Wyoming 3-Day Notice to Pay Rent or Quit

WYOMING 3-DAY NOTICE TO PAY RENT OR QUIT THE PREMISES

TABLE OF CONTENTS

1. Caption and Parties
2. Statutory Authority
3. Notice of Default and Demand for Rent
4. Itemization of Rent Due
5. Election: Pay or Quit
6. Method and Place of Payment
7. Consequences of Non-Compliance
8. Reservation of Rights
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 § 1-21-1002(a)(i) (forcible entry and detainer proceedings allowed against tenants "after a failure to pay rent for three (3) days after it is due"); and
• 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 if the tenant cannot be found).

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. NOTICE OF DEFAULT AND DEMAND FOR RENT

YOU ARE HEREBY NOTIFIED that you are in default under the terms of the [Written Lease / Rental Agreement / Oral Month-to-Month Tenancy] dated [__/__/____] (the "Rental Agreement") covering the Premises, in that you have failed to pay rent that became due and payable on [__/__/____] and remains unpaid as of the date of this Notice.

The total amount of rent currently due and owing is itemized in Section 4 below.

4. ITEMIZATION OF RENT DUE

Less any partial payments previously credited: $[__________]

NET RENT DUE AND PAYABLE: $[__________]

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

5. ELECTION: PAY OR QUIT

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

☐ (A) PAY the entire NET RENT DUE specified in Section 4 in full, in the manner and at the place specified in Section 6 below; OR

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

Your failure to elect either option (A) or option (B) within the three-day period will result in the commencement of a Forcible Entry and Detainer action against you under W.S. § 1-21-1001 et seq.

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

6. METHOD AND PLACE OF PAYMENT

If you elect to cure the default by payment, payment must be tendered as follows:

• Payable to: [LANDLORD / PROPERTY MANAGER NAME]
• Form of payment accepted: ☐ certified funds ☐ money order ☐ cashier's check ☐ electronic transfer to [ACCOUNT / PORTAL] ☐ other: [__________]
• Personal checks: ☐ accepted ☐ NOT accepted (because of prior dishonor or by lease terms)
• Place of payment: [ADDRESS] between the hours of [__:__ a.m./p.m.] and [__:__ a.m./p.m.], [DAYS OF WEEK].
• Mailed payment must be received (not merely postmarked) on or before the third day after service.

The Landlord reserves the right to refuse any payment that is partial, conditional, post-dated, or tendered after the three-day period unless accompanied by a fully executed written reinstatement agreement signed by the Landlord.

7. CONSEQUENCES OF NON-COMPLIANCE

If you fail to pay 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 all unpaid rent, prejudgment interest at the statutory rate, court costs, statutory service fees, and any 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 you from the Premises within two (2) days after receipt (Sundays excepted), unless you perfect an appeal and post 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 your future ability to rent housing and your consumer credit.

8. RESERVATION OF RIGHTS

Nothing in this Notice waives, modifies, or releases any other right or remedy of the Landlord. The Landlord expressly reserves:

• The right to recover all rent, late charges, damages, attorney's fees, and costs that are or become due, whether or not specifically itemized above;
• The right to apply the security deposit pursuant to W.S. § 1-21-1208 after termination of the tenancy;
• The right to elect any other remedy available 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 in full and refuse partial payment.

Acceptance of any payment after service of this Notice does not constitute a waiver of the default unless expressly so stated in a writing signed by the Landlord.

9. TENANT RIGHTS AND DEFENSES (INFORMATIONAL)

The following is provided for the Tenant's information and does not constitute the Landlord's admission of any claim or defense:

• Right to cure. You may avoid eviction by paying the full amount demanded within three (3) days of service.
• Right to dispute the amount. If you believe the amount demanded is incorrect, you may raise that issue at the FED hearing.
• Habitability. Under W.S. § 1-21-1202 and § 1-21-1203, a residential rental unit must be safe, sanitary, and fit for human habitation, with operational electrical, heating, and plumbing systems and hot and cold running water (unless otherwise agreed in writing). However, W.S. § 1-21-1206 requires a tenant to be CURRENT on rent to invoke statutory habitability remedies, and Wyoming law does not authorize unilateral rent withholding.
• Federal Fair Housing Act. Wyoming has no state fair-housing statute. Federal protections under 42 U.S.C. § 3601 et seq. apply. If you believe this Notice was issued for a discriminatory reason, you may contact HUD or a fair-housing organization.
• Servicemembers. If you or a household member is in active military service, additional protections may apply under the Servicemembers Civil Relief Act.
• Right to counsel. You may consult an attorney. Legal Aid of Wyoming (1-877-432-9955) may provide assistance to qualifying low-income tenants.
• Right to a jury. Either party may demand a jury at the FED hearing 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 PAY RENT 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 named above.

☐ 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. (Posting alone is not authorized by W.S. § 1-21-1003; pair with mailing.)

☐ 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

• No grace period by statute. W.S. § 1-21-1002(a)(i) authorizes FED proceedings after rent has been due for three days. The "three days" in the statute is the post-default trigger for proceedings; the W.S. § 1-21-1003 three-day notice is a separate, additional pre-suit period. Read together, a typical timeline is: rent due date → tenant default → service of three-day notice → three-day expiration → file FED complaint.
• Strict-construction state. Wyoming circuit courts dismiss FED actions for technical notice defects. Verify that (a) the rent figure is correct to the dollar, (b) only "rent" is demanded, (c) the three-day period is computed correctly, and (d) the proof of service identifies the actual method used.
• Self-help is barred. Locking out a tenant, removing belongings, or shutting off utilities to force a tenant to leave is unlawful and exposes the landlord to wrongful-eviction damages, even though Wyoming lacks a comprehensive self-help statute.
• No state retaliation statute. Unlike URLTA states, Wyoming has no codified anti-retaliation provision. Federal Fair Housing Act § 818 (42 U.S.C. § 3617) and narrow Wyoming public-policy doctrine still constrain retaliatory evictions following habitability complaints under W.S. § 1-21-1203.
• Forum. FED actions are filed in Circuit Court under W.S. § 5-9-128, regardless of the amount in controversy (subject to the circuit court's general civil jurisdictional limit of $50,000). Larger damages claims can be split or refiled in District Court.
• Mobile-home park tenants. Mobile-home pad tenancies are governed in part by separate provisions; verify before using this template.

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. § 1-21-1208 (Security Deposit Return) — Justia: https://law.justia.com/codes/wyoming/title-1/chapter-21/article-12/
• 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 — Wyoming's Residential Rental Property Act, A Critical Review: https://www.wyocourts.gov/app/uploads/2025/05/Wyomings-Residential-Rental-Property-Act-A-Critical-Review.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.

END OF WYOMING 3-DAY NOTICE TO PAY RENT OR QUIT THE PREMISES