Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 3 Days | Maybe |
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 rent is due on April 1st, it will be considered late starting on April 2nd, unless the lease specifically states there is a longer 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.
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.
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:
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.
In Wyoming, there are a few different types of evictions that are illegal.
A landlord is not allowed to forcibly remove a tenant by:
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.
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:
In Wyoming, all evictions follow the same process:
Wyoming landlords may deliver an eviction notice in writing, using any of these methods: [3]
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
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.
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.
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.
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]
The summons should include the cause of the complaint, the time and location of the hearing.
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.
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.
A law enforcement officer must remove the tenant from the rental unit within 2 days of receiving the writ of restitution. [8]
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.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3 Calendar Days |
| Court Issuing/Serving Summons | 3-21 Business Days |
| Tenant Response Period | 7 Business Days |
| Court Ruling | ~3-21 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 2 Business Days |
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.
| Fee | Circuit |
| Initial Court Filing | $70 |
| Summons Service | ~$50+ |
| Writ of Restitution Service | $50+ |
| Notice of Appeal Filing (Optional) | $85+ |
The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found
(a) Proceedings for forcible entry and detainer may be had in any of the following cases: (i) Against tenants holding over their terms or after a failure to pay rent for three (3) days after it is due;…(vi) Against renters in violation of any terms imposed under W.S. 1-21-1204 or 1-21-1205…
The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found.
(c) Except as otherwise ordered by the court, process may be served: (1) By any person who is at least 18 years old and not a party to the action; (2) …by the sheriff of the county where the service is made or sheriff’s designee, or by a United States marshal or marshal’s designee…
The summons shall state the cause of the complaint against the defendant, the time and place of trial and shall be served and returned as in other cases. Such service shall be not less than three (3) nor more than twelve (12) days before the day of trial set by the judge. The defendant shall not be required to file a written answer to the complaint as a condition of being allowed to participate fully in the trial.
(e)(1) by delivering a copy…to the individual personally, (2) by leaving copies thereof at the individual’s dwelling house…with some person over the age of 14 years then residing therein, (3) at the defendant’s usual place of business with an employee of the defendant… or (4) by delivering a copy…to an agent authorized…to receive service of process.
No continuance shall be granted the defendant for longer than two (2) days unless he gives a bond to the adverse party, with good and sufficient surety approved by the circuit court, conditioned for the payment of the rent that may accrue and costs if judgment is rendered against him.
Unless the defendant takes an appeal, the officer shall execute the writ of restitution within two (2) days after receiving it, Sundays excepted, by restoring the plaintiff to possession of the premises. He shall levy and collect the execution for rent and costs and make return as upon other executions.
Can a landlord evict you immediately in Wyoming? Can a landlord evict you immediately in Wyoming? No, a landlord cannot evict you immediately in Wyoming and must provide you with 3 days’ written notice, regardless of the reason for the eviction. In addition, a Wyoming landlord must have a court order to remove you from the rental property. Read more » Can you evict a tenant without a lease in Wyoming? Can you evict a tenant without a lease in Wyoming?Yes, you can evict a tenant without a lease in Wyoming. If the lease has expired, tenants must receive 3 days’ notice. Tenants who never had a lease and failed to pay rent, created health/safety issues, unreasonably refused landlord access, or damaged rental property must also receive 3 days’ notice. Read more » Can you kick someone out of your house in Wyoming? Can you kick someone out of your house in Wyoming?Yes, you can kick someone out of your house in Wyoming, but if the person made rent payments, you must give them 3 days’ written notice to move out. In that instance, you must also file an eviction action with the court in order to remove the individual. Read more » Can a landlord evict someone for no reason in Wyoming? Can a landlord evict someone for no reason in Wyoming?Yes, a landlord can evict someone for no reason in Wyoming if there is no lease. If the lease has expired, the landlord does not need an additional reason to evict the tenant, but must provide the tenant with 3 days’ written notice and follow the legal eviction process. Read more »
