Wyoming Landlord Tenant Law - Click here to return to US Landlord

ARTICLE 10

FORCIBLE ENTRY AND DETAINER


1-21-1001. Jurisdiction of justices.
Any justice within his county may inquire against those who make unlawful
and forcible entry into lands and tenements and detain the same, or against
those who, having a lawful and peaceable entry into lands or tenements,
unlawfully or by force hold the same. If it is found that an unlawful and
forcible entry was made and the lands or tenements are held by force, or that
after a lawful entry the lands are held unlawfully, the justice shall require
restitution to the complaining party.

1-21-1002. When proceedings allowed.
(a) Proceedings for forcible entry and detainer may be had in any of the
following cases:
(i) Against tenants holding over their terms or after a failure to pay rent
for three (3) days after it is due;
(ii) In sales of real estate on execution, orders or other judicial process,
including proceedings for the foreclosure of a mortgage by court action, when
the judgment debtor was in possession at the time of rendition of the judgment
or decree by virtue of which the sale was made;
(iii) When real estate has been sold under a power of sale contained in any
mortgage or trust deed and the purchaser or his assignee has demanded
possession;
(iv) Any sale by executors, administrators, guardians or on partition
where any of the parties to the petition were in possession at the
commencement of the suit, after the sale has been examined by the proper
court and adjudged legal;
(v) In cases where the defendant is a settler or occupier of lands or
tenements, without color of title, to which the complainant has the right of
possession.
(b) This section shall not be construed as limiting the provisions of W.S.
1-21-1101.

1-21-1003. Notice to quit premises required.
The party desiring to commence an action for forcible entry or detainer must
notify the adverse party to leave the premises involved. The notice shall be
served at least three (3) days before commencing the action, by leaving a
written copy with the defendant or at his usual place of abode or business if he
cannot be found.

1-21-1004. Summons; service and return.
The summons shall state the cause of the complaint against the defendant, the
time and place of trial and shall be served and returned as in other cases. Such
service shall be not less than three (3) nor more than twelve (12) days before
the day of trial set by the justice.

1-21-1005. Proceedings when defendant fails to appear.
If the defendant does not appear in accordance with a properly served
summons the justice shall try the action as though he were present. Before
proceeding, the plaintiff shall file a complaint in which he relies in order to
recover the premises. The complaint must be sustained by proof or the action
dismissed.

1-21-1006. Proceedings when defendant appears.
If the defendant appears, a like complaint shall be admitted or denied in the
answer of the defendant. Both parties may be allowed to amend. If no answer
is made by the defendant, he may not offer evidence upon his part, but shall
only be allowed to cross-examine the plaintiff's witnesses.

1-21-1007. Bond on granting continuance.
No continuance shall be granted the defendant for longer than two (2) days
unless he gives a bond to the adverse party, with good and sufficient surety
approved by the justice, conditioned for the payment of the rent that may
accrue and costs if judgment is rendered against him.

1-21-1008. Trial by justice or jury; judgment and costs.
(a) If the action is not continued, the place of trial changed or if neither
party demands a jury, upon the return day of the summons the justice shall try
the action. If the justice concludes that the complaint is not true, he shall enter
judgment against the plaintiff for costs. If he finds the complaint true, he shall
render a general judgment in favor of the plaintiff for restitution of the
premises and costs. If he finds the complaint true in part, he shall render
judgment for restitution of that part only and the costs shall be taxed as
deemed equitable.
(b) If the case is one based on failure to pay rent, the justice shall further
find the amount of rent due and payable at the time of commencement of the
action, together with the terms and conditions of the agreement between the
parties in relation to the amount and time of payment of rent. If the trial is by
jury the verdict shall contain a finding of these facts and the justice shall recite
such findings in his docket entry of proceedings. The justice, upon these
findings, in addition to entering judgment for the plaintiff to have restitution,
shall render judgment in accordance with the findings for the amount of rent
found due, together with costs, and shall issue execution separate from the
writ of restitution for the rent found due and costs as in other actions.

1-21-1009. Trial by jury; verdict.
If a jury is demanded by either party, the proceedings shall be the same as in
other cases until the empaneling thereof. If the jury finds the complaint true
they shall render a general verdict against the defendant, and if untrue, a
general verdict in favor of the defendant. If true in part, the verdict shall set
forth the facts they find true.

1-21-1010. Judgment upon verdict.
The justice shall enter the verdict upon his docket and render judgment
thereon.

1-21-1011. Exceptions.
Exceptions to the opinion of the justice on questions of law or evidence may
be taken by either party, whether tried by a jury or the court.

1-21-1012. Writ of restitution; issuance.
When a judgment of restitution is entered by a justice, heshall, at the request
of the plaintiff, his agent or attorney, issue a writ of restitution thereon.

1-21-1013. Writ of restitution; execution and return.
Unless the defendant takes an appeal, the officer shall execute the writ of
restitution within two (2) days after receiving it, Sundays excepted, by
restoring the plaintiff to possession of the premises. He shall levy and collect
the execution for rent and costs and make return as upon other executions.

1-21-1014. Proceedings upon stay on appeal; bond required.
(a) If the officer receives notice from the justice that the proceedings have
been stayed on appeal, he shall immediately delay all further proceedings upon
execution and writ of restitution. If the premises have been restored to the
plaintiff he shall immediately place the defendant in possession thereof and
return the writ and execution with his proceedings and costs taxed thereon.
(b) An appeal by a defendant shall not stay the proceedings on judgment
unless within forty-eight (48) hours after judgment, Sundays excepted, the
appellant executes and files with the justice his bond to plaintiff, with two (2)
or more sufficient sureties approved by the justice, conditioned that the
appellant will pay all costs which have accrued or may thereafter accrue and
all damages which plaintiff may have sustained or may thereafter sustain in
consequence of the wrongful detention of the premises during the pendency of
the appeal. Upon taking the appeal and filing the bond, all further proceedings
in the case shall be stayed and the appellate court shall thereafter issue all
writs and processes to carry out the judgment of the appellate court. The
court in which the appeal is pending may require a new bond in a larger
amount, with sureties approved by the appellate court, if deemed necessary to
secure the rights of the parties.

1-21-1015. Rents to be deposited on appeal.
(a) In appeals from the judgment of a justice for rents due and payable, in
addition to the bond required by W.S. 1-21-1014, the appellant shall deposit
with the justice the amount of rent specified in the judgment. Unless the
deposit is made, the appeal is not perfected and proceedings upon the
judgment shall be had accordingly. If the appeal is perfected, the justice shall
transmit the deposit to the clerk of the appellate court with the papers in the
case.
(b) Thereafter, when the rents become due, the appellant shall deposit them
with the clerk of the appellate court. If at any time during the pendency of the
appeal and before final judgment the appellant fails to make any deposit of
rent at the time specified in the judgment appealed, the court in which such
appeal is pending shall, upon such fact being made to appear, and upon
motion and proof of such fact by the appellee, the appellate court shall affirm
the judgment appealed from with costs. Proceedings shall thereupon be had
as in like cases determined upon the merits and the rent money deposited paid
to the plaintiff or his assignee upon order of the court.

1-21-1016. Ejectment not barred.
The pendency of an action for forcible entry or detainer does not bar an action
of ejectment.