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FILING
AN EVICTION IN Wyoming
| State
Guide
Landlord’s Right
of Re-Entry Except where there is a
provision in the lease stating otherwise, nonpayment
of rent does not give the landlord the right to
re-enter and retake possession of the apartment and
evict you without any kind of prior notice. If you
are behind on your rent, the landlord must make a
demand for its payment and give you sufficient
notice to vacate the apartment before he can
re-enter and take possession. After the landlord has
given sufficient notice, he can re-enter the
apartment as long as he does so peaceably. However,
if the landlord uses violent force in re-entry, he
can be liable to the tenant for damages.
Wyoming’s Eviction (Forcible Entry and Detainer)
Statute If a tenant is three (3) days
late in his payment of rent, then on the fourth day
the landlord can give the tenant written notice to
vacate the apartment
Three days after a written notice has been given to
the tenant, the landlord can go to Circuit Court and
have the tenant evicted, provided the landlord
proves his case for eviction. This statute does
not mean that the lease is automatically terminated
when the tenant is three days late with the rent,
but only gives the landlord the right to go to court
after the tenant is seven days late in the payment
of rent. If the tenant pays the late rent before the
landlord has started the legal proceedings, this
prevents the landlord from evicting the tenant. If
the tenant is ordered by a court to vacate and does
not, the sheriff may remove the tenant’s
possessions and prevent the tenant from re-entering
the premises without further action by the court.
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Besides
nonpayment of rent, a landlord may also
evict a tenant for whatever reasons
may be specified in the lease signed by the
tenant. If no specific reasons are listed,
then besides nonpayment of rent, a landlord
may evict a tenant for failure to maintain
the rental unit in a clean and safe
condition, for failure to dispose of garbage
and waste, for failure to maintain the
plumbing fixtures in a sanitary manner, etc
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Retaliatory
Eviction As a tenant you cannot be evicted
in the middle of your tenancy for any actions
that do not relate to the lease such as joining
a renters’ association, signing a petition or
the like.
Constructive Eviction Any willful act
done by the landlord or by people who represent
her that substantially damages, interferes with
or makes the tenant’s living condition
impossible will be considered constructive
eviction by the landlord and will relieve the
tenant of his duty to pay rent if he vacates the
apartment. If the landlord violates her duty to
protect the tenant’s right of quiet enjoyment,
then this will be grounds for a constructive
eviction. If you believe you are justified in
vacating your rental unit because of some act or
acts by done by the landlord, it is highly
recommended that you consult with the
Students’ Attorney before you move out.
Personal Property of a Tenant - Liens
- A lien is when one person keeps or has
an interest in the property of another as
security for the payment of a debt. At common
law, a landlord does not have a lien on the
personal property of his tenant merely by reason
of a landlord-tenant relationship. This means
that the landlord cannot keep
your television if you fail to pay the rent.
However, the landlord can obtain a lien on your
property in the apartment if there is a
provision in the lease to this effect, and you
agree to it by signing the lease.
By statute (W.S. 1-21-1210), following
termination of a lease, a landlord may dispose
of any trash or property you leave behind when
you move out and the landlord reasonably
believes that these items are hazardous,
perishable or valueless and abandoned. He also
may dispose of any valuable property you leave
behind, but only after he gives you timely
notice of his intention to dispose of it and you
fail to respond to his notice within the
statutory timeframe. If you do get a notice from
the landlord and you do respond, the landlord is
entitled to storage costs and the costs of
removal of your property to the place of storage
before you can retake possession of your
property.
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