Wyoming Forcible Entry and Detainer Complaint (Eviction)

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

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy and the Premises
4. Pre-Suit Notice (Statutory Predicate)
5. Count I — Forcible Detainer / Restitution of Premises
6. Count II — Unpaid Rent and Damages
7. Count III — Holdover Use-and-Occupancy (alternative)
8. Count IV — Property Damage Beyond Ordinary Wear and Tear (if applicable)
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. [________________________________]

VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER
(W.S. § 1-21-1001 ET SEQ.) — DAMAGES AND RESTITUTION

Plaintiff, complaining of Defendants, alleges and says as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] is the owner / authorized agent of the Premises and is a [citizen of Wyoming / business entity authorized to do business in Wyoming] with a principal address at [ADDRESS], [CITY], [STATE] [ZIP].

2.2. Defendant [TENANT 1 NAME] is upon information and belief an adult resident of [COUNTY] County, Wyoming, residing at the Premises identified below.

2.3. Defendant [TENANT 2 NAME] is upon information and belief an adult resident of [COUNTY] County, Wyoming, residing at the Premises identified below.

2.4. Defendants "All Other Occupants" are persons whose names are unknown to Plaintiff but who are currently in possession of the Premises and are joined to bind all such persons under any judgment of restitution.

2.5. Subject-matter jurisdiction is proper in this Circuit Court under Wyoming Statute § 5-9-128 (civil jurisdiction up to $50,000) and Wyoming Statute § 1-21-1001 et seq. (forcible-entry-and-detainer jurisdiction).

2.6. Venue is proper in this Court under Wyoming law because the Premises is located in [COUNTY] County, Wyoming.

2.7. The amount in controversy, exclusive of interest and costs, is $[__________], which is within the jurisdictional limit of this Court.

3. THE TENANCY AND THE PREMISES

3.1. Plaintiff is the owner / authorized agent of the residential real property located at:

[STREET ADDRESS, UNIT #], [CITY], [COUNTY] County, Wyoming [ZIP]

(the "Premises"), more particularly described as [LEGAL DESCRIPTION OR PARCEL NUMBER, IF AVAILABLE].

3.2. On or about [__/__/____], Plaintiff and Defendant(s) entered into a [Written Lease / Rental Agreement / Oral Month-to-Month Tenancy] (the "Rental Agreement") under which Defendant(s) took possession of the Premises in exchange for monthly rent of $[__________] due on the [__] day of each month.

3.3. A true and correct copy of the Rental Agreement (if written) is attached hereto as Exhibit A and incorporated by reference.

3.4. Defendant(s) took possession of the Premises on or about [__/__/____] and have continuously remained in possession of the Premises since that date.

3.5. The current rental term is: ☐ Fixed term ending [__/__/____] ☐ Month-to-month ☐ Holdover after expiration of fixed term ☐ Other: [__________].

4. PRE-SUIT NOTICE (STATUTORY PREDICATE)

4.1. On [__/__/____], Plaintiff caused to be served upon Defendant(s) a written [3-Day Notice to Pay Rent or Quit / 3-Day Notice to Cure Lease Violation or Quit / 30-Day Notice to Terminate Tenancy followed by 3-Day Notice to Quit / Unconditional 3-Day Notice to Quit] (the "Notice"), pursuant to Wyoming Statute § 1-21-1003.

4.2. The Notice was served by [personal delivery to Defendant / leaving a written copy at Defendant's usual place of abode / leaving a written copy at Defendant's place of business after Defendant could not be found / posting and mailing] in compliance with W.S. § 1-21-1003.

4.3. A true and correct copy of the Notice is attached hereto as Exhibit B and incorporated by reference. A true and correct copy of the Proof of Service of the Notice is attached as Exhibit C and incorporated by reference.

4.4. More than three (3) days have elapsed since the date of service of the Notice.

4.5. Defendant(s) have failed and refused to [pay the rent demanded / cure the breach described / vacate the Premises] within the time required by the Notice and remain in unlawful possession of the Premises.

4.6. All conditions precedent to the institution of this action under Wyoming Statute § 1-21-1001 et seq. have been performed, satisfied, or excused.

5. COUNT I — FORCIBLE DETAINER / RESTITUTION OF PREMISES

5.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 above.

5.2. Defendant(s) are unlawfully holding over and detaining the Premises after Plaintiff has lawfully terminated the tenancy and after expiration of the statutory three-day notice period under W.S. § 1-21-1003.

5.3. Plaintiff is entitled to restitution of the Premises pursuant to Wyoming Statute § 1-21-1001 and § 1-21-1010, and to issuance of a Writ of Restitution under Wyoming Statute § 1-21-1013 directing the sheriff to remove Defendant(s) from the Premises.

5.4. Plaintiff is the rightful person entitled to immediate and exclusive possession of the Premises, and Defendant(s) have no legal right to remain in possession.

6. COUNT II — UNPAID RENT AND DAMAGES

6.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 above.

6.2. Defendant(s) failed to pay rent that became due and payable under the Rental Agreement on [__/__/____] and have continued to fail to pay rent since that date.

6.3. As of the filing date of this Complaint, the unpaid rent due and owing from Defendant(s) is itemized as follows:

6.4. Plaintiff is further entitled to recover late charges of $[__________], return-check / NSF fees of $[__________], and any rent that accrues post-filing through entry of judgment, all as authorized by the Rental Agreement.

6.5. Plaintiff is entitled to prejudgment interest on the unpaid rent at the statutory rate under Wyoming law.

6.6. Plaintiff is entitled to recover attorney's fees and costs as authorized by [Section [__] of the Rental Agreement] and applicable Wyoming law.

7. COUNT III — HOLDOVER USE-AND-OCCUPANCY (ALTERNATIVE)

7.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 above.

7.2. In the alternative, and to the extent any portion of Defendant's continued possession is characterized as use-and-occupancy rather than a continuing tenancy, Defendant(s) are liable for the reasonable rental value of the Premises, which is no less than the contract rate of $[__________] per month, for each day Defendant(s) remain in possession after the Termination Date of [__/__/____].

7.3. Plaintiff is entitled to use-and-occupancy damages of $[__________] per day until possession is restored, plus prejudgment interest, costs, and attorney's fees.

8. COUNT IV — PROPERTY DAMAGE BEYOND ORDINARY WEAR AND TEAR (IF APPLICABLE)

8.1. Plaintiff incorporates by reference paragraphs 2.1 through 4.6 above.

8.2. Defendant(s) have caused damage to the Premises beyond ordinary wear and tear, including but not limited to: [ITEMIZE DAMAGE — e.g., broken windows, holes in walls, damage to flooring, missing fixtures, infestations attributable to tenant, etc.].

8.3. Plaintiff has incurred or will incur reasonable costs to repair the foregoing damage in the amount of $[__________], supported by [invoices / estimates / contractor statements] attached as Exhibit D.

8.4. Plaintiff is entitled to recover the foregoing damages, plus interest, costs, and attorney's fees, in addition to any application of the security deposit pursuant to W.S. § 1-21-1208.

9. PRAYER FOR RELIEF

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

A. Restitution of the Premises to Plaintiff and issuance of a Writ of Restitution pursuant to W.S. § 1-21-1013 directing the [COUNTY] County Sheriff to remove Defendant(s) and all occupants from the Premises;

B. Money judgment against Defendant(s), jointly and severally, for unpaid rent in the amount of $[__________];

C. Late fees, NSF fees, and other contractual charges in the amount of $[__________];

D. Holdover use-and-occupancy damages at the rate of $[__________] per day from the Termination Date through the date possession is restored;

E. Property-damage damages in the amount of $[__________], if proven;

F. Prejudgment and post-judgment interest at the statutory rate;

G. Costs of suit, including filing fees, service-of-process fees, and statutory costs;

H. Reasonable attorney's fees as authorized by the Rental Agreement and Wyoming law;

I. 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 Wyoming Rules of Civil Procedure for Circuit Courts, Plaintiff hereby ☐ demands ☐ does not demand a trial by jury on all issues so triable.

11. VERIFICATION

STATE OF WYOMING
COUNTY OF [COUNTY]

I, [VERIFIER NAME], being first duly sworn, depose and state: I am the [Plaintiff / authorized officer of Plaintiff / property manager / authorized agent] in the foregoing action; I have read the foregoing VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER; and the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[VERIFIER 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 Plaintiff

— OR (Self-Represented Landlord) —

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

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER, together with the Summons issued by this Court, was served upon Defendant(s) by [sheriff's service / private process server / certified mail, return receipt requested] at the Premises and at any other known address of Defendant(s), in compliance with Wyoming Statute § 1-21-1005 and the Wyoming Rules of Civil Procedure for Circuit Courts.

____________________________________
[ATTORNEY / PLAINTIFF NAME]

14. LIST OF EXHIBITS

15. WYOMING PRACTICE NOTES

• Forum. FED actions are filed in the Circuit Court of the judicial circuit and county where the Premises is located. Civil jurisdiction limit is $50,000 (W.S. § 5-9-128).
• Notice is jurisdictional. A defective W.S. § 1-21-1003 notice will result in dismissal. Verify rent demand amount, computation of three days, and method of service.
• Hearing speed. FED actions are designed to be summary; hearings are typically scheduled within a short window after service of the summons. Expect contested matters to be set within 7–14 days, but actual practice varies by circuit.
• Tenant defenses. Common Wyoming defenses include: defective notice, mis-stated rent, payment in full, accord and satisfaction, breach of habitability under W.S. § 1-21-1202 / § 1-21-1203 / § 1-21-1206 (subject to current-on-rent requirement), waiver, estoppel, federal Fair Housing Act discrimination, ADA accommodation, and federal anti-retaliation under § 3617.
• Jury demand. Either party may demand a jury under W.S. § 1-21-1009.
• Writ execution. Under W.S. § 1-21-1013, the sheriff executes the writ within two (2) days after receipt (Sundays excepted), unless an appeal is perfected.
• Appeal and stay. Under W.S. § 1-21-1014, an appeal does not stay execution unless the tenant files a sufficient bond within forty-eight (48) hours after judgment, Sundays excepted. Notice of appeal to District Court is generally due within thirty (30) days of judgment under Wyoming appellate rules; verify current circuit-court rule.
• Self-help bar. Even after judgment, the landlord may not lock out the tenant or remove property except by a sheriff acting on a writ.
• Mobile-home park tenancies are governed in part by separate provisions in the Wyoming statutes; verify before using this template.
• Security deposit. Application and return after judgment are governed by W.S. § 1-21-1208 (30-day return, plus 30-day extension for damage; statutory damages for noncompliance).

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. § 1-21-1002 (When Proceedings Allowed) — Justia: https://law.justia.com/codes/wyoming/title-1/chapter-21/article-10/section-1-21-1002/
• 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/
• 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 — FED Summons (Form FED-06): https://www.wyocourts.gov/app/uploads/2025/03/FED-06-Summons-04-25-fillable-1.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
• 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
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.

END OF WYOMING VERIFIED COMPLAINT FOR FORCIBLE ENTRY AND DETAINER