Wyoming Eviction Notice
A Wyoming eviction notice is a legal document that landlords use to inform tenants of their intent to terminate a rental agreement due to violations of lease terms, such as non-payment of rent or other lease infractions. This notice provides tenants with a specified period to rectify the situation or vacate the premises.
Wyoming Eviction Notice
Types of Wyoming Eviction Notices
There are several types of eviction notices in Wyoming, each serving different purposes and requiring different notice periods:
3-Day Notice to Quit
- Purpose: This notice is used when a tenant fails to pay rent or violates lease terms.
- Requirements: The tenant must either pay the overdue rent or correct the lease violation within three (3) days, or vacate the property.
- Legal Reference: Wyo. Stat. § 1-21-1002 and § 1-21-1003.
30-Day Notice to Quit
- Purpose: This notice is applicable for terminating month-to-month tenancies or when a lease has expired without renewal.
- Requirements: The tenant must vacate the property within thirty (30) days.
- Legal Reference: There are no specific statutes for this notice; it follows common law defaults.
Grounds for Eviction
Landlords in Wyoming can evict tenants for various reasons, including:
- Non-payment of Rent: Requires a 3-day notice.
- Lease Violations: Requires a 3-day notice.
- Lease Termination (Month-to-Month): Requires a 30-day notice.
Eviction Process in Wyoming
The eviction process in Wyoming follows a structured legal procedure:
Step 1: Serve the Notice
The landlord must provide the tenant with the appropriate eviction notice, detailing the reason for eviction and the time allowed for compliance.
Step 2: Allow Tenant to Respond
Tenants have the specified notice period (either 3 days or 30 days) to rectify the situation or vacate the property.
Step 3: File for Eviction in Court
If the tenant does not comply with the notice, the landlord can file a complaint and a summons for a writ of restitution in the local circuit court.
Step 4: Attend the Court Hearing
The court will schedule a hearing where both parties can present their case. If the tenant fails to appear, the court may rule in favor of the landlord.
Step 5: Obtain a Writ of Restitution
If the court rules in favor of the landlord, a Writ of Restitution will be issued, allowing law enforcement to remove the tenant from the property.
Legal Citations
The eviction process in Wyoming is governed by specific statutes, including:
- Wyo. Stat. § 1-21-1001 through 1-21-1016: Governs eviction proceedings.
- Wyo. Stat. § 1-21-1002: Details grounds for eviction due to non-payment or lease violations.
- Wyo. Stat. § 1-21-1003: Outlines requirements for serving eviction notices.
Proper documentation and adherence to legal procedures are crucial for landlords to avoid delays or invalidation of the eviction process.
Statutes
- Wyo. Stat. § 1-21-1001 – Jurisdiction of circuit courts
- Wyo. Stat. § 1-21-1002 – When proceedings allowed
- Wyo. Stat. § 1-21-1002 – When proceedings allowed
- Wyo. Stat. § 1-21-1003 – Notice to quit premises required
- Wyo. Stat. § 1-21-1004 – Summons; service and return
- Wyo. Stat. § 1-21-1005 – Proceedings when defendant fails to appear
- Wyo. Stat. § 1-21-1006 – Proceedings when defendant appears
- Wyo. Stat. § 1-21-1007 – Bond on granting continuance
- Wyo. Stat. § 1-21-1008 – Trial by judge or jury; judgment and costs
- Wyo. Stat. § 1-21-1009 – Trial by jury; verdict
- Wyo. Stat. § 1-21-1010 – Judgment upon verdict
- Wyo. Stat. § 1-21-1011 – Exceptions
- Wyo. Stat. § 1-21-1012 – Writ of restitution; issuance
- Wyo. Stat. § 1-21-1013 – Writ of restitution; execution and return
- Wyo. Stat. § 1-21-1014 – Proceedings upon stay on appeal; bond required
- Wyo. Stat. § 1-21-1015 – Rents to be deposited on appeal
- Wyo. Stat. § 1-21-1016 – Ejectment no barred
- Wyo. Stat. § 1-21-1017 – Corporate and business representation in proceedings
- Wyo. Stat. § 1-21-1201 – Definitions
- Wyo. Stat. § 1-21-1202 – Duties of owners and renters; generally
- Wyo. Stat. § 1-21-1202 – Duties of owners and renters; generally
- Wyo. Stat. § 1-21-1203 – Owner’s duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited
- Wyo. Stat. § 1-21-1204 – Renter’s duties
- Wyo. Stat. § 1-21-1204 – Renter’s duties
- Wyo. Stat. § 1-21-1205 – Prohibited acts by renter
- Wyo. Stat. § 1-21-1205 – Prohibited acts by renter
- Wyo. Stat. § 1-21-1206 – Renter’s remedies; notice to owner or agent; judicial remedy; rights under termination of rental agreement
- Wyo. Stat. § 1-21-1206 – Renter’s remedies; notice to owner or agent; judicial remedy; rights under termination of rental agreement
- Wyo. Stat. § 1-21-1207 – Required notice of nonrefundable deposit
- Wyo. Stat. § 1-21-1208(a) – Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty
- Wyo. Stat. § 1-21-1208(b) – Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty
- Wyo. Stat. § 1-21-1208(c) – Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty
- Wyo. Stat. § 1-21-1208 – Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty
- Wyo. Stat. § 1-21-1209 – Holder of owner’s interest bound by provisions
- Wyo. Stat. § 1-21-1210 – Possession of premises and disposition of personal property abandoned by renter after termination of rental agreement
- Wyo. Stat. § 1-21-1211(b) – Owner’s remedies; eviction; judicial remedies; damages
- Wyo. Stat. § 1-21-1211 – Owner’s remedies; eviction; judicial remedies; damages
- Wyo. Stat. § 1-21-1301 – Short title
- Wyo. Stat. § 1-21-1302 – Definitions
- Wyo. Stat. § 1-21-1303 – Breach of lease; recovery of rent; affirmative defense
- Wyo. Stat. § 1-21-1303 – Breach of lease; recovery of rent; affirmative defense
- Wyo. Stat. § 1-21-1304 – Prohibition of waiver or modification
- Wyo. Stat. § 1-1-115(b) – Civil liability for unpaid checks
- Wyo. Stat. §§ 1-21-1203 – Owner’s duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited
- Wyo. Stat. § 1-21-1203(a)(i-iv) – Owner’s duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited
FAQs
A Wyoming eviction notice is a legal document used by landlords to inform tenants of a violation of lease terms, such as non-payment of rent or lease violations. It is used to initiate the eviction process, allowing tenants a specified period to comply or vacate the property.
In Wyoming, there are several types of eviction notices: a 3-Day Notice to Quit for non-payment of rent or lease violations, a 3-Day Notice to Comply or Vacate for lease violations, and a 30-Day Notice to Vacate for terminating month-to-month tenancies or expired leases.
Tenants in Wyoming typically have three days to respond to a 3-Day Notice to Quit or a 3-Day Notice to Comply or Vacate. For a 30-Day Notice to Vacate, tenants must vacate the property within 30 days of receiving the notice.
If a tenant does not comply with a Wyoming eviction notice, the landlord can file an eviction lawsuit, known as a Forcible Entry and Detainer lawsuit, in the local circuit court to seek legal removal of the tenant from the property.
A Wyoming eviction notice can be served through hand delivery to the tenant or, if the tenant cannot be found, by leaving a copy at their residence or usual place of business. It’s important to document the delivery method for legal compliance.
A Wyoming eviction notice should include the tenant’s full name and address, the reason for eviction, the date of termination, the landlord’s printed name and signature, and the date and method of delivery of the notice.
No, a landlord cannot evict a tenant without first providing a formal eviction notice. The eviction process must follow legal procedures, including giving the tenant proper notice based on the reason for eviction.
Legal grounds for eviction in Wyoming include non-payment of rent, lease violations, property damage, illegal activities on the premises, and the expiration of a lease agreement. Each ground requires a specific type of eviction notice.