The Wyoming eviction notice is a legal document that a landlord serves to a tenant, ordering them to vacate the rental property within a specific timeframe.
The purpose of an eviction notice is to initiate the eviction process and remove a tenant from the property due to a violation of their lease agreement or failure to pay rent. The landlord should create an eviction notice when they have exhausted all other options to resolve a dispute with the tenant, such as issuing warnings or negotiating payment plans.
By serving an eviction notice, the landlord can protect their property rights and ensure that tenants follow the terms of their lease agreements.
Types of Eviction Notice in Wyoming
Wyoming law provides various types of eviction notices that landlords can use to initiate the eviction process for different reasons.
Notice to Pay Rent or Quit
For non-payment of rent, the landlord needs to provide the tenant with a "pay rent or quit" notice, which informs them that they have a set period, typically three days, to pay the outstanding rent or vacate the property. (§ 1-21-1002, 1003)
In Wyoming, renters are expected to comply with certain requirements to maintain a clean and safe living environment. If a renter violates any of these requirements, the landlord may issue a written notice. This notice gives the renter a specific period, usually three days, to remedy the violation or vacate the property.
Eviction Laws and Requirements in Wyoming
Laws & Requirements
Notice to Pay Rent or Quit. 3 days
Non-Compliance. 3-day notice for violating a material term of the lease agreement.
When is Rent Late in Wyoming?
In Wyoming, the due date for rent payments is specified in the lease agreement. If the lease agreement does not specify one, rent is considered due at the beginning of each month.
Grounds for Eviction in Wyoming
A landlord in Wyoming may initiate eviction proceedings against a tenant for various reasons. The most common grounds for eviction are non-payment of rent, holding over, violation of lease terms, and property damage.
Eviction Process in Wyoming
The eviction process in Wyoming typically involves several steps that must be followed by landlords to legally remove a tenant from a rental property.
#1. Write a Notice
Firstly, the landlord must provide the tenant with a written notice to quit or cure the lease violation, depending on the circumstances of the eviction. The notice must be served on the tenant in person or posted on the rental property.
#2. Complaint and Summons
If the tenant fails to comply with the notice to quit, the landlord can file a complaint and summons with the court and begin the eviction process. The tenant will be served with the complaint and summons, and a court date will be set.
At the hearing, both the landlord and tenant will have the opportunity to present their cases to the judge. If the judge rules in favor of the landlord, an eviction order will be issued.
#4. Writ of Restitution
Once the eviction order is issued, the landlord must obtain a Writ of Restitution from the court. It gives the landlord the right to have the tenant removed from the rental property by a sheriff or constable.
The sheriff or constable will serve the Writ of Restitution to the tenant, giving them a specific date and time to vacate the property. If the tenant fails to leave by the specified time, the sheriff or constable will physically remove them from the property.
Other Eviction-Related Forms in Wyoming
In addition to the eviction notice, there are other documents utilized within the eviction process by the parties, such as:
Other Eviction-Related Forms
Complaint. It is a legal document that the landlord files with a court to start a lawsuit against the tenant for non-payment of rent or other lease violations. The complaint typically includes details about the lease agreement, the tenant's failure to comply with the lease terms, the amount of rent owed, and a request for a judgment of possession of the property.
Summons. A summons is a document that is issued by a court and served on the tenant along with the complaint. It informs the tenant that they are being sued by the landlord and sets a date and time for a court hearing.
Answer to complaint. The form should contain some basic information about the case, as well as the tenant's response to the allegations made in the complaint. The tenant must specifically admit or deny each allegation made in the complaint and may also raise any legal defenses or counterclaims that they may have.
Writ of Restitution. It typically orders the sheriff or constable to physically remove the tenant from the property if they have not already vacated voluntarily and restore possession of the property to the landlord.
Eviction Information for Landlords in Wyoming
The landlord must have a valid reason to evict the tenant, such as non-payment of rent or violating the terms of the lease agreement.
Before beginning the eviction process, the landlord must provide the tenant with a written notice to vacate and allow them a certain amount of time to remedy the situation. If the tenant does not comply, the landlord can then file a formal eviction complaint with the court.
Eviction Information for Tenants in Wyoming
Tenants are entitled to receive written notices from their landlords before an eviction can proceed. These must specify the reason for the eviction and provide a deadline for the tenant to either remedy the situation or vacate the property.
Tenants also have the right to challenge the eviction in court if they believe it is unjustified or unlawful. Additionally, tenants may be able to negotiate with their landlords to reach a mutually beneficial solution and avoid eviction altogether.
How to Write an Eviction Notice in Wyoming
Wyoming Eviction Notice Checklist
Wyoming Eviction Notice FAQ
You can file an eviction notice in Wyoming when the tenant violates the lease agreement, e.g., by failing to pay rent or causing damage to the property.
An eviction notice is required in Wyoming to inform the tenant that they are in violation of the lease agreement and provide them with an opportunity to remedy the situation before further legal action is taken.
The time it takes to evict someone depends on the specific circumstances of the case, including the reason for eviction and the tenant's response. It can take anywhere from a few weeks to several months.
Yes, a 3-day eviction notice is legal in Wyoming for non-payment of rent and non-compliance with the lease.