Wyoming 3-Day Notice to Cure Lease Violation or Quit

WYOMING 3-DAY NOTICE TO CURE LEASE VIOLATION OR QUIT THE PREMISES

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Authority
3. Description of the Tenancy
4. Description of the Lease Violation
5. Demand for Cure or Surrender
6. Specific Acts Required to Cure
7. Reservation of Rights
8. Consequences of Non-Compliance
9. Tenant Rights and Defenses (Informational)
10. Signature, Verification, and Service
11. Proof of Service
12. Wyoming Practice Notes
13. Sources and References

1. CAPTION AND PARTIES

TO: [TENANT(S) FULL LEGAL NAME(S)] AND ALL OTHER PERSONS IN POSSESSION OF THE PREMISES DESCRIBED ABOVE:

2. STATUTORY AUTHORITY

This Notice is served pursuant to:

• Wyoming Statute § 1-21-1003 — requiring written notice served at least three (3) days before commencing a forcible-entry-and-detainer action, by leaving a written copy with the tenant or at the tenant's usual place of abode or business; and
• Wyoming Statute § 1-21-1002 — authorizing forcible-entry-and-detainer proceedings against tenants holding over their terms; and
• Wyoming Statute § 1-21-1202 — establishing mutual habitability and proper-use duties of owners and renters under the Wyoming Residential Rental Property Act.

The Landlord intends to commence a Forcible Entry and Detainer action in the Circuit Court of the [______] Judicial Circuit, County of [COUNTY], State of Wyoming, if the Tenant fails to comply with this Notice within the time stated below.

3. DESCRIPTION OF THE TENANCY

3.1. The Tenant occupies the Premises pursuant to a [Written Lease / Rental Agreement / Oral Tenancy] dated [__/__/____] (the "Rental Agreement").

3.2. The current rental term is: ☐ Fixed term ending [__/__/____] ☐ Month-to-month ☐ Other: [__________].

3.3. The contractual monthly rent is $[__________], due on the [__] day of each month.

3.4. The Tenant is currently: ☐ current on rent ☐ behind on rent in the amount of $[__________] (a separate Pay-or-Quit Notice may follow).

4. DESCRIPTION OF THE LEASE VIOLATION

YOU ARE HEREBY NOTIFIED that you are in material breach of the Rental Agreement and/or in violation of your duties under Wyoming Statute § 1-21-1202 in the following respects:

Nature of breach (check all that apply):

☐ Unauthorized occupant residing in the Premises in violation of Section [__] of the Rental Agreement. Unauthorized occupant: [NAME], since on or about [__/__/____].

☐ Unauthorized pet/animal kept on the Premises in violation of Section [__]. Animal: [DESCRIPTION], since on or about [__/__/____].

☐ Unauthorized alteration or modification of the Premises in violation of Section [__]. Description: [__________].

☐ Failure to maintain the Premises in a clean and sanitary condition or to dispose of garbage in a clean and sanitary manner, in breach of W.S. § 1-21-1202 and Section [__] of the Rental Agreement.

☐ Denial of the Landlord's right of entry after reasonable notice in violation of Section [__] on [__/__/____].

☐ Unauthorized parking, storage, or accumulation of inoperable vehicles, debris, or hazardous materials on the Premises.

☐ Repeated disturbance of other tenants' quiet enjoyment in violation of Section [__] and the implied covenant of quiet enjoyment, on or about [DATES].

☐ Smoking on the Premises in violation of Section [__] (no-smoking provision) on [DATES].

☐ Unauthorized subletting or assignment in violation of Section [__].

☐ Failure to maintain required renter's insurance in violation of Section [__].

☐ Other breach: [FULL DESCRIPTION OF CONDUCT, DATES, AND LEASE/STATUTORY PROVISION VIOLATED].

Specific factual details: [FACT-SPECIFIC NARRATIVE — WHO, WHAT, WHEN, WHERE, EVIDENCE.]

5. DEMAND FOR CURE OR SURRENDER

WITHIN THREE (3) DAYS AFTER SERVICE OF THIS NOTICE UPON YOU, you must either:

☐ (A) CURE the breach(es) described in Section 4 by performing all of the specific acts listed in Section 6 below; OR

☐ (B) QUIT and surrender possession of the Premises to the Landlord, removing yourself, all members of your household, all unauthorized occupants, all unauthorized animals, and all personal property, and returning all keys.

The three-day period begins to run upon service of this Notice and is computed in calendar days, including weekends.

6. SPECIFIC ACTS REQUIRED TO CURE

To "cure" the breach, the Tenant must complete each of the following acts within the three-day period and provide written confirmation to the Landlord at the address in Section 1:

1. [SPECIFIC CURATIVE ACT #1 — e.g., "Permanently remove the unauthorized occupant [NAME] from the Premises and provide a written statement that the unauthorized occupant has been removed."]

2. [SPECIFIC CURATIVE ACT #2 — e.g., "Permanently remove the unauthorized animal from the Premises."]

3. [SPECIFIC CURATIVE ACT #3 — e.g., "Restore Section [__] of the Premises to its original condition by removing the unauthorized fixture/modification."]

4. [SPECIFIC CURATIVE ACT #4 — e.g., "Cease and desist from the disturbances described in Section 4 and provide written assurance of future compliance."]

5. [SPECIFIC CURATIVE ACT #5 — e.g., "Provide proof of renter's insurance meeting the requirements of Section [__]."]

Cure of the breach within three days reinstates the tenancy as to this Notice, but does not waive the Landlord's right to terminate the tenancy for any future breach or for any incurable breach.

7. RESERVATION OF RIGHTS

The Landlord expressly reserves all rights and remedies, including:

• The right to recover damages caused by the breach, including repair costs, cleaning costs, lost rent, and any consequential damages;
• The right to recover attorney's fees and costs as authorized by the Rental Agreement or by statute;
• The right to apply the security deposit pursuant to W.S. § 1-21-1208 after termination;
• The right to elect any other remedy under the Rental Agreement, the Wyoming Residential Rental Property Act, the Forcible Entry and Detainer Act, or the common law of Wyoming;
• The right to terminate the tenancy for any subsequent or repeated breach without further opportunity to cure;
• The right to refuse rent tendered after service of this Notice without conditional acceptance language signed by the Landlord.

Acceptance of rent or partial performance after service of this Notice does not waive the breach unless the Landlord expressly so states in a writing signed by the Landlord.

8. CONSEQUENCES OF NON-COMPLIANCE

If the Tenant fails to cure or quit within three (3) days of service:

1. The Landlord will file a Complaint for Forcible Entry and Detainer in the Circuit Court of the [___] Judicial Circuit, County of [COUNTY], State of Wyoming, seeking restitution of the Premises under W.S. § 1-21-1001 et seq.
2. The Landlord will seek a money judgment for damages, prejudgment interest, court costs, statutory service fees, and attorney's fees authorized by the Rental Agreement or by statute.
3. Upon entry of judgment of restitution, the Landlord may obtain a Writ of Restitution under W.S. § 1-21-1013 directing the sheriff to remove the Tenant from the Premises within two (2) days after receipt (Sundays excepted), unless the Tenant perfects an appeal and posts a sufficient appeal bond pursuant to W.S. § 1-21-1014.
4. A judgment of forcible entry and detainer is a public record that may adversely affect future ability to rent housing and consumer credit.

9. TENANT RIGHTS AND DEFENSES (INFORMATIONAL)

• Right to cure. The Tenant may avoid eviction by completing the curative acts in Section 6 within three days.
• Right to dispute the breach. The Tenant may contest the existence or materiality of the breach at the FED hearing.
• Habitability counter-claim. Under W.S. § 1-21-1202 and § 1-21-1203, the Landlord must maintain the unit in a safe, sanitary, habitable condition with operational utilities. A tenant who is current on rent and has provided written notice may pursue habitability remedies under W.S. § 1-21-1206.
• No state retaliation statute, but federal floor. Wyoming has no codified anti-retaliation provision, but federal Fair Housing Act § 818 (42 U.S.C. § 3617) prohibits retaliation for exercising fair-housing rights, and Wyoming common law recognizes narrow public-policy retaliation defenses.
• Federal Fair Housing Act. Discrimination defenses based on race, color, national origin, religion, sex, familial status, disability, and (per HUD interpretation) sexual orientation/gender identity are available.
• Reasonable accommodation. A request for reasonable accommodation under the FHA or ADA is not a breach.
• Servicemembers. Active-duty servicemembers may have additional protections under the Servicemembers Civil Relief Act (50 U.S.C. § 3951 et seq.).
• Right to counsel. Legal Aid of Wyoming (1-877-432-9955) may assist qualifying tenants.
• Right to a jury. Either party may demand a jury at the FED trial under W.S. § 1-21-1009.

10. SIGNATURE, VERIFICATION, AND SERVICE

Dated this [___] day of [MONTH], [YEAR].

[LANDLORD / OWNER NAME], Landlord

By: ____________________________________

Print name: [NAME]

Title: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney-in-Fact

Address: [__________________________________]

Telephone: [(___) ___-____]

Email: [__________________________________]

11. PROOF OF SERVICE

I, [SERVER FULL NAME], declare that I am over the age of eighteen (18) and not a party to this matter. On [__/__/____] at [__:__ a.m./p.m.], I served the foregoing WYOMING 3-DAY NOTICE TO CURE LEASE VIOLATION OR QUIT THE PREMISES upon [TENANT NAME(S)] at the Premises located at [ADDRESS], [CITY], Wyoming [ZIP], by the following method (check all that apply):

☐ Personal delivery to the Tenant.

☐ Substituted service by leaving a written copy with [NAME, RELATIONSHIP, AGE if known], a person of suitable age and discretion residing at the Tenant's usual place of abode, after the Tenant could not be found.

☐ Substituted service by leaving a written copy at the Tenant's place of business with [NAME, TITLE] because the Tenant could not be found at the Tenant's usual place of abode.

☐ Posting in a conspicuous place on the Premises AND mailing a true and correct copy by U.S. first-class mail, postage prepaid, to the Tenant at the Premises and at any other known address.

☐ Certified mail, return receipt requested, article number [__________], in addition to one of the methods above.

I declare under penalty of perjury under the laws of the State of Wyoming that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], [COUNTY] County, Wyoming.

Signature: ____________________________________

Printed name: [__________________________________]

Address: [__________________________________]

12. WYOMING PRACTICE NOTES

• Curable vs. incurable. Wyoming's FED statute does not categorically split breaches into "curable" and "incurable" classes. Best practice is to give a cure period for minor or correctable breaches and to issue an unconditional notice only for serious, dangerous, illegal, or repeated breaches. See notice_to_terminate_no_cause.md for unconditional terminations of month-to-month tenancies.
• Strict construction. Circuit courts dismiss FED actions on technical defects. Pair the lease section breached with the specific factual conduct and the specific cure required.
• Waiver risk. Acceptance of rent after a known, ongoing breach without an express written reservation can waive the breach. After service, deposit rent into a separate ledger and reserve rights in writing.
• No state fair-housing statute. Federal FHA controls. Cheyenne, Laramie, and Jackson have local human-rights ordinances of varying scope; verify locally.
• No state retaliation statute. Be alert to federal § 3617 retaliation exposure if the breach allegation follows a habitability complaint, code-enforcement contact, or fair-housing inquiry.
• Mobile-home park tenancies are governed in part by separate provisions in Wyoming statutes; verify before applying this template.
• Forum. FED actions are filed in Circuit Court under W.S. § 5-9-128. Jury trial available on demand under W.S. § 1-21-1009.

13. 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. § 1-21-1202 (Duties of Owners and Renters) — Justia: https://law.justia.com/codes/wyoming/title-1/chapter-21/article-12/section-1-21-1202/
• 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
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
• Servicemembers Civil Relief Act, 50 U.S.C. § 3951 et seq.

END OF WYOMING 3-DAY NOTICE TO CURE LEASE VIOLATION OR QUIT THE PREMISES