Wyoming Tenant Answer to Forcible Entry and Detainer Complaint

IN THE CIRCUIT COURT OF THE [______] JUDICIAL CIRCUIT, COUNTY OF [COUNTY], STATE OF WYOMING

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Admissions and Denials
4. General Denial
5. Affirmative Defenses
6. Specific Defenses Checklist
7. Counterclaims
8. Reservation of Rights
9. Prayer for Relief
10. Demand for Trial by Jury
11. Verification
12. Signature and Service Blocks
13. Certificate of Service
14. List of Exhibits
15. Wyoming Practice Notes
16. Sources and References

1. CAPTION

STATE OF WYOMING

COUNTY OF [COUNTY] — CIRCUIT COURT OF THE [______] JUDICIAL CIRCUIT

CIVIL ACTION FILE NO. [________________________________]

DEFENDANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO COMPLAINT FOR FORCIBLE ENTRY AND DETAINER

2. INTRODUCTION

Defendant [TENANT NAME] ("Defendant" or "Tenant"), appearing [by counsel / pro se], hereby answers the Complaint for Forcible Entry and Detainer (the "Complaint") filed by Plaintiff [LANDLORD NAME] ("Plaintiff" or "Landlord") and states:

3. ADMISSIONS AND DENIALS

3.1. As to paragraph 2.1 of the Complaint: ☐ admitted ☐ denied ☐ Defendant lacks sufficient information to admit or deny and on that basis denies.

3.2. As to paragraph 2.2 of the Complaint: ☐ admitted ☐ denied ☐ Defendant lacks sufficient information to admit or deny.

3.3. As to paragraph 2.3 of the Complaint: ☐ admitted ☐ denied.

3.4. As to paragraph 2.4 of the Complaint: ☐ admitted ☐ denied.

3.5. As to paragraph 2.5 (jurisdiction): ☐ admitted ☐ denied. Defendant [reserves / does not contest] subject-matter jurisdiction.

3.6. As to paragraph 2.6 (venue): ☐ admitted ☐ denied.

3.7. As to paragraph 2.7 (amount in controversy): ☐ admitted ☐ denied. Defendant disputes the amount alleged.

3.8. As to paragraph 3.1 (Premises): ☐ admitted ☐ denied. [If denied, state corrected description.]

3.9. As to paragraph 3.2 (Rental Agreement): ☐ admitted ☐ denied. [Note any disputes about the date, parties, terms, or rent amount.]

3.10. As to paragraph 3.3 (Exhibit A copy): ☐ admitted ☐ denied. [Note any contention that Exhibit A is incomplete or altered.]

3.11. As to paragraph 3.4 (continuous possession): ☐ admitted ☐ denied.

3.12. As to paragraph 3.5 (rental term): ☐ admitted ☐ denied. [Specify if month-to-month vs. fixed term is disputed.]

3.13. As to paragraph 4.1 (Notice served): ☐ admitted ☐ denied. [CRITICAL: deny if the notice contained any defect — wrong period, wrong rent figure, wrong name, ambiguous demand.]

3.14. As to paragraph 4.2 (manner of service): ☐ admitted ☐ denied. [CRITICAL: deny if the notice was not actually delivered to Tenant or left at Tenant's actual usual place of abode.]

3.15. As to paragraphs 4.3–4.4 (exhibits, three days elapsed): ☐ admitted ☐ denied.

3.16. As to paragraph 4.5 (failure to comply): ☐ admitted ☐ denied. [Deny if Tenant tendered payment, cured the breach, or vacated; or if the alleged breach did not occur.]

3.17. As to paragraph 4.6 (conditions precedent satisfied): DENIED. Defendant specifically denies that all conditions precedent under W.S. § 1-21-1001 et seq. have been satisfied. [See Affirmative Defenses below.]

3.18. As to Count I (paragraphs 5.1–5.4): denied. Defendant denies that Plaintiff is entitled to restitution.

3.19. As to Count II (paragraphs 6.1–6.6): ☐ admitted in part / denied in part. [State what rent, if any, is admitted as due. Itemize disputed amounts.]

3.20. As to Count III (paragraphs 7.1–7.3, holdover use-and-occupancy): denied.

3.21. As to Count IV (paragraphs 8.1–8.4, property damage): denied. Defendant denies causing damage beyond ordinary wear and tear.

3.22. Each and every allegation of the Complaint not specifically admitted in this Answer is hereby DENIED.

4. GENERAL DENIAL

To the extent permitted by Wyoming law, Defendant generally denies each and every allegation of the Complaint not expressly admitted above and demands strict proof thereof.

5. AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE — Failure to State a Claim.
The Complaint fails to state a claim upon which relief can be granted under W.S. § 1-21-1001 et seq.

SECOND AFFIRMATIVE DEFENSE — Defective Notice (W.S. § 1-21-1003).
Plaintiff's pre-suit notice failed to comply with W.S. § 1-21-1003 in one or more of the following respects:
(a) the three-day period had not elapsed when the Complaint was filed;
(b) the notice was not served by a method authorized by W.S. § 1-21-1003;
(c) the notice mis-stated the amount of rent owed and demanded sums other than rent;
(d) the notice ambiguously identified the Premises or the Tenant;
(e) the notice failed to include the election (pay/cure) required to give the Tenant a meaningful opportunity to comply;
(f) the notice was not signed by an authorized agent of the Landlord;
(g) other: [__________].
Compliance with W.S. § 1-21-1003 is a jurisdictional prerequisite to a forcible-entry-and-detainer action; failure to comply requires dismissal.

THIRD AFFIRMATIVE DEFENSE — Payment / Tender.
Defendant tendered the full amount of rent demanded on [__/__/____] by [method], and the tender was [refused / accepted] by Plaintiff. Under Wyoming law, a valid tender during the cure period defeats the FED action.

FOURTH AFFIRMATIVE DEFENSE — Accord and Satisfaction / Settlement.
The parties reached a [written / oral] agreement on [__/__/____] under which Defendant [paid $[__], agreed to a payment plan, etc.]. Plaintiff is barred by accord and satisfaction or settlement from pursuing the relief sought.

FIFTH AFFIRMATIVE DEFENSE — Waiver / Estoppel.
After the alleged breach and/or after service of the notice, Plaintiff accepted rent or other performance from Defendant on [__/__/____] without expressly reserving rights, thereby waiving the breach and the notice and creating an estoppel against forfeiture of the tenancy.

SIXTH AFFIRMATIVE DEFENSE — Habitability and Statutory Owner Duties (W.S. § 1-21-1202; § 1-21-1203; § 1-21-1206).
Plaintiff failed to maintain the Premises in a safe, sanitary condition fit for human habitation, with operational electrical, heating, and plumbing systems and hot and cold running water as required by W.S. § 1-21-1202. Defendant gave Plaintiff written notice of the defective condition(s) on [__/__/____] identifying: [ITEMIZED DEFECTS]. Plaintiff failed to commence repairs within a reasonable time. The conditions materially impair the use and value of the Premises and constitute a partial constructive eviction.

SEVENTH AFFIRMATIVE DEFENSE — Federal Fair Housing Act Discrimination (42 U.S.C. § 3601 et seq.).
Plaintiff initiated this action because of Defendant's protected characteristic — [race / color / national origin / religion / sex / familial status / disability / source of income (if subsidized) / sexual orientation or gender identity per HUD interpretation] — in violation of 42 U.S.C. § 3604 and § 3617.

EIGHTH AFFIRMATIVE DEFENSE — Federal § 3617 Anti-Retaliation; Common-Law Public Policy.
Plaintiff initiated this action in retaliation for Defendant's exercise of fair-housing rights, complaint of habitability defects under W.S. § 1-21-1203, contact with code-enforcement authorities, request for reasonable accommodation, or other protected activity, in violation of 42 U.S.C. § 3617 and Wyoming's narrow public-policy doctrine. (Wyoming has no state retaliation statute; this defense is rooted in federal law and common law.)

NINTH AFFIRMATIVE DEFENSE — ADA / FHA Reasonable Accommodation.
Defendant has a disability within the meaning of the FHA / ADA and timely requested a reasonable accommodation on [__/__/____] consisting of [DESCRIPTION]. Plaintiff's refusal to grant the accommodation, and reliance on conduct related to the disability as the basis for eviction, violates 42 U.S.C. § 3604(f) and 42 U.S.C. § 12101 et seq.

TENTH AFFIRMATIVE DEFENSE — Servicemembers Civil Relief Act (50 U.S.C. § 3951).
Defendant [and/or a household member] is on active military duty. Plaintiff's action is subject to the protections of the Servicemembers Civil Relief Act, including the right to a stay of proceedings and the prohibition on eviction without court order.

ELEVENTH AFFIRMATIVE DEFENSE — VAWA (if federally subsidized).
The Premises is federally subsidized housing subject to the Violence Against Women Act, 34 U.S.C. § 12491. Plaintiff's action is based on conduct that constitutes a protected incident of domestic violence, dating violence, sexual assault, or stalking, and may not be used as a basis for eviction.

TWELFTH AFFIRMATIVE DEFENSE — Improper Service / Lack of Personal Jurisdiction.
Service of the Summons and Complaint did not comply with W.S. § 1-21-1005 or the Wyoming Rules of Civil Procedure for Circuit Courts.

THIRTEENTH AFFIRMATIVE DEFENSE — Lack of Standing.
Plaintiff is not the owner of the Premises or an authorized agent of the owner and lacks standing to bring this action.

FOURTEENTH AFFIRMATIVE DEFENSE — Improper Venue / Wrong Premises Description.
The Complaint identifies the Premises incorrectly or files in the wrong county; venue is proper only in the county where the Premises is located.

FIFTEENTH AFFIRMATIVE DEFENSE — Self-Help Eviction.
Plaintiff engaged in unlawful self-help eviction by [locking Tenant out / removing Tenant's property / shutting off utilities / threatening violence] on [__/__/____], in violation of Wyoming law that requires use of the FED process. This conduct bars equitable relief and supports the counterclaims below.

SIXTEENTH AFFIRMATIVE DEFENSE — Reservation.
Defendant reserves all additional defenses that may be revealed in discovery or at trial.

6. SPECIFIC DEFENSES CHECKLIST

For the convenience of the Court and the parties, Defendant identifies the following as the principal defenses asserted (check all that apply):

☐ Defective W.S. § 1-21-1003 notice (period, content, or service)

☐ Mis-stated rent demand or improper inclusion of non-rent charges

☐ Payment in full / valid tender refused

☐ Accord and satisfaction or settlement

☐ Waiver / estoppel by post-breach rent acceptance without reservation

☐ Habitability / W.S. § 1-21-1202 / § 1-21-1203 / § 1-21-1206

☐ Federal Fair Housing Act discrimination (42 U.S.C. § 3604, § 3617)

☐ Federal anti-retaliation (42 U.S.C. § 3617)

☐ ADA / FHA reasonable accommodation refusal

☐ Servicemembers Civil Relief Act stay

☐ VAWA (federally subsidized housing)

☐ Improper service / lack of personal jurisdiction

☐ Lack of standing (Plaintiff not owner or authorized agent)

☐ Improper venue / wrong Premises description

☐ Self-help eviction by Plaintiff

☐ Other: [__________________________________]

7. COUNTERCLAIMS

COUNTERCLAIM I — Breach of Habitability and Statutory Owner Duties (W.S. § 1-21-1202; § 1-21-1203; § 1-21-1206).

7.1. Defendant incorporates the foregoing paragraphs.

7.2. Plaintiff failed to maintain the Premises in a safe, sanitary, habitable condition with operational utilities as required by W.S. § 1-21-1202.

7.3. Defendant gave written notice on [__/__/____] of the following defects: [ITEMIZED DEFECTS].

7.4. Plaintiff failed to commence repairs within a reasonable time.

7.5. Defendant has been damaged by diminished rental value, repair costs, lost personal property, medical expenses, and discomfort, in an amount of no less than $[__________].

COUNTERCLAIM II — Wrongful Withholding of Security Deposit (W.S. § 1-21-1208).

7.6. Defendant paid Plaintiff a security deposit of $[__________] on [__/__/____].

7.7. Plaintiff has failed and refused to return the security deposit, or to provide an itemized statement of deductions, within the time limits of W.S. § 1-21-1208.

7.8. Defendant is entitled to recover the full amount of the deposit wrongfully withheld plus court costs.

COUNTERCLAIM III — Wrongful Self-Help Eviction.

7.9. Plaintiff engaged in self-help eviction by [locking Tenant out / removing Tenant's belongings / shutting off utilities] on [__/__/____].

7.10. Defendant has been damaged in the amount of no less than $[__________], including replacement-cost of property, alternative-housing costs, lost wages, and emotional distress.

COUNTERCLAIM IV — Federal Fair Housing Act Violation (42 U.S.C. § 3601 et seq.).

7.11. Plaintiff discriminated and/or retaliated against Defendant in violation of 42 U.S.C. § 3604 and/or § 3617 by [CONDUCT].

7.12. Defendant is entitled to actual damages, statutory damages, punitive damages, attorney's fees, and costs under 42 U.S.C. § 3613.

COUNTERCLAIM V — Other.

7.13. [Add any additional state-law counterclaims supported by facts: breach of contract, fraud, conversion, intentional infliction of emotional distress, etc.]

8. RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer to add additional defenses and counterclaims as facts are revealed in discovery or at trial. Defendant reserves all rights and defenses available under Wyoming and federal law.

9. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays the Court for the following relief:

A. That the Complaint be DISMISSED with prejudice;

B. That judgment be entered in favor of Defendant on each Count of the Complaint;

C. That Defendant be allowed to remain in possession of the Premises;

D. That Defendant recover on the Counterclaims:

1. Damages in an amount to be proven at trial, no less than $[__________];
2. Return of the security deposit of $[__________];
3. Statutory damages under W.S. § 1-21-1208 and other applicable statutes;
4. Attorney's fees and costs under 42 U.S.C. § 3613, the Rental Agreement, or other applicable provision;

E. Costs of suit and attorney's fees as authorized by law;

F. Such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Pursuant to Wyoming Statute § 1-21-1009 and the Wyoming Rules of Civil Procedure for Circuit Courts, Defendant hereby ☐ demands ☐ does not demand a trial by jury on all issues so triable.

11. VERIFICATION

STATE OF WYOMING
COUNTY OF [COUNTY]

I, [TENANT NAME], being first duly sworn, depose and state: I am the Defendant in the foregoing action; I have read the foregoing DEFENDANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS; and the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[TENANT NAME]

Subscribed and sworn to before me this [__] day of [MONTH], [YEAR].

____________________________________
Notary Public

My commission expires: [__/__/____]

[NOTARY SEAL]

12. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted this [__] day of [MONTH], [YEAR].

____________________________________
[ATTORNEY NAME], Wyoming State Bar No. [__________]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Wyoming [ZIP]
Telephone: [(___) ___-____]
Email: [__________________________________]
Attorney for Defendant

— OR (Self-Represented Tenant) —

____________________________________
[TENANT NAME]
[ADDRESS]
[CITY], Wyoming [ZIP]
Telephone: [(___) ___-____]
Email: [__________________________________]
Defendant, Pro Se

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing DEFENDANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS was served upon Plaintiff and Plaintiff's counsel of record by [U.S. first-class mail / hand delivery / electronic service to opposing counsel's email per Wyoming Circuit Court rules] at:

[PLAINTIFF / COUNSEL NAME]
[ADDRESS]
[CITY], Wyoming [ZIP]
Email: [__________________________________]

____________________________________
[ATTORNEY / DEFENDANT NAME]

14. LIST OF EXHIBITS

15. WYOMING PRACTICE NOTES

• File quickly. FED hearings are summary; the hearing is typically within 7–14 days of service. Failure to appear can result in default judgment of restitution.
• Bring evidence to court. Even if the Answer is filed in advance, bring originals or certified copies of every document and a witness list. Wyoming circuit courts handle FED matters efficiently and expect parties to be ready.
• Notice defects are the most successful defense. Wyoming circuit courts apply W.S. § 1-21-1003 strictly. Audit the notice for: (i) the precise dollar amount; (ii) only "rent" included; (iii) authorized service method; (iv) signed by an authorized person; (v) three days actually elapsed before filing.
• Habitability has a current-on-rent precondition. Under W.S. § 1-21-1206, the statutory habitability remedy requires the tenant to be CURRENT on rent. Tenants who withhold rent lose the W.S. § 1-21-1206 remedy. Wyoming common law (Snowden v. Norris and progeny) provides limited additional protection — Shepardize before relying.
• No state retaliation or fair-housing statute. Frame retaliation/discrimination claims under federal § 3617 and § 3604 plus narrow public-policy doctrine.
• Jury demand. Either party may demand a jury under W.S. § 1-21-1009. Demand early.
• Appeal. Under W.S. § 1-21-1014, appeal from a circuit-court FED judgment to District Court does not stay execution unless the tenant files a sufficient bond within forty-eight (48) hours after judgment, Sundays excepted. Notice of appeal is generally due within 30 days under Wyoming appellate-rule practice; verify circuit-specific rule.
• Self-help defense becomes a counterclaim. If the landlord locked out the tenant, removed property, or shut off utilities, document promptly and assert as a counterclaim under Counterclaim III.
• Mobile-home park tenancies have some separate Wyoming statutory protections; verify before relying.
• Free legal help. Legal Aid of Wyoming (1-877-432-9955), University of Wyoming Student Legal Services (for student tenants), and law-school clinics may assist.

16. SOURCES AND REFERENCES

• Wyoming Statutes Title 1, Chapter 21, Article 10 (Forcible Entry and Detainer): https://wyoleg.gov/NXT/gateway.dll/2023%20Wyoming%20Statutes/2023%20Titles/1/53/63
• Wyoming Statutes Title 1, Chapter 21, Article 12 (Residential Rental Property Act): https://wyoleg.gov/NXT/gateway.dll/Statutes/2021%20Titles/2/54/66
• W.S. § 1-21-1003 (Notice to Quit Premises Required) — Justia: https://law.justia.com/codes/wyoming/title-1/chapter-21/article-10/section-1-21-1003/
• W.S. § 1-21-1009 (Trial by Jury; Verdict) — Justia: https://law.justia.com/codes/wyoming/title-1/chapter-21/article-10/section-1-21-1009/
• W.S. § 1-21-1014 (Appeal; Bond; Stay) — Justia: https://law.justia.com/codes/wyoming/title-1/chapter-21/article-10/
• W.S. § 1-21-1202 (Duties of Owners and Renters): https://law.justia.com/codes/wyoming/title-1/chapter-21/article-12/section-1-21-1202/
• W.S. § 1-21-1208 (Security Deposit Return): https://www.wyocourts.gov/legal-help-by-topic/security-deposits/
• Wyoming Judicial Branch — Evictions: https://www.wyocourts.gov/legal-help-by-topic/evictions/
• Wyoming Judicial Branch — Eviction Handout: https://www.wyocourts.gov/app/uploads/2025/12/Eviction-Handout.pdf
• Wyoming Judicial Branch — Landlord-Tenant Basics: https://www.wyocourts.gov/app/uploads/2025/05/Landlord-Tenant-2.pdf
• Wyoming Judicial Branch — Critical Review of the Residential Rental Property Act: https://www.wyocourts.gov/app/uploads/2025/05/Wyomings-Residential-Rental-Property-Act-A-Critical-Review.pdf
• Wyoming Rules of Civil Procedure for Circuit Courts: https://www.wyocourts.gov/app/uploads/2025/01/WY-Rules-of-Civil-Procedure-for-Circuit-Courts-1.pdf
• Legal Aid of Wyoming: https://www.lawyoming.org
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
• Servicemembers Civil Relief Act, 50 U.S.C. § 3951 et seq.
• Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
• Violence Against Women Act, 34 U.S.C. § 12491

END OF DEFENDANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS