Vol. 31, No. 2, #3. Forcible Entry and Detainer: A View from the Bench.

• Author: Author: Hon. Roberta A. Coates

Wyoming Bar Journal

2008.

Vol. 31, No. 2, #3.

Forcible Entry and Detainer: A View from the Bench

Wyoming Bar Journal Issue: April, 2008 Author: Hon. Roberta A. Coates Forcible Entry and Detainer: A View from the Bench

It is a relief when a lawyer appears in an action forcible entry and detainer because it usually means the clients have done everything they need to do before coming to court and have realistic expectations about what the court can do for them. When is a lawyer important?

Our court does not believe an individual may bring an action for a corporation, including a limited liability company. Only attorneys may represent such entities. Some property managers think they can bring an action if they have a power of attorney. Our court does not agree. The owner must bring the action, either as an individual or through an attorney.

When a forcible entry and detainer action should be brought

Under Wyoming Statute 1-21-1002 an action is appropriate if:

Tenants are holding over past their terms (be careful if the lease has a holdover provision to give notice that provision is not in place)

Rent is not paid for three days after it is due

When a purchaser demands possession after a legal sale

In cases where the defendant is a settler or occupier of lands or tenements, without color of title

In all other instances listed in Wyoming Statute 1-21-1002.

It is important to note that an action should not be brought to enforce a contract for deed. Steffens v. Smith, 477 P.2d 119, 1970 Wyo. LEXIS 207 (Wyo. 1970). If a tenant violates a term of the lease (such as loud parties, violations of the law at the premises or pets on the premises that are not allowed), notice of the violation and notice to terminate the lease should first be given and then the procedures for a forcible entry and detainer may be put in place.

Procedures for an action for Forcible Entry and Detainer are complicated and fast:

A Notice to quit must be served. Pursuant to Wyoming Statute 1-21-1003, the defendants must be notified to leave the premises. This notice must be "served" at least three days prior to filing the complaint for forcible entry. "Served" in this instance has not been defined, and it is not clear the definition contained in the Wyoming Rules of Civil Procedure applies. It is probably a safe practice to have a neutral process server serve the notice...