Wyoming Eviction Laws: Notice Requirements, Process, and Timelines
Wyoming handles evictions through Circuit Court using a “forcible entry and detainer” case under Wyo. Stat. §§ 1-21-1001 et seq. (including the state’s 3-day notice-to-quit requirement before filing). The first step is almost always a written 3-day (72-hour) Notice to Quit—commonly used for nonpayment and many material lease violations—served personally, left at the residence/business, or posted when allowed, and it must be served at least three days before the lawsuit begins. :contentReference[oaicite:0]{index=0} After the notice period expires, the landlord files in Circuit Court, the tenant is served with a summons for a court date, and if the landlord wins, the court issues a Writ of Restitution so the sheriff can restore possession—landlords can’t legally “self-help” remove a tenant. :contentReference[oaicite:1]{index=1} For ending a tenancy without cause (like many month-to-month or nonrenewal situations), the required notice is often controlled by the lease and local rules may add protections (for example, the Town of Jackson has a 30-day minimum notice of non-renewal). :contentReference[oaicite:2]{index=2} Key feature: because Wyoming’s core eviction notice window is short, paperwork and service details matter—a defective notice or improper service can delay the case even when rent is overdue. Typical timelines often land around 2–6 weeks from notice to lockout depending on the county’s court calendar and whether the tenant contests. :contentReference[oaicite:3]{index=3}
Wyoming Eviction Laws
Comprehensive guide to Wyoming's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Circuit Court - Forcible Entry and Detainer (WS § 1-21-1001 to 1-21-1016).
⚡ Quick Overview
💰 Nonpayment of Rent
3-day notice for nonpayment. No statutory grace period. Very landlord-friendly state with fast process. Notice must be in writing and left with tenant in person or at usual place of abode. After 3 days, landlord files FED complaint with circuit court ($70 filing fee). Summons sets return day (hearing date). If landlord wins: court issues Writ of Restitution giving tenant 0-30 days to vacate (court discretion - better chance of more time if tenant attends trial). If tenant doesn't attend = likely immediate writ. After writ: only sheriff can physically remove. Landlord can remove property and leave it outside after sheriff executes writ. No statutory cap on security deposits. Lease must state if any deposit portion is nonrefundable. Safe Homes Act: DV victims can break lease with 30 days notice + protection order.
📋 Lease Violation
3-day notice for ALL lease violations. Curable: tenant has 3 days to fix issue. Non-curable: damage to property, interference with others' enjoyment, denying landlord access, violating statutory duties (§§ 1-21-1204-1205), criminal activity. Holdover after lease: 3-day notice. Month-to-month: 30-day notice. Landlord must give 48-hour notice before entry (non-emergency). Tenant cannot withhold rent for repairs - must follow written notice procedure and 3-day certified mail demand (§ 1-21-1206). Warranty of habitability cannot be waived (§ 1-21-1202). Least populated state - courts move quickly.
📬 Service of Process
3-day written notice: leave with tenant in person or at usual place of abode. Court summons: served by sheriff or authorized person per Wyoming Rules of Civil Procedure.
🏛️ Court & Legal Information
Tenant paying within 3 days; contested hearing; appeal; writ timeline (0-30 days at court discretion)
⚖️ Appeals & Post-Judgment
Sheriff executes Writ of Restitution; only sheriff can physically remove tenant
📦 Tenant Property & Abandonment
After sheriff eviction, landlord can remove property and leave outside. For property left after voluntary move-out: landlord must mail notice giving tenant chance to retrieve within 30 days; after 30 days unclaimed items can be disposed/sold.
🏦 Security Deposits
30-day return (or 15 days after new address provided, whichever later). 60 days if deductions. No interest required. Lease must disclose if any portion nonrefundable. Deductions: unpaid rent, damages beyond normal wear/tear, cleaning, lease-specified costs. No separate account required.
💵 Late Fees
No state limit. No mandatory grace period. Must be in lease. NSF/bounced check fee: $30 max (§ 1-1-115(b)).
🛡️ Tenant Protections
No rent control. Very landlord-friendly. 30-day notice for month-to-month termination. No state preemption needed (no local rent control exists).
🏙️ Local Overrides & City-Specific Rules
Very limited local variations. Wyoming Residential Rental Property Act (WS §§ 1-21-1201 to 1-21-1211) applies statewide. Safe Homes Act protects DV victims. Jackson Hole area has high housing costs but no special tenant protections.
Underground Landlord📝 Wyoming Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Circuit Court - Forcible Entry and Detainer (WS § 1-21-1001 to 1-21-1016). Pay the filing fee (~$$70).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity | ⚠️ Limited/no specific anti-retaliation statute - tenant protections may be weaker than in other jurisdictions
ℹ️ retaliatory_eviction_window (no statute)
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Wyoming attorney for specific legal guidance.
Governing Law and Court System
Wyoming evictions are typically handled as a Forcible Entry and Detainer (FED) case (often called an “eviction”) and are primarily governed by:
- Wyo. Stat. §§ 1-21-1001 to 1-21-1016: Forcible Entry and Detainer (FED) procedure
- Wyo. Stat. § 1-21-1003: Notice to quit required (served at least 3 days before filing)
- Wyo. Stat. § 1-21-1004: Summons timing (service not less than 3 nor more than 12 days before trial)
- Wyo. Stat. §§ 1-21-1201 to 1-21-1211: Residential Rental Property Act (owner/renter duties, deposits, abandoned property, remedies)
- Wyo. Stat. § 1-21-1204: Renter duties (clean/safe unit, proper use of utilities/fixtures, etc.)
- Wyo. Stat. § 1-21-1205: Prohibited acts (damage, interference with peaceful enjoyment, unreasonable denial of access)
- Wyo. Stat. § 1-21-1211: Owner’s remedies (sheriff removal after court order)
Court: Wyoming Circuit Court in the county where the property is located (FED cases are filed and heard in Circuit Court).
Filing fees: Vary by county (check your local Circuit Court clerk; service/process fees also vary).
Self-Help Eviction Prohibited
In Wyoming, landlords should treat self-help evictions as illegal and high-risk. Landlords should not:
- Change locks without a court order
- Shut off utilities to force a move-out
- Remove or “dump” a tenant’s belongings
- Physically remove a tenant
Only a court-ordered process ending in a Writ of Restitution and executed by the sheriff is the safe, lawful route.
Legal Grounds for Eviction
Wyoming FED cases are commonly used when:
- Holdover: Tenant stays past the move-out date (end of term / after termination)
- Nonpayment: Rent is unpaid for 3 days after it is due (common trigger for a 3-day notice)
- Lease violations: Material breach of the lease or rental obligations
- Damage / waste: Tenant causes serious damage or unreasonable deterioration
- Nuisance / interference: Interfering with others’ peaceful enjoyment
- Access refusal: Unreasonably denying the landlord entry for lawful purposes
- Other statutory duties breached: Violations tied to renter duties/prohibited acts under the Residential Rental Property Act
Notice Requirements by Tenancy Type and Violation
Important Wyoming baseline: Wyoming’s FED statute requires a written Notice to Quit served at least 3 days before filing the court case (Wyo. Stat. § 1-21-1003). In practice, landlords most often use a 3-Day Notice for nonpayment and many lease violations.
Nonpayment of Rent: 3-Day Notice to Quit (Common Practice)
- 3 days to pay (if landlord allows) or vacate
- Best practice: clearly state the amount due, the due date, and where/how payment can be made
- Wyoming law requires notice before filing; whether a landlord allows a “pay-and-stay” cure is often guided by the lease and the notice wording
Authority: Wyo. Stat. § 1-21-1003 (3-day notice before filing); many Wyoming courts/resources describe this as a typical 3-day (72-hour) notice.
Lease Violations / Duties Breached: 3-Day Notice to Quit (Often Used)
- 3 days to correct (if landlord offers cure) or vacate
- Wyoming does not require a cure opportunity in every situation; some landlords allow cure for “minor” issues, while serious issues may be treated as unconditional
- Examples: unauthorized occupants/pets, repeated disturbances, refusal of lawful access, property damage
Common statutory hooks: Wyo. Stat. § 1-21-1003 (notice prerequisite); Wyo. Stat. §§ 1-21-1204 and 1-21-1205 (renter duties / prohibited acts).
Holdover (End of Lease Term)
- If the tenant remains after the lease ends, landlords typically serve a 3-day Notice to Quit and proceed with FED if the tenant does not leave
- Best practice: include the lease end date and reference the holdover status
Month-to-Month (Periodic Tenancy)
- Wyoming statutes do not clearly set a single universal “no-cause” notice period for ending a month-to-month in every context
- In practice, the lease terms (often 30 days) control, and some local rules may add requirements
- Best practice: follow your lease’s written notice clause and keep proof of delivery
Serving the Notice to Quit
Wyoming’s FED notice statute allows service by leaving a written copy with the defendant, or at their usual place of abode or business if they cannot be found (Wyo. Stat. § 1-21-1003). Best practice is to document:
- Date/time of service
- Where it was delivered/left
- Who served it
- A copy of the exact notice served
Improper notice/service is one of the most common reasons eviction cases get delayed or dismissed.
Right to Cure (Stopping the Eviction)
Wyoming’s FED statute focuses on the notice prerequisite and the court process. Whether the tenant can “cure” (pay-and-stay or fix-and-stay) often depends on:
- The lease language
- The type of violation (minor vs. serious)
- What the Notice to Quit offers (pay/cure option vs. unconditional vacate)
- The judge’s findings and the evidence at trial
Best practice: If you intend to allow cure, say so clearly in the notice (exact amount due, deadline, payment method). If you do not intend to allow cure, use an unconditional notice drafted to match the facts and your lease.
Filing the Eviction (FED) Action
After the Notice to Quit period expires:
- File an FED complaint in the local Circuit Court
- Pay the filing fee (varies by county)
- The court issues a Summons with a trial date
- The Summons and complaint are served on the tenant
Timeline note: Wyoming’s FED process moves fast. The Summons must be served not less than 3 days and not more than 12 days before the trial date (Wyo. Stat. § 1-21-1004).
Service of Summons and Complaint
Wyoming FED cases require prompt service. Key rule:
- Service window: Summons must be served 3–12 days before the trial date (Wyo. Stat. § 1-21-1004)
- No written answer required to participate: Tenants are not required to file a written answer as a condition of participating at trial (Wyo. Stat. § 1-21-1004)
Court Hearing (FED Trial)
At the hearing, both sides present evidence. Landlords should bring:
- Lease agreement and any addenda/rules
- Ledger showing rent due/paid and dates
- Copy of the Notice to Quit and proof of service
- Photos, texts/emails, incident reports, witness info (for violations/damage)
- Any demand letters or written warnings
Tenants may raise defenses such as defective notice, improper service, payment disputes, compliance/cure (if allowed), or factual disputes about the alleged violations.
Judgment and Writ of Restitution
If the landlord wins, the court can order restitution of the premises. Wyoming uses a Writ of Restitution to restore possession.
Sheriff execution speed is a Wyoming “fast lane” feature: Unless the tenant appeals, the officer must execute the writ within 2 days after receiving it (Sundays excepted) (Wyo. Stat. § 1-21-1013).
Sheriff Execution
General process (may vary by county procedure):
- Sheriff serves or posts writ and coordinates the physical restitution
- Landlord should be present (or have an agent) with keys/locksmith as required
- After restitution, change locks immediately
- Handle any personal property under Wyoming’s abandoned property rules (below)
Appeal (High-Level)
Wyoming FED law ties execution speed to whether an appeal is taken. Practically:
- If an appeal is properly filed, execution can be delayed
- Appeal/bond requirements are time-sensitive and procedural
Best practice: If the tenant indicates they will appeal, consult local counsel or the clerk’s procedural guidance immediately—timelines are short in Wyoming FED cases.
Abandoned Property
Wyoming has a specific abandoned property framework after termination and regaining possession (Wyo. Stat. § 1-21-1210). In general terms:
- Owner provides a written notice regarding the renter’s property
- If the renter does not respond in writing within 7 days, the property may be deemed abandoned
- If the renter responds in writing within 7 days stating intent to retrieve, the owner holds it for an additional period (commonly described as 15 more days), after which it can be deemed abandoned if not retrieved
Best practice: Follow the statute carefully, keep copies of notices, document storage and condition, and avoid disposing of items prematurely.
Tenant Defenses (Common)
- Improper notice: not served correctly, not enough time before filing, unclear demands
- Improper service of summons: outside the 3–12 day service window
- Payment dispute: amount due incorrect, payment not credited, waived fees, etc.
- Factual dispute: alleged lease violation/damage not proven
- Retaliation / discrimination: improper motive claims (fact-specific)
Typical Timeline (Wyoming)
- Notice period: 3 days before filing (Notice to Quit prerequisite)
- Filing to trial: often very fast (summons served 3–12 days before trial)
- Judgment to writ execution: writ execution generally within 2 days after officer receives it (unless appeal), Sundays excepted
- Total (uncontested cases): commonly ~2–4 weeks depending on service speed and the court calendar
- Contested / procedural issues: can extend to 4–6+ weeks
Best Practices for Wyoming Landlords
- Use a clean, written 3-day Notice to Quit and document service (date/time/method)
- Make your notice specific: amount due, deadline, and what compliance looks like
- Follow your lease’s notice clause for month-to-month/nonrenewal situations
- Bring a complete evidence packet to court (lease, ledger, notice + proof, photos, communications)
- Don’t accept “partial fixes” unless you intend to allow cure—be consistent and document everything
- Never attempt self-help removal (locks/utilities/belongings)
- After restitution, handle property using the abandoned property statute process
Quick Reference: Wyoming Eviction Rules
- Required pre-filing notice: Notice to Quit served at least 3 days before filing (Wyo. Stat. § 1-21-1003)
- Summons service window: 3–12 days before trial (Wyo. Stat. § 1-21-1004)
- Tenant answer: written answer not required to participate (Wyo. Stat. § 1-21-1004)
- Writ execution speed: officer executes within 2 days of receipt (Sundays excepted) unless appeal (Wyo. Stat. § 1-21-1013)
- Renter duties: Wyo. Stat. § 1-21-1204
- Prohibited acts: Wyo. Stat. § 1-21-1205
- Owner remedies / sheriff removal: Wyo. Stat. § 1-21-1211
- Abandoned property: Wyo. Stat. § 1-21-1210
Bottom line: Wyoming is one of the faster eviction states procedurally. Landlords generally must serve a written 3-day Notice to Quit before filing an FED case. After filing, the Summons must be served 3–12 days before the trial date, and if the landlord wins, the Writ of Restitution is executed quickly—typically within 2 days of the officer receiving it unless the tenant takes a proper appeal. Because timelines are short, notice wording and service proof are critical, and self-help shortcuts (locks/utilities/belongings) can create serious liability.
