landlord or a tenant in Wyoming, knowing your rights and responsibilities when it comes to eviction is the best way to protect yourself from unwanted surprises.
For landlords, a clear grasp of Wyoming eviction laws ensures they can reclaim possession of their property when justifiable. Landlords can sidestep expensive lawsuits by doing evictions the right way. Tenants, on the other hand, can use their knowledge of these laws to protect themselves from unlawful eviction attempts and understand their tenant rights in Wyoming.
Create an account with RentSafe and start screening tenants in minutes! RentSafe is the simplest tenant screening platform on the market, with virtually no learning curve and will empower your team to get vacancies filled faster, whether you have 10 units or 1000+ units.
Grounds for Eviction in Wyoming
Wyoming eviction laws provide several justified reasons, also known as “for cause” evictions, for a landlord to evict a tenant. It’s important for landlords to note that even with a valid reason, a court hearing is required to legally remove a tenant. Simply asking or threatening a tenant to leave is not enough. Let’s explore some of the most common grounds for evictions in Wyoming:
Non-Payment of Rent
If the rent is considered late, Wyoming eviction laws permit landlords to pursue eviction. Before a landlord can file an eviction suit though, they must provide the tenant a 3-Day Notice to Quit . The tenant then has three days to pay rent or vacate. You can learn more at § 1-21-1003 ).
Lease Violations
A lease violation that is not related to rent payments, like excessive noise, unauthorized occupants or pets, or property damage, also qualifies under Wyoming eviction laws as grounds for eviction. In these cases, a landlord needs to give written notice to the tenant, allowing for a reasonable time to remedy the violation.
The specific terms and timelines should be specified in the lease agreement. For issues like failure to pay rent, tenant holdover, damages to the rental unit, interfering with other tenants, denying landlord access, or any other statutory violations, a 3-Day Notice to Quit can be given ( Wyo. Stat. §§ 1-21-1202 and 1-21-1203 ).
Illegal Activity
Wyoming eviction laws allow for immediate eviction if a tenant is engaging in dangerous or illegal activities on the property. When criminal activity rears its head, it’s not just the perpetrators who suffer – entire communities can be dragged down, their sense of security shattered. Trouble often rears its head in the form of illicit activities or aggressive conduct.
Steps in the Eviction Process
Navigating the eviction process correctly is crucial, as even a minor misstep could lead to legal challenges. Landlords are advised to seek guidance from an attorney or legal professional to make sure they fully comply with all requirements under Wyoming law. Wyoming’s eviction process can seem like a puzzle, but break it down into these straightforward steps.
1. Notice to Vacate
Before a landlord in Wyoming can pursue legal action, they need to serve the tenant formal written notice. The most typical one is a 3-Day Notice to Quit, applicable to situations like nonpayment of rent, violation of lease terms or engaging in illegal activity ( § 1-21-1003 ).
But if there’s no lease violation or “for cause” reason, Wyoming law isn’t clear how much notice a landlord must give for month-to-month tenants to leave. It’s generally a best practice to give the tenants at least a 30-Day Notice to Quit in this scenario.
However, for renters with a fixed-term lease that is nearing its end, no written notice is necessary unless the lease says so. A landlord can simply expect the tenant to leave once the lease ends. Regardless of whether it’s a 3-day or 30-day notice to vacate, landlords should refer to Title 1, Chapter 21, Article 10 (Forcible Entry and Detainer) of the Wyoming Statutes to ensure they follow the correct procedure.
2. Filing the Eviction Lawsuit
When a tenant fails to comply with the notice, the next step is filing an eviction lawsuit, called a Forcible Entry and Detainer action. A landlord should file this lawsuit with the correct circuit court in the appropriate county.
The specific requirements may vary, but these are typical components:
| Requirement | Details |
|---|---|
| Summons and Complaint Filing | Filing the necessary legal documents ( Article 10: Forcible Entry and Detainer ) to initiate the court proceedings and formally notify the tenant. |
| Serving the Summons | Proper and timely delivery of court documents to the tenant. In Wyoming this must be done no less than three days but no more than twelve before the hearing date, which will be set by the court ( § 1-21-1004 ) . |
| Tenant Response | Giving the tenant the opportunity to respond to the complaint, which may involve filing a written answer or requesting a continuance from the court. |
3. Court Hearing
Both landlord and tenant are expected to attend the eviction hearing. In a battle of wits, both parties fan out their evidence, earnestly making their cases to the presiding judge. Make sure your evidence, including the lease agreement, payment history, written notices, service of process records and communication records, are clear, organized, and supportive of your case.
To get it right, keep a sharp eye on the details – a single misstep can snowball into bigger problems. Bring copies of everything for everyone in court, including yourself. Based on the evidence and arguments presented during the hearing, the court will issue a judgment in favor of either the landlord or the tenant.
4. Writ of Restitution
If the landlord wins in court, the court will issue a Writ of Restitution. Landlords, take note: this document is your ticket to legally removing problem tenants and restoring order to your property. It’s issued to the local Sheriff ( § 1-21-008 ). Then, the Sheriff will set a date to remove the tenant and post a notice on the property ( § 1-21-1013 ).
Tenants should be aware that even at this late stage of the game, it is still possible to appeal the court’s judgment. But filing an appeal does not put a halt to the eviction process. If the tenant decides to vacate, the landlord regains possession.
Important Considerations for Eviction
Here are some things for landlords to consider when evicting a tenant:
- Avoid Illegal Evictions: Engaging in any form of self-help eviction is strictly prohibited and could result in the landlord owing the tenant damages. If you’re not careful, self-help eviction attempts can spark a legal firestorm. For example, changing locks, shutting off utilities, or using intimidation tactics. Always prioritize lawful means and avoid illegal methods of eviction , which is also known as self-help eviction.
- Mitigation: Wyoming law requires landlords to make reasonable attempts to re-rent a property after a tenant is legally evicted to minimize losses, but landlords have no such requirement during the eviction process.
- Tenant’s Belongings: With a tenant’s departure comes a ripple effect of responsibilities, chief among them being the safekeeping of personal items left in the landlord’s care. In Wyoming, a landlord is required to make reasonable attempts to notify the tenant, preferably in writing and via certified mail, to give the tenant seven days to retrieve belongings ( Wyoming Statutes §§ 1-21-1201 through 1-21-1211 ).
After regaining possession of the rental property, you will want to be prepared for finding your next tenant. This usually involves advertising the property, screening applicants, and signing a new Wyoming lease agreement to formalize the tenancy.
FAQs about Wyoming Eviction Laws
What are a squatter’s rights in Wyoming?
In Wyoming, an individual who has been openly and continuously living on a property without the owner’s permission for 10 years or more could claim a legal right to the property through a process called adverse possession.
Does a landlord need to return a tenants possessions during eviction in Wyoming?
Yes, during evictions in Wyoming, the landlord is required to make reasonable attempts to notify the tenant and give the tenant 7 days to retrieve their belongings.
What is the first step in the Wyoming eviction process?
Before a landlord can file for eviction, they must serve the tenant a 3-Day Notice to Quit.
Final thoughts on the Wyoming eviction process
Familiarizing yourself with Wyoming’s eviction laws is a must for both landlords and tenants – it’s a vital shield against future headaches. Every eviction scenario carries the risk of descending into chaos, as emotional and financial stakes are raised, causing pain and distress for all parties caught in the crossfire. Whether you’re a tenant facing challenges with your housing situation or a property manager, seeking guidance from a legal expert in such matters is crucial. Fairness shines when legal information is within reach. We believe in justice, and that means doing things by the book – no exceptions, no favors.
In the interest of avoiding the need for evictions, landlords must exercise due diligence before they rent the property to a new tenant. Tenant screening is a crucial tool in the landlord’s arsenal, and is the first line of defense to prevent the need for future eviction scenarios in the first place. If you’d like an assessment on your tenant screening procedures, please reach out and we’ll be happy to show you what RentSafe can do for your property management business.
