Vol. 31, No. 2, #8. What Every Wyoming Lawyer Should Know about Forcible Entry and Detainer (Eviction).

• Author: Author: Monique J. Ojeda

Wyoming Bar Journal

2008.

Vol. 31, No. 2, #8.

What Every Wyoming Lawyer Should Know about Forcible Entry and Detainer (Eviction)

Wyoming Bar Journal Issue: April, 2008 Author: Monique J. Ojeda What Every Wyoming Lawyer Should Know about Forcible Entry and Detainer (Eviction)

Why It Is UsefulEviction in Wyoming is called "Forcible Entry and Detainer ("FED"). Most FED cases involve landlords or real estate owners trying to evict a "tenant" from real property for failure to pay rent or failure to follow the lease. When the term "tenant" is used it generally means any person residing upon real estate whether by an oral or written lease, a sales contract, or by any other means. In Wyoming these actions are useful, efficient and generally inexpensive for landowners because the court limits its scrutiny to who is entitled to possession of the property. However, because FED actions are a purely statutory remedy pursuant to Wyo. Stat. 1-21-1001 et seq., the statute must be substantially complied with, or jurisdiction will fail to attach and the proceeding will be "corum non judice and void." White v. Veitch, 401 P.983 (Wyo. 1921).

In contrast, actions in ejectment are a much more lengthy and expensive process. Additionally, other legal causes of action such as breach of contract, violations of the Wyoming Residential Rental Property Act, Wyo. Stat. 1-21-1201 et. seq., or other problems concerning the condition of the property are irrelevant to an FED action. Additionally, the manner whereby the tenant entered upon land is immaterial in an FED action.

Fortunately, in Laramie County, the Circuit Court has developed its own policies and procedures for dealing with these actions and provides forms and instructional information that is available for the public. These procedures have streamlined the process for all parties.

When Is It Used?

FED proceedings are appropriate in the following cases listed in Wyo. Stat. 1-21-1002(a):

(i) Against tenants holding over their terms or after a failure to pay rent for three (3) days after it is due;

(ii) In sales of real estate on execution, orders or other judicial process, including proceedings for the foreclosure of a mortgage by court action, when the judgment debtor was in possession at the time of rendition of the judgment or decree by virtue of which the sale was made;

(iii) When real estate has been sold under a power of sale contained in any mortgage or trust deed and the purchaser or his assignee has demanded possession;

(iv) Any sale by executors, administrators, guardians or on partition where any of the parties to the petition were in possession at the commencement of the suit, after the sale has been examined by the proper court and adjudged legal;

(v) In cases where the defendant is a settler or occupier of lands or tenements, without color of title, to which the complainant has the right of possession;

(vi) Against renters in violation of any terms imposed under Wyo. Stat. 1-21-1204 or 1-21-1205.

How It Works In Practice

In my experience, over the last three years, most FED actions in which I...