Wyoming Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
Control #:
US-03314BG
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Word; 
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

When the landlord will needs to enter the unit for an emergency, no notice period is required. But when the entry is for maintenance, repairs, or due to a request of the tenant, the landlord should provide reasonable notice, such as 24 hours notice of the entry.

Wyoming landlord tenant law does not specify all of the non-emergency reasons to enter a unit, but SDCL § 43-32-32 does specify that ?reasonable notice? must be provided, and that a minimum of 24 hours written notice is considered reasonable.

The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, a law enforcement officer?not the landlord?will be the one who actually evicts the tenant. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit.

Section 4024 of the CARES Act prohibits landlords from requiring tenants to vacate ?before the date that is 30 days after the date ? that the landlord provides the tenant with a notice to vacate.? This prohibition applies only when a tenant fails to pay rent or other fees or charges due under their tenancy agreement.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Rent ? Wyoming has no legal maximum for what a landlord may charge for rent. There is also no limit on the amount a landlord may raise the rent, and they are not required to give any notice. Wyoming does not limit how much a landlord may charge for a late fee.

Advanced Notice: There is no state law in Wyoming requiring landlords to give advance notice before entering a property. Permitted Times: Wyoming state law does not designate any time-of-day restrictions for entering. Emergency Entry: There are no laws in Wyoming regarding emergency entry without notice.

Under the Wyoming Safe Homes Act, a tenant may break their lease and not be liable for rent after they vacate the premises if: There is an imminent threat of domestic abuse or sexual violence, or a prior record of these things, and; ? Tenant gives 7 days written notice to landlord prior to leaving.

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Wyoming Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand