How to Evict a Tenant in Wyoming: Laws, Process, and Timeline
Wyoming Eviction Timeline 2026: One 3-Day Notice to Leave, and No Statute Behind the “30-Day” No-Cause Rule
Wyoming’s eviction law, W.S. §§ 1-21-1001 to 1-21-1017, runs the eviction lawsuit as a forcible entry and detainer action in circuit court; the residential rental article that follows it, §§ 1-21-1201 to 1-21-1211, supplies the renter duties that most tenant-conduct evictions rest on.
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent (rent unpaid three days after it is due) | 3-day written notice to leave the premises | W.S. § 1-21-1002(a)(i); notice: § 1-21-1003 | No — the notice is a notice to leave, and article 10 contains no provision letting the renter stop the case by paying |
| Breach of a renter duty in § 1-21-1204 — including complying with all lawful requirements of the rental agreement, staying current on required payments, and not adding occupants beyond the agreement without written permission | 3-day written notice to leave the premises | W.S. § 1-21-1002(a)(vi); notice: § 1-21-1003 | No statutory cure period |
| A prohibited act under § 1-21-1205 — damaging the unit, interfering with another person’s peaceful enjoyment of the property, or unreasonably refusing the owner entry for repairs, inspection or showings | 3-day written notice to leave the premises | W.S. § 1-21-1002(a)(vi); notice: § 1-21-1003 | No statutory cure period |
| Holdover after the lease term ends | 3-day written notice to leave the premises | W.S. § 1-21-1002(a)(i); notice: § 1-21-1003 | N/A — holding over creates only a tenancy by sufferance, even if the landlord accepts rent (§ 34-2-128) |
Wyoming really does use one 3-day notice across every ground: § 1-21-1003 requires the party bringing a forcible entry and detainer action to notify the other side to leave the premises at least three days before commencing it, by leaving a written copy with the defendant or at the defendant’s usual place of abode or business. The no-cause notice for a month-to-month tenancy is a different story. Guides that put it at 30 days cite either § 34-2-128 or § 1-21-1203, and neither says anything of the kind: § 34-2-128 provides that no landlord-tenant relationship arises by implication except a tenancy by sufferance, and that a holdover is not an implied renewal; § 1-21-1203 is the owner’s duty to keep the unit safe and habitable. Neither the forcible entry and detainer article nor the residential rental article sets a separate notice period for ending a month-to-month tenancy without cause.
The Court Process
- File. Once the 3-day notice has run, the landlord files a complaint for forcible entry and detainer in circuit court (§§ 1-21-1001, 1-21-1003). A business entity that owns a majority interest in the property can be represented by an owner, shareholder, member or partner instead of a lawyer, within the dollar limit of § 1-21-201 (§ 1-21-1017).
- Serve. The summons states the complaint and the time and place of trial, and must be served not less than 3 nor more than 12 days before the trial date the judge sets (§ 1-21-1004). The tenant doesn’t have to file a written answer to take full part in the trial (§§ 1-21-1004, 1-21-1006).
- Trial. The court tries the case on the return day of the summons — but only if the action isn’t continued, the place of trial isn’t changed, and neither party demands a jury (§ 1-21-1008(a)); either side may demand a jury, and the case then proceeds as in other cases until the jury is empaneled (§ 1-21-1009). A tenant who asks for more than a two-day continuance must post a bond covering accruing rent and costs (§§ 1-21-1007, 1-21-1008(a)). If the tenant doesn’t appear, the court still tries the case, and the landlord’s complaint must be sustained by proof or the case is dismissed (§ 1-21-1005).
- Judgment. A landlord who prevails gets judgment for restitution of the premises and costs; in a rent case, the court also finds the rent due and enters judgment for it, with attorney’s fees if the lease provides for them (§ 1-21-1008).
- Writ and removal. At the landlord’s request the court issues a writ of restitution, and unless the tenant appeals, the officer must execute it within two days after receiving it, Sundays excepted (§§ 1-21-1012, 1-21-1013). An appeal stops that only if the tenant files a bond within 48 hours after judgment, Sundays excepted, and in a rent case also deposits the rent found due (§§ 1-21-1014(b), 1-21-1015(a)).
What This Costs
Confirm the current filing and service fees with the clerk of the circuit court that will hear the case before filing.
After the Judgment: Sheriff and Belongings
If the renter doesn’t leave as the court order requires, the sheriff may remove the renter’s possessions and keep the renter from reentering without any further court action (§ 1-21-1211(a)). Once the owner has lawfully regained possession after the rental agreement ends, trash and property reasonably believed to be hazardous, perishable or valueless and abandoned can be disposed of immediately — and anything left in the unit is presumed by statute to be both valueless and abandoned. Property that is valuable calls for a written notice giving the renter seven days to reclaim it or say in writing that they intend to; silence makes it conclusively abandoned, while a timely written response holds it for another seven days. The owner is entitled to storage and removal costs before the renter takes it back (§ 1-21-1210). Wyoming’s residential rental article, §§ 1-21-1201 to 1-21-1211, contains no anti-retaliation section.
Frequently Asked Questions
Is the 30-day no-cause notice for a Wyoming month-to-month tenancy set by W.S. § 34-2-128? No — § 34-2-128 says that no landlord-tenant relationship arises by implication except a tenancy by sufferance, and that holding over, even with the landlord accepting rent, doesn’t renew the lease. § 1-21-1203, the other section often cited, covers the owner’s duty to keep the unit habitable. Neither article sets a no-cause notice period for month-to-month tenancies.
Does Wyoming really use the same 3-day notice for nonpayment, lease violations, and holdover? Yes — § 1-21-1003 applies the same 3-day notice to leave to every forcible entry and detainer action, whatever the ground.
Is Wyoming’s eviction process actually one of the fastest in the country? The statutory clock is short at every step: a 3-day notice, a summons served 3 to 12 days before trial, trial on the return day unless the case is continued, moved, or a jury is demanded, and a writ the officer must execute within two days of receiving it unless the tenant posts an appeal bond within 48 hours of judgment.