In Wyoming
, the eviction process leans heavily in the landlord's favor. While tenants must receive a three-day notice before an eviction is filed, legal evictions can occur for any action deemed a lease violation. Since landlords have so much power, renters in Wyoming must know what their rights are as tenants. Until a few years ago, the cost of living in Wyoming was much lower than in other states. With Yellowstone National Park
as its backdrop, hot springs, and wide-open spaces, it's a pretty special place to call home. Wyoming is one of the few states without any additional state-funded programs for tenants or landlords impacted by the pandemic. Between the pandemic, the economy, and inflation, many Wyomingites are facing eviction.
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Wyoming eviction 101: the ways you can be evicted
Violation of Lease Terms is a catch-all category under which all evictions are filed in Wyoming. Landlords must give tenants a written three-day Notice to Quit before filing for eviction. The notice will state why they are being evicted, the time frame they have to leave, and if the landlord will allow them to correct their violation.
Here is where Wyoming is different from most other states. A landlord can file an Unconditional Notice to Quit for any legal cause, which means tenants do not have to get a chance to stay; they must move. The only exception is for non-payment. If a tenant pays the rent and any late fees within the timeframe stated in the notice, an eviction cannot be filed.
While landlords have much leeway, they must have a cause for eviction. The most common violations that result in causes are as follows:
Non-payment of rent: Late is when it is three days past the due date. This is when a Notice to Quit can be delivered
Exceeding occupancy: The tenant can not exceed the occupancy limit stated in the lease.
Creating health or safety issues: The unit must be kept to health and cleanliness standards stated in the lease.
Denying access: Landlords must be able to access the unit for repairs, maintenance, or showings.
Violating others’ rights of enjoyment: The tenant must not infringe on someone else's freedom and enjoyment of the property.
Failing to move when the lease is up.
Violating any terms of the lease or rental agreement.
At will or month-to-month tenants must be given a written notice of eviction with time to move, but the state does not specify how much time. Most landlords allow for 30 days, but it is up to their discretion.
If the tenant didn't move when the time stated in the notice is up, the landlord would have the Summons and Complaint filed with the court and served to the tenant. A third party can deliver the documents directly to the tenant at home or work. If they can not locate the tenant, they can be left with someone over the age of 14 at the tenant's residence or with a co-worker.
Key Takeaway All evictions in Wyoming fall under the category of lease violation. The landlord can choose to file an unconditional eviction, meaning they do not need to give the tenant a chance to rectify the violation.
A timeline of eviction in Wyoming
So you have an eviction notice giving you three days to pay rent, but you know you can't get the money in time. Or maybe your dog destroyed the carpet, and your landlord needs you to replace it this week. You may be wondering how long you really have before the sheriff is knocking at your door. Here is a breakdown of the eviction timeline in Wyoming:
| How long it typically takes | |
---|
Written notice from landlord | | This notice will let you know the reason for eviction, the timeframe you have to move, and if it is unconditional or if you have time to correct the violation. |
| 3-12 days before the hearing | This notice will state the date and time of the trial. |
| | Tenants do not need to respond to the notice. They need only to show up for court and can ask for a two-day continuance. |
| | Tenants must go to court. If they don't appear, the judge will file in favor of the landlord. The hearing gives the tenant a chance to state their case and offer evidence of why they should stay in the rental. |
| | If the landlord wins the hearing, a Writ of Restitution is issued, giving the tenant a minimum of two days to move. The sheriff can forcibly remove the tenant sooner, as soon as the Writ is issued if the landlord requests. |
If you are in this situation, move your personal belongings as soon as possible. A landlord can dispose of your property immediately and is only required to hold on to what they deem valuable for seven days.
How to resist eviction in Wyoming
Evictions happen quickly in Wyoming. You will want to do all you can to stop the process or at least slow it down if possible.
Pay rent or fix the violation: If you can make it right, do so right away! Evictions will stay on your credit and rental history, making it harder to find another place.
Point out a procedural mistake: Study your lease. If your landlord didn't maintain the property properly or follow the timelines stated in the lease, bring it up in court. This can give you more time, or the judge may rule in your favor.
Call out discrimination: It's illegal for a Wyoming landlord to evict anyone based on race, gender, sexual orientation, national origin, and more. If your landlord's threatened eviction suit seems to be based on any of those things, you may be able to get it dismissed.
If any of the above are viable options for you, use them! If not, look for a new place as early as possible. Avoiding the rush and stress of packing while the landlord and police are waiting will make a difficult situation easier.
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