Wyoming Eviction Process: 3-Day Notices and Legal Timelines
Understand the Wyoming eviction process, legally known as a Forcible Entry and Detainer action, including the 3-day notice to quit for non-payment.
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Wyoming's eviction process—formally known under state law as a "Forcible Entry and Detainer" action—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 a 3-Day Notice to Quit.
- Important Distinction: Wyoming law requires a 3-day notice to quit for non-payment of rent prior to filing an action. While the statute does not explicitly prohibit a cure if the landlord accepts the overdue payment, the landlord is not legally obligated to accept late rent and may proceed with the eviction process if the tenant fails to vacate within 3 days.
Lease Violations: 3-Day Notice
For other lease violations (e.g., unauthorized pets, excessive noise, or damaging the property), the landlord typically must also serve a 3-Day Notice to Quit or Cure. The lease agreement defines what constitutes a violation.
Holdover or Month-to-Month Termination: 30-Day Notice
If a landlord wishes to terminate a month-to-month tenancy without cause, or if a tenant remains in the unit after a fixed-term lease expires (a "holdover" tenant), the landlord must typically provide a 30-day written notice. If the tenant does not leave after 30 days, the landlord can proceed with a 3-Day Notice to Quit.
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.
- Filing the Complaint: The landlord files a complaint and pays the filing fee.
- Summons: The court issues a summons, which must be served to the tenant by a sheriff or authorized process server.
- The Hearing: Both parties appear before a judge. Eviction hearings in Wyoming are usually scheduled quickly.
- 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.
- Tenants typically have a very brief period (sometimes only two days) to vacate after the judgment is entered.
- 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.
Wyoming Eviction Legal Timeline in wyoming
Serve 3-Day Notice
Deliver a written 3-day notice to quit for nonpayment or lease violations.
File in Circuit Court
If the tenant remains after 3 days, file a Forcible Entry and Detainer action.
Court Hearing
A summons is served at least 3 days before the return day for the hearing.
Judgment & Writ
If the landlord wins, the court issues a Writ of Restitution.
Sheriff Execution
The Sheriff serves the writ and removes the tenant if they still have not vacated.
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