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Being Evicted

W.S. 1-21-1003 — three days after rent is due, then a three day notice to quit

  • An eviction case, called forcible entry and detainer, can be brought against a tenant who holds over past the term, or after failing to pay rent for three days after it is due.
  • It can also be brought against a renter who breaks the renter's duties or the prohibited acts in the rental law.
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Before filing, the landlord gives a written notice to leave at least three days before starting the case, left with the tenant, or at their usual home or business if they cannot be found.

  • The summons gives the reason and the time and place of trial, and is served no less than three and no more than twelve days before trial.
  • The tenant does not have to file a written answer to take full part in the trial.

Not appearing. If the tenant does not appear after proper service, the court tries the case as though they were there. The landlord still files a complaint and has to prove it, or the case is dismissed.

  • W.S. 1-21-1005

If the court finds the complaint true, it orders restitution of the premises and costs. In a case over unpaid rent, it also finds the rent due at the time of the hearing and gives judgment for it, with costs and attorney's fees as the lease provides.

  • W.S. 1-21-1008
Sources for this section (6)
  1. W.S. 1-21-1002 — When proceedings allowed
  2. W.S. 1-21-1003 — Notice to quit premises required
  3. W.S. 1-21-1004 — Summons; service and return
  4. W.S. 1-21-1005 — Proceedings when defendant fails to appear
  5. W.S. 1-21-1006 — Proceedings when defendant appears
  6. W.S. 1-21-1008 — Trial by judge or jury; judgment and costs

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.

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