An eviction notice is a document issued by a landlord to their tenant, stating an intention to remove them from their property forcibly. The notice is given when a tenant fails to comply with the lease agreement.
As a landlord, you should file the eviction notice according to the law. Once sure you’re within the law, you can proceed to file a Forcible Entry and Detainer Action against your tenant at the circuit court if they fail to respond to your Wyoming eviction notice.
How to Evict a Tenant in Wyoming
As a landlord trying to get rid of some unpleasant tenants, you must be well-prepared to answer for your actions. This is because tenants have different laws protecting them from malicious lease agreements, so much so that they can challenge your petition for eviction in court.
However, if you have legit reasons for forcing them out of your building, you can proceed to evict them. The following procedure is essential when trying to evict a tenant in Wyoming:
1. Issue an eviction notice
If there are legally acceptable reasons to evict a tenant, the first step is to issue an eviction notice. The said reasons could be non-payment of rent or non-compliance to the lease agreement. Make sure you keep a copy of the documents sent to the tenant. And this notice should be issued well in advance to give time to the tenant to plan.
You can either issue a 3-Day Notice to Quit for non-payment and non-compliance to the lease agreement or a 30-Day Notice to Quit for month-to-month tenancy lease termination.
2. File the eviction with the court
As mentioned, eviction in Wyoming, or any other part of the country, is a lengthy legal process. If you issue an eviction notice and the tenant does not respond, you should proceed to a local Circuit Court and file your eviction papers. Here, you will file a complaint and receive a summons form.
3. Serve the tenant with the court documents.
The tenant must be aware of your actions. So, after getting the summons form from the court, you should serve it to the tenant. The tenant will then be required to appear in court and file a response to the court, which explains their side of the eviction story.
4. Court hearing
This is a court proceeding where both the tenant and the landlord present their cases to the judge. The judge then issues a ruling on whether the tenant should leave your property or not. If it is in favor, you will receive a Writ of Restitution, which the local Sheriff uses to remove the tenant from the premises.
Related Wyoming Eviction Court Forms
You will need a couple of court forms to evict any tenant from your property legally from the eviction procedure above. These include:
- Complaint- is filed by the landlord to the court for forcible entry and detainer lawsuits.
- Summons- served by the court to the tenant after the landlord files a complaint
- Answer to the complaint- written response by the tenant to the court.
- Writ of Restitution- if you win the case against your tenant, you are issued with this document, which you present to your local sheriff’s office. It is a document that permits you to evict a tenant from your property legally.
How to Write
How you write your eviction letter is also very important to the process. And in these six simple steps, you can adequately notify your tenant of your intention to evict them, the reason why, and your notification period.
- Collect the paperwork- Make sure you have the written lease agreement, which you attach to your eviction notice.
- Include the recipient’s name- You must include the full name of the person you are looking to evict from your property.
- Declaration- This is where you state facts by identifying you as the owner of the property and the other party on the lease agreement. You should include the location of your property, be it ZIP code, county, building number, and street.
- Notice to Act- this can either be Non-payment, failing to pay rent, issues a notice of 3 days, or a Non-compliance, which issues a 3-day notice to the tenant to either comply with the lease agreement or leave the premises. In both cases, you should include the offense committed by the tenant.
- Notice to Comply- this is a section of the landlord detailing their expectations. It concludes with a signature line from you, the landlord, or your agent.
- Confirmation of delivery- The delivery agent’s delivery certificate is crucial in maintaining evidence that you did issue the notice on time. It should report the date of the delivery and the recipient’s name.
As a landlord in Wyoming, dealing with non-compliant tenants can be a headache. And even without the rent grace period, some will fail to pay up. In such cases, following the proper procedure to evict them could save you a lot of trouble. So, if you have non-payment or non-compliant tenants, use the law to remove them from your premises legally.