Wyoming Eviction Process: 3-Day Notices and Legal Timelines

Wyoming's eviction process—formally known under state law as a "Forcible Entry and Detainer" action and governed by statutes effective since statehood on 10 July 1890—is relatively fast and highly favorable to landlords compared to other states. However, landlords must still follow the strict statutory procedures to legally regain possession of their property.

Pre-Eviction Notices

Before filing a lawsuit, a landlord must provide the tenant with a written notice. The type and duration of the notice depend on the reason for the eviction.

Non-Payment of Rent: 3-Day Notice to Quit

If a tenant fails to pay rent when due, the landlord must serve an unconditional 3-Day Notice to Quit (§ 1-21-1003).

• Important Distinction: Wyoming law requires this 3-day notice to quit prior to filing an action. Under the Forcible Entry and Detainer statutes, this notice is unconditional; the landlord is not legally obligated to accept late rent or provide a "cure" period once the notice is served, and may proceed with the eviction process if the tenant fails to vacate within 3 days.

Lease Violations and Residential Duties

For violations of residential duties under § 1-21-1203(b), the process involves two steps:

1. Notice of Non-Compliance: The landlord must serve written notice of the breach. The tenant must be given a "reasonable time" to comply with their duties.
2. Termination and Notice to Quit: If the tenant does not comply within a reasonable time, the landlord may terminate the rental agreement. Once terminated, the landlord must then serve the unconditional 3-Day Notice to Quit (§ 1-21-1003) before filing a court action.

Holdover or Month-to-Month Termination

Wyoming statutes are silent on a specific notice period for terminating a month-to-month tenancy without cause. Termination is governed by the specific terms of the lease agreement or common law, which generally requires notice of one full rental period. If the tenant remains in the unit after the notice period expires, the landlord must then serve a 3-Day Notice to Quit before filing an FED action.

The Court Process

If the tenant does not comply with the notice, the landlord must file a Forcible Entry and Detainer (FED) action in the local Circuit Court.

1. Filing the Complaint: The landlord files a complaint and pays the filing fee.
2. Summons: The court issues a summons. According to § 1-21-1004, the summons must be served on the tenant not less than three (3) nor more than twelve (12) days before the day of the trial.
3. The Hearing: Both parties appear before a judge. Eviction hearings in Wyoming are usually scheduled quickly.
4. The Judgment: If the judge rules in the landlord's favor, they will issue a Writ of Restitution.

Writ of Restitution and Removal

A Writ of Restitution is the legal document that gives the sheriff the authority to remove the tenant.

• Execution Mandate: Per Wyo. Stat. § 1-21-1013, the sheriff is strictly required to execute the writ and restore the landlord to possession within two (2) days after receiving the writ (excluding Sundays), unless the defendant files an appeal.
• If the tenant still refuses to leave, law enforcement will execute the writ and physically remove the tenant and their belongings.

Self-Help Evictions: Illegal

Even though Wyoming is landlord-friendly, self-help evictions are illegal. A landlord may not:

• Change the locks.
• Shut off utilities.
• Remove the tenant's belongings.
• Use force or intimidation.

A landlord must always use the formal Circuit Court process. Attempting a self-help eviction exposes the landlord to significant legal liability and financial damages.

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