How to evict a tenant in Wyoming: the 3-day notice and the circuit court case
Wyoming calls it forcible entry and detainer, and the steps are short. A tenant who holds over, or fails to pay rent for three days after it is due, can be taken to circuit court after a written notice to quit served at least three days before you file. The summons is served 3 to 12 days before trial, the tenant need not file a written answer, and the officer must carry out the writ of restitution within two days, Sundays excepted.
When can a Wyoming landlord start an eviction?
Wyoming Statute 1-21-1001 gives circuit courts the power to inquire into unlawful and forcible entry and into holding land unlawfully, and to order restitution to the party who complains. Section 1-21-1002(a)(i) names the tenant cases: tenants holding over their terms or after a failure to pay rent for three days after it is due. Paragraph (vi) adds renters who violate the terms in 1-21-1204 or 1-21-1205, the renter's duties and the prohibited acts, such as destroying the unit or refusing reasonable entry for repairs.
What is the notice to quit?
Section 1-21-1003 says the party who wants to start the action must notify the other side to leave. The notice is served at least three days before the action begins, by leaving a written copy with the defendant or, if the defendant cannot be found, at the usual place of abode or business. The statute does not prescribe a form, but a clear written notice that names the address and the reason, and that you can prove you served, is what a judge will want to see.
What happens at trial?
The summons states the cause of the complaint, the time and place of trial, and is served not less than three nor more than twelve days before the trial date (1-21-1004). The defendant does not have to file a written answer to take part (1-21-1004 and 1-21-1006), though either side may. If the defendant does not appear, the court tries the case anyway, and your complaint must still be proved or the case is dismissed (1-21-1005).
A continuance of more than two days requires the defendant to post a bond for the rent that may accrue and costs (1-21-1007). If the court finds the complaint true, it enters judgment for restitution and costs; in a nonpayment case it also finds the rent due and enters judgment for that amount, plus costs and any attorney's fees the lease provides, with a separate execution for the rent (1-21-1008). Either side may ask for a jury (1-21-1009).
How long until the officer removes the tenant, and can an appeal stop it?
On request, the court issues the writ of restitution (1-21-1012). Unless the defendant appeals, the officer executes it within two days after receiving it, Sundays excepted, by restoring you to possession (1-21-1013). If the renter does not leave as a court order requires, the sheriff may remove the renter's possessions and keep the renter out without further court action (1-21-1211).
An appeal does not stop the writ by itself. Under 1-21-1014 the defendant must file a bond with two or more sufficient sureties within 48 hours after judgment, Sundays excepted, covering costs and damages for the wrongful detention. In an appeal over rent, 1-21-1015 also requires the appellant to deposit the rent in the judgment and each rent installment as it comes due; a missed deposit lets the appellate court affirm the judgment.
Example a made-up landlord leaves a written notice to quit with the tenant on Tuesday, November 3, 2026, and files on Friday, November 6, the first day three full days have passed. The court sets trial for Thursday, November 19, so the summons must be served between Saturday, November 7 and Monday, November 16. If the court enters judgment that day and the writ goes to the officer on Friday, November 20, the officer has until Monday, November 23 to execute it, because Sunday is excepted.
What about belongings left behind?
After regaining lawful possession, section 1-21-1210 lets the owner dispose at once of trash and anything the owner reasonably believes is hazardous, perishable or valueless and abandoned. Other property is handled by written notice: it describes the property and says it will be disposed of after seven days unless the renter claims it, and the notice is served by certified mail to an address the renter gave for the purpose, by service under Rule 4, or by publication in a county newspaper. The owner may charge storage costs, and is not responsible for loss during storage.
- Filing before the three days have passed since the notice to quit.
- Serving the summons less than three days or more than twelve days before the trial date.
- Assuming the officer waits for a written answer: none is required.
Where does DoorKeeping fit?
DoorKeeping keeps each property's lease, rent ledger and the notices you send together, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. Check the current statute and your court's local rules, and talk to a local attorney if the case is contested.
Sources
Questions
- How much notice is required before filing a Wyoming eviction?
- A written notice to leave, served at least three days before you commence the action (1-21-1003).
- Does the tenant have to file an answer in Wyoming?
- No. The defendant is not required to file a written answer to take part in the trial (1-21-1004 and 1-21-1006).
- How fast is a Wyoming writ of restitution carried out?
- Within two days after the officer receives it, Sundays excepted, unless the defendant appeals with the required bond (1-21-1013 and 1-21-1014).