Evictions are an unfortunate but sometimes necessary part of renting a property. Understanding Wyoming eviction laws can help make the process easier and stress-free. Whether you are dealing with unpaid rent, lease violations, or are selling the property, knowing the eviction process will ensure you remain compliant and avoid any costly surprises.
In this latest guide, we walk you through the Wyoming eviction process and the laws that you need to know.
Understanding Wyoming Eviction Laws
While any eviction can be stressful, Wyoming has clear eviction laws that thoroughly outline the process of removing a tenant from a rental unit. Since these are designed to protect both parties involved (landlord and tenant), there are certain rules that must be applied. For instance, under Wyoming statute, landlords must provide written notice before an eviction case can be initiated.
Even before the eviction process, it is important for landlords to have a clear rental lease agreement that outlines the expectations of the tenant. This way, any breaches of the agreement made by the tenant can be a clear and obvious cause for eviction. As a landlord, it's also important to be aware that Wyoming eviction laws prohibit discrimination under the Fair Housing Act, and all tenants have a right to respond and contest an eviction lawsuit.
What Is the Eviction Process?
In order to understand Wyoming eviction laws, it is essential that you are aware of the eviction process and how it works. Let's go over the details.
Step 1: Serve an eviction notice
The first step in the eviction process is to issue a written notice. A Wyoming eviction notice can be issued for a range of issues, with some of the most common including:
- Unpaid rent: In this instance, tenants are given three days to either pay or vacate.
- Lease violation: This is where landlords can issue a three-day eviction notice to leave the property.
- 30-day notice: When ending a rental agreement without cause, such as selling the property, you can provide a 30-day notice to vacate.
Step 2: File an eviction lawsuit
If the tenant does not comply with the written eviction notice, the next step in the process is to file an eviction notice. This will need to be done in a court within the same region as the property, and landlords will be required to pay a filing fee.
Step 3: Eviction hearing
Once the lawsuit has been filed, the court will set a date for a hearing in which both parties will be able to attend and present their case. A judge will then review all of the information and rule in favor of one party.
If the court rules in favor of the landlord, then the eviction process continues with a Writ of Restitution that orders the tenant to vacate.
Step 4: Enforce the eviction
The court usually gives tenants a few days’ grace to gather their belongings and evict the property. However, if they still fail to leave, law enforcement will forcibly ask them to leave.
Related: Montana Evictions | Laws and Protections
What are your rights and obligations with a rental property in Wyoming?
Both tenants and landlords have specific rights and responsibilities under Wyoming landlord-tenant laws. Having a thorough understanding of these obligations can help to prevent disputes and ensure that landlords remain in compliance with the state law.
Tenant Rights in Wyoming
All tenants are entitled to certain legal protections under Wyoming’s eviction laws, this includes:
- The right to a habitable rental unit
Landlords must provide safe and liveable housing for tenants, including working plumbing, heating, and electricity. If the rental property does not live up to these standards, then tenants may have legal grounds to break the lease or request repairs.
- The right to proper notice before eviction
Before being removed from a property, tenants must have received a written notice with the relevant notice period.
- Protection from illegal evictions
Landlords are not allowed to forcibly remove a tenant without going through the relevant legal process. Lockouts or shutting off utilities to force tenants from the property are illegal.
- Protection from housing discrimination
Under the Fair Housing Act, landlords cannot discriminate based on race, gender, disability, or other protected statuses.
- The right to challenge an eviction
Tenants also have the right to respond and challenge an eviction, presenting their case in court.
Landlord Responsibilities in Wyoming
All Wyoming landlords have certain obligations that they need to ensure are met and maintained. This includes:
- Providing a lease agreement
Landlords need to provide a lease agreement that clearly outlines the rent, responsibilities, and eviction procedures.
- Following eviction procedures
A Wyoming eviction notice must be issued before filing an eviction case in court, and the process must follow state law to avoid wrongful eviction claims.
- Handling deposits correctly
Security deposits must be returned within 30 days of lease termination unless there are any deductions necessary to cover damages that the tenant has accrued.
- Complying with Wyoming state for domestic violence victims
Under the Wyoming Safe Homes Act, victims of domestic violence may break a lease without penalties.
How Do Wyoming Eviction Laws Affect Me as a Rental Property Owner?
If you manage a rental property in Wyoming, it is natural that you want to protect your investment. Mistakes in the eviction process can lead to costly delays, legal trouble, and wrongful eviction claims. To avoid this, make sure to do the following:
- Issue a proper eviction notice.
- Ensure you have a clear lease agreement that outlines the rent payment terms and expectations of the tenant.
- Understand violating Wyoming landlord-tenant law could result in fines and a lawsuit.
- Handle eviction proceedings properly to avoid a delay in the eviction process.
What happens once the eviction action is filed with the court
Once a landlord has filed an eviction lawsuit, the process moves to the court system, and the process will look like:
Court issues a summons
After the landlord has filed the eviction case, the court will issue a summons to notify the tenant of the legal action. This summons will include the date and time of the eviction hearing, the details of the eviction lawsuit, and what the tenant can do to respond.
Tenant’s right to respond
All tenants have the right to contest an eviction by filing a response, with possible defenses including:
- The eviction notice not being served correctly
- Landlord failing to maintain the rental unit
- The lease agreement being violated by the landlord
- Tenant has already paid any overdue rent
Eviction hearing
At the eviction hearing, both parties will have a chance to present their case to the judge. The judge will consider whether the eviction notice was properly issued, whether there were any lease violations, and whether there were legal grounds to remain in the property.
Issuance of a Writ of Restitution
If the court rules in favor of the landlord, a Writ of Restitution is issued. This legal document orders the tenant to vacate the rental unit within a specified timeframe, usually within 48 hours.
Enforcement
If the tenant still refuses to leave, law enforcement will help the landlord to regain access to the property and ensure the tenant is removed.
Related: Idaho Evictions | Laws and Protections
How Long Does an Eviction Take in Wyoming?
The overall eviction process will depend on various factors, such as the cause of eviction, whether Wyoming law has been adhered to, and whether the tenant contests the eviction. Typically, the process can take between three and six weeks, but it can take longer in some cases.
A general guide of the timeline will look like this:
- Eviction notice
The duration of the eviction notice will depend on the reason. For non-payment, then landlords can issue a three-day eviction notice that gives the tenant time to either pay the outstanding balance or vacate the property. If the tenant has violated any of the rules outlined in the lease agreement, such as having a pet, then landlords will be able to issue a three-day notice to resolve the issue or leave the property. In the event of repeated violations, then landlords can issue a three-day notice to quit. In the event that the landlord is selling the property or is planning on moving into the property themselves, then landlords will need to issue a 30-day notice to vacate the property. - Filing the eviction lawsuit
Once the eviction notice has been issued, if the tenant does not comply with the eviction notice, then the landlord can file an eviction case with their local court. This process can typically take between three to ten days, depending on how quickly the court processes the case. - Eviction hearing and court decision
The court will then schedule an eviction hearing, which will usually be within two weeks of the eviction lawsuit being filed. If the tenant does not contest the case, then the judge may immediately rule in favor of the landlord. However, if the tenant does fight the eviction, then the process may take longer. - Issuance of a Writ of Restitution
If the landlord wins the eviction lawsuit, then the court will issue a writ of restitution that orders the tenants to vacate the property. This will usually give them a 48-hour grace period to gather their belongings and willingly vacate. - Enforced eviction
After the 48 hours, the landlord will then be able to request law enforcement to forcibly remove the tenant from the property, allowing the landlord to secure the property.
How Much Does a Wyoming Eviction Cost?
Just like the timeframe, the total cost of a Wyoming eviction will depend on a variety of factors, including court fees, whether law enforcement is needed, and how long the process takes. When calculating the costs, you will need to consider:
- Court filing fees
The first cost that landlords will face will be for filing the eviction lawsuit with the court. This will depend on the county and location the lawsuit is being filed in.
- Serving the eviction notice
Landlords must serve tenants with an eviction notice, and this can either be delivered personally or by hiring a process server or law enforcement.
- Court and legal fees
Court cases can be very complex and if the tenant contests the lawsuit, then the landlord may require legal representation to help them through the process. This can be costly and should the tenant file an appeal after the ruling this will increase costs further.
- Law enforcement and lockout costs
If the tenant has refused to leave the property after the Writ has been issued, then the landlord will need to hire law enforcement to help them remove the individuals from the property. Once secured, the locks will need to be changed which will require additional costs.
- Lost income and property damage
Of course, the costs you face will not only be due to filing the eviction. One of the biggest expenses will be lost rent, with landlords potentially losing months of rent, which can be extremely costly.
If the tenant has caused damage, there will also be additional repair costs and cleaning fees to ensure the property is habitable for the next tenant.
Related: Nebraska Evictions | Laws and Protections
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Frequently Asked Questions
Can a landlord evict a tenant without going to court in Wyoming?
No, a landlord cannot forcibly remove a tenant without following the legal eviction process. Under Wyoming landlord-tenant law, a landlord must serve the proper eviction notice, file an eviction lawsuit in court if necessary, and obtain a court order before removing a tenant from the rental property. Self-help evictions, such as changing the locks or shutting off utilities, are illegal and can lead to legal consequences for the landlord.
What happens if a tenant refuses to leave after an eviction order?
If a tenant does not leave after the court grants an eviction order, the landlord must request a Writ of Restitution from the court, which allows law enforcement to physically remove the tenant from the rental unit.
Can a tenant be evicted for having unauthorized guests or pets?
Yes, if a Wyoming lease agreement has specific rules about unauthorized guests or pets, a landlord can evict a tenant for violating those terms. The landlord must first issue a 3-day notice to cure or quit, giving the tenant a chance to fix the violation.
Are there any eviction protections for tenants in Wyoming?
While Wyoming does not have rent control or extensive tenant protections, some laws protect tenants from unlawful evictions. Under the Wyoming Safe Homes Act, victims of domestic violence may be allowed to terminate a lease early without penalty. Additionally, landlords must follow proper eviction procedures and cannot discriminate against tenants based on race, gender, disability, or other protected statuses under the Fair Housing Act.
Can a tenant stop an eviction by paying overdue rent?
In some cases, a tenant can avoid eviction by paying unpaid rent before the eviction hearing. If the landlord has issued a 3-day notice to pay or quit, the tenant can pay the full amount within the notice period to remain in the rental property. However, if the landlord has already filed an eviction lawsuit, the tenant may still be required to leave unless the landlord agrees to accept payment and dismiss the case.
