When a Wyoming landlord can file
Wyoming evictions are forcible entry and detainer cases, often called FED. Under W.S. 1-21-1002, you can bring one against a tenant who holds over after the lease ends, who fails to pay rent within three days after it is due, or who violates the renter duties in W.S. 1-21-1204 or the prohibited acts in 1-21-1205.
The rent ground has its own clock. If rent is due on the 1st, the tenant isn’t in default for FED purposes until three days have passed after the due date, so the notice to quit should come after that. Wyoming has no statewide just-cause rule, and our Wyoming landlord-tenant law guide covers how lease terms fill the gap on month-to-month notice.
The 3-day notice to quit
Before filing, W.S. 1-21-1003 requires you to notify the tenant to leave the premises, in writing, at least three days before you commence the action. Unlike many states, the statute doesn’t frame this as a pay-or-quit offer. It is a notice to leave, and you decide whether to accept payment instead.
Serve it by leaving a written copy with the tenant, or at the tenant’s usual place of abode or business if the tenant can’t be found. Have an adult who can testify to service deliver it and sign a statement of how and when, because you will need to prove the notice at trial.
Filing in circuit court and serving the summons
File the complaint in the circuit court for the county where the building is located. The summons states the cause of the complaint and the time and place of trial, and must be served not less than three and not more than 12 days before the trial date the judge sets, W.S. 1-21-1004. Service follows the ordinary civil rules.
An entity owner can sometimes skip the lawyer. Under W.S. 1-21-1017, an LLC or other business entity can appear through an owner, shareholder, member or partner if the entity owns a majority interest in the property, every owner signs a written notice to the court and parties, and the judgment sought is within the limit in 1-21-201. If an attorney then appears for the entity, the tenant is entitled to a continuance to get one too.
Trial on the return day
Wyoming tenants don’t have to file anything. Under W.S. 1-21-1004 and 1-21-1006, the tenant can participate fully at trial without a written answer. Unless the case is continued, moved or a party demands a jury, the circuit court tries the case on the return day of the summons, W.S. 1-21-1008(a).
If the tenant doesn’t show, you still have to prove the case. The court tries it as though the tenant were present, and your complaint must be sustained by proof or the action is dismissed, W.S. 1-21-1005. Bring the lease, the ledger, the notice to quit and proof of service. Before a default, file the military status affidavit the Servicemembers Civil Relief Act requires, 50 U.S.C. 3931.
Continuances and the rent bond
Delay is expensive for the tenant. Under W.S. 1-21-1007, no continuance longer than two days can be granted to the tenant unless the tenant posts a bond, with surety approved by the court, to cover rent that accrues and costs if you win. Either party may demand a jury, W.S. 1-21-1009, which can also change the schedule.
Judgment and the writ of restitution
If the court finds the complaint true, it enters judgment for restitution of the premises and costs. In a rent case, it also finds the rent due as of the hearing and enters judgment for that rent, plus costs and attorney fees if the lease provides for them, with a separate execution for the money, W.S. 1-21-1008(b).
At your request, the court issues a writ of restitution, W.S. 1-21-1012. Unless the tenant appeals, the officer must execute the writ within two days after receiving it, Sundays excepted, by restoring you to possession, W.S. 1-21-1013. If the renter still doesn’t leave, the sheriff may remove the renter’s possessions and keep the renter from reentering without further court action, W.S. 1-21-1211(a).
Appeals: 48 hours and a rent deposit
An appeal doesn’t stop the eviction by itself. Under W.S. 1-21-1014(b), the judgment is stayed only if, within 48 hours after judgment, Sundays excepted, the tenant files a bond with two or more sufficient sureties approved by the court, covering costs and the damages you suffer from the wrongful detention during the appeal.
In a rent case, the tenant must also deposit the rent stated in the judgment, or the appeal isn’t perfected, and must keep depositing rent with the appellate clerk as it comes due, W.S. 1-21-1015. If a deposit is missed, the appellate court affirms the judgment on your motion. Once a stay is in place, the officer halts the writ, and if you’ve already been put back in possession, the tenant goes back in until the appeal is decided, 1-21-1014(a).
Self-help and federal notice rules
Wyoming’s statute gives removal to the sheriff once a court order is in place, W.S. 1-21-1211(a). Don’t change locks, remove doors or haul out belongings before then. With a case that can finish in under two weeks, there’s little reason to try.
If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or takes part in a covered federal housing program, the CARES Act may require a 30-day notice to vacate under 15 U.S.C. 9058(c). The 120-day moratorium ended in 2020, but the 30-day text is still in the statute and courts have split on whether it still applies. With a 3-day state notice, that gap is the biggest timing risk a Wyoming owner faces, and giving 30 days at a covered building is the safer course.
Wyoming eviction timeline at a glance
The deadlines below are for a nonpayment case with no appeal.
| Step | Deadline | Rule |
|---|---|---|
| Rent default becomes grounds | 3 days after rent is due | W.S. 1-21-1002 |
| Serve notice to quit | At least 3 days before filing | W.S. 1-21-1003 |
| Serve summons | 3 to 12 days before trial | W.S. 1-21-1004 |
| Trial | Return day of the summons | W.S. 1-21-1008(a) |
| Tenant continuance over 2 days | Only with a rent and costs bond | W.S. 1-21-1007 |
| Appeal stay | Bond within 48 hours, Sundays excepted | W.S. 1-21-1014(b) |
| Rent deposit on appeal | Judgment rent, then rent as it comes due | W.S. 1-21-1015 |
| Writ executed | Within 2 days of receipt, Sundays excepted | W.S. 1-21-1013 |
Worked example: an $1,100 unit in Cheyenne
Assume an 8-unit building in Cheyenne where one tenant pays $1,100 a month, due on the 1st, and doesn’t pay. Rent is three days past due on the 4th, and you serve the notice to quit that day. Assume a $500 attorney fee for an uncontested case; an LLC owner that qualifies under 1-21-1017 might handle it without one.
On the fastest path, you file on the 7th, three days after the notice, and the summons is served that day with trial set three days out, on the 10th. You win and request the writ. Assuming no Sunday falls in the window, the officer executes it two days later, on the 12th. That’s 11 days of unpaid occupancy counted from the 1st.
A day of rent is about $36.16, so 11 days is $398 in lost rent, and the total with the assumed fee is $898. A continuance with a bond, a jury demand or a perfected appeal pushes the date back, and a 30-day CARES Act notice at a covered building adds almost four weeks.
Alternatives, and selling with a case pending
Wyoming’s short timeline gives you leverage in settlement. A written agreement to leave by a set date, sometimes with cash for keys and a waiver of part of the balance, can still make sense when you want the unit back in good condition rather than after a sheriff’s removal.
You can sell with an FED case pending. The buyer takes title subject to the leases and can continue the case as the party entitled to possession, so pass along the notice to quit, proof of service, ledger and judgment. Tenant estoppel certificates confirm rent and deposits for the rest of the building.
Selling your Wyoming apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units throughout Wyoming, including occupied buildings with nonpaying tenants and evictions underway. We buy the building with its leases as they are, so you don’t need to finish a case first.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
