THREE-DAY NOTICE TO PAY RENT OR VACATE
(Wyoming – Residential Tenancy)
[// GUIDANCE: This template is drafted to comply with the Wyoming Forcible Entry & Detainer statutes and the Wyoming Residential Rental Property Act. Modify bracketed items and optional language to fit the specific facts and the underlying lease. Serve the Notice strictly in accordance with the “Certificate of Service” at the end of this document. If you are unsure whether a longer notice period applies (e.g., for subsidized housing or under federal COVID-19 overlays), seek specialized counsel before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Defaults & Remedies
- Risk Allocation (Intentionally Limited)
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
1. DOCUMENT HEADER
Landlord: [LANDLORD LEGAL NAME], a [form of entity or “individual”]
Address for Notice: [LANDLORD NOTICE ADDRESS]
Tenant: [TENANT LEGAL NAME(S)]
Leased Premises: [STREET ADDRESS, CITY, WY, ZIP]
Lease Date: [ORIGINAL LEASE DATE]
Effective Date of Notice: [DATE NOTICE ISSUED]
Governing Law / Forum: State of Wyoming; exclusive venue in the state housing court (or applicable circuit court) for the county in which the Premises is located.
Recital: Pursuant to the Lease and Wyo. Stat. Ann. § 1-21-1003 (2023), Landlord hereby issues this Three-Day Notice to Pay Rent or Vacate (this “Notice”).
2. DEFINITIONS
“Cure Period” – Three (3) consecutive calendar days beginning on the day immediately following Tenant’s receipt of this Notice.
“Default Amount” – The total unpaid rent and other sums due under the Lease through the Cure Period, presently calculated as $[AMOUNT].
“Lease” – The written or oral rental agreement identified in Section 1, together with any amendments, addenda, and renewals.
“Premises” – The real property described in Section 1 and all appurtenant rights included in the Lease.
3. OPERATIVE PROVISIONS
3.1 Notice of Monetary Default. Tenant is currently in default for failure to pay rent when due. As of the Effective Date, Tenant owes the Default Amount as itemized below:
• Monthly Base Rent (From [DATE] Through [DATE]).................$[ ]
• Late Fees (If applicable and authorized by Lease)............$[ ]
• Other Contractual Charges (Specify)..........................$[ ]
TOTAL DEFAULT AMOUNT (as of Effective Date).....................$[ ]
3.2 Statutory Demand. Tenant must, within the Cure Period, either (a) pay the Default Amount in full to Landlord at the address stated above, or (b) vacate and surrender possession of the Premises.
3.3 Method of Payment. Payment shall be made in [lawful currency / certified funds / other acceptable method] and received by Landlord no later than 5:00 p.m. Mountain Time on the last day of the Cure Period. Partial payments will be accepted [YES/NO – SELECT] and, if accepted, will [waive / not waive] Landlord’s right to proceed with eviction unless the balance is paid in full within the Cure Period.
3.4 Possession After Cure Period. If Tenant neither cures the default nor vacates the Premises within the Cure Period, the Lease SHALL AUTOMATICALLY TERMINATE, and Tenant must immediately surrender the Premises to Landlord.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
(a) The Lease is in full force and effect and has not been modified except as stated herein.
(b) The amounts claimed in Section 3.1 are true and correct to the best of Landlord’s knowledge.
(c) Landlord has complied with all applicable notice and service requirements under Wyoming law.
4.2 Tenant is deemed to have warranted under the Lease that all rent shall be paid when due and that Tenant will comply with the Wyoming Residential Rental Property Act.
5. COVENANTS
5.1 Tenant covenants to cure the monetary default or vacate the Premises within the Cure Period.
5.2 Tenant shall continue to comply with all other obligations under the Lease during and after the Cure Period, including the obligation to maintain the Premises and to refrain from waste or illegal conduct.
6. DEFAULTS & REMEDIES
6.1 Events of Default. Any of the following constitutes an “Event of Default”:
(a) Failure to pay the Default Amount in full within the Cure Period;
(b) Failure to vacate the Premises within the Cure Period; or
(c) Violation of any other material Lease term during the Cure Period.
6.2 Remedies. Upon an Event of Default, Landlord may, without further notice:
(a) File a forcible entry and detainer (FED) action for immediate possession, back rent, future rent, damages, court costs, and attorney fees;
(b) Seek a writ of restitution and arrange for sheriff’s execution; and
(c) Pursue any other remedies available at law or in equity.
6.3 Attorney Fees & Costs. If permitted by the Lease or statute, Tenant shall reimburse Landlord for all reasonable attorney fees and court costs incurred in enforcing this Notice.
7. RISK ALLOCATION
[// GUIDANCE: Wyoming notices customarily do not contain indemnity or liability limitation language. This section is intentionally limited to avoid over-lawyering a statutory notice.]
7.1 Exculpation. Nothing in this Notice releases Tenant from liability for rent, damages, or other obligations that accrue before or after termination of tenancy.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any ensuing litigation are governed exclusively by the laws of the State of Wyoming.
8.2 Venue. Exclusive venue lies in the state housing court (or the circuit court having territorial jurisdiction over the Premises).
8.3 Arbitration. Arbitration is not available for forcible entry and detainer actions under Wyoming law.
8.4 Jury Trial. Tenant’s constitutional right to a jury trial is preserved to the extent not waived by statute or court rule.
8.5 Injunctive Relief. Landlord retains the right to seek injunctive or equitable relief, including but not limited to a writ of restitution, in connection with eviction proceedings.
9. GENERAL PROVISIONS
9.1 No Waiver; Reservation of Rights. Landlord’s acceptance of partial rent, if any, or delay in enforcement shall not constitute a waiver of Landlord’s right to strict performance.
9.2 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Entire Notice. This document constitutes the entire statutory notice required for Tenant’s monetary default described herein. No oral statements by Landlord or its agents modify this Notice.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned executes this Notice as of the Effective Date.
[LANDLORD NAME / AUTHORIZED AGENT]
Title: [ ]
Date: [ ]
11. CERTIFICATE OF SERVICE
I, the undersigned, certify under penalty of perjury that on ____ [DATE], I served the foregoing Three-Day Notice to Pay Rent or Vacate upon the above-named Tenant(s) at the Premises described herein by:
☐ Personal delivery to Tenant; or
☐ Leaving a copy with a person of suitable age and discretion then residing at the Premises; or
☐ Posting in a conspicuous place on the main entrance of the Premises AND mailing a copy via certified mail, return receipt requested to the Premises address.
[SIGNATURE OF SERVER]
Name: [ ]
Address: [ ]
Telephone: [ ]
[// GUIDANCE: Wyoming courts strictly construe service methods. Personal service is preferred. If posting and mailing are used, do both to ensure compliance. Keep proof of mailing and a time-stamped photograph of any posting.]
STATUTORY AUTHORITY: Wyo. Stat. Ann. § 1-21-1003 (2023) (requiring at least a three-day notice to quit or pay before filing a forcible entry and detainer action).