The Wyoming eviction notice form is an official message from a landlord to a tenant signaling a violation of terms or the upcoming end of the lease agreement. This document outlines the causes for eviction, such as failure to pay rent, breach of lease terms, or other lawful reasons.
In Wyoming, the eviction notice form must clearly state the issue and provide the tenant with a period to remedy or vacate the property. The notice duration varies based on the cause of removal; for example, non-payment typically requires a shorter notice period than other breaches of lease terms.
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Under Wyoming Statute, Section 1-21-1002, eviction proceedings, known as forcible entry and detainer actions, can be initiated under several circumstances, such as tenants overstaying their lease terms or failing to pay rent within three days of its due date. It’s also important to note that under Section 1-21-1203, landlords must maintain critical property systems such as electrical, plumbing, heating, and hot and cold water supplies in any case.
Rent Grace Period | Not Mentioned |
Notice of Non-Payment | 3 days |
Notice of Non-Compliance | 3 days |
State Laws | Wyoming Statutes, Sections 1-21-1001 to 1-21-1017 |
In Wyoming, several types of eviction notices are used, depending on the circumstances surrounding the eviction. Each type specifies different conditions and timelines that must be followed when notifying tenants about terminating their lease or rental agreement.
3-Day Notice to Quit for Non-Payment of Rent
This notice is served when a tenant fails to pay rent within three days of its due date. The notice informs the tenant that they must pay the outstanding rent or vacate the premises within three days. This is often the first step in the eviction process for non-payment.
3-Day Notice to Quit for Lease Violations
If a tenant violates other lease terms (excluding rent payment), the landlord may issue a 3-day notice to quit. This form requires the tenant to rectify the breach within three days or leave the property. Common violations include unauthorized pets, damage to the property, or illegal activity.
30-Day Notice to Quit for Month-to-Month Tenancy
This option informs tenants in a month-to-month tenancy that the landlord will not renew the lease at the end of the current 30-day period. This notice must be given at least 30 days before the desired termination date, providing tenants ample time to find alternative housing.
The eviction process follows a structured legal pathway outlined in Sections 1-21-1001 through 1-21-1017 of the Wyoming Statutes.
Serve the Appropriate Eviction Notice
Initially, landlords must serve the tenant with an eviction notice, which can vary based on the reason for eviction. For non-payment of rent or breach of lease conditions, a 3-day notice to quit is required, as per Wyoming Statute, Section 1-21-1003.
Filing of Eviction Complaint and Summons
If the tenant fails to resolve the issue or vacate the property, the landlord can file an eviction complaint in circuit court. This complaint must detail the reason for eviction and demonstrate that the notice was properly served. The court then processes this complaint and sets a hearing date.
Also, Section 1-21-1004 mandates that eviction summons detail the complaint’s reasons and the trial’s timing, served three to twelve days before the trial. It also states that defendants need not file a written response to fully participate in the trial.
Court Hearing and Judgment
As stipulated by Section 1-21-1006, both parties have the opportunity to present their cases during the scheduled hearing. The judge evaluates the evidence and, if the landlord’s claim is substantiated, will issue a judgment for eviction.
Issuance of a Writ of Restitution
Following a favorable judgment for the landlord, the court will issue a Writ of Restitution (Section 1-21-1012). This writ authorizes law enforcement to enforce the eviction and ensures that the landlord regains possession of the property.
Execution of the Writ and Tenant Removal
The final step involves the sheriff executing the writ of restitution, typically within two days of issuance, excluding Sundays. This action is directed by the legal authority granted under Section 1-21-1013, which allows the sheriff to physically remove the tenant and help the landlord reclaim the property.
In Wyoming, specific court forms must be used during the eviction process to ensure all legal requirements are met.
Complaint in Forcible Entry and Detainer
The landlord files this form to formally start the eviction process in court. It outlines the basis of the eviction claim and must be detailed, stating how the tenant violated the lease or failed to pay rent.
Summons in Forcible Entry and Detainer
If the tenant does not comply after serving the eviction notice, the landlord may file a complaint in court. Accompanying the complaint, a summons must be issued to the tenant. This document informs the tenant of the lawsuit against them, specifying the cause and the time and place for a court hearing.
Answer to Complaint
This form allows the tenant to formally present their side of the story and dispute any claims made in the landlord’s eviction complaint. It is the opportunity to outline any defenses they might have, such as proof of payment, claims of unlawful eviction practices, or maintenance issues that the landlord failed to address.
Writ of Restitution
If the court rules in favor of the landlord, this form is issued. The sheriff can physically remove the tenant from the property if they have not vacated voluntarily after the court’s judgment.
Other Eviction Notice Forms by State