How to Evict a Roommate Not on Your Lease in Wyoming

If you're sharing a rental in Wyoming and your roommate isn't listed on the lease, removing them legally requires following specific steps. Understanding your legal rights and responsibilities can help keep the process fair and compliant with state law.

Roommates Not Listed on the Lease: Your Legal Position

In Wyoming, if your roommate is not named on the official lease, they are often considered a "guest" or "subtenant." You, as the primary tenant, are responsible to the landlord for the entire unit, including rent and any damages caused by your roommate.

Evicting a roommate who isn't on the lease means you take on the role of a landlord for that individual, even if you are also a renter yourself.

Required Legal Steps: Eviction Process for Unlisted Roommates

Wyoming law requires that you follow proper legal eviction procedures rather than "self-help" actions (like changing the locks or removing their belongings). The legal process is outlined in the Wyoming Residential Rental Property Act ^[1].

• Give Written Notice: Provide your roommate with a written notice to vacate (generally 3 days for nonpayment or breaking rules).
• If They Refuse to Leave: File a formal eviction (called a "Forcible Entry and Detainer" action) with the local circuit court.

Key Official Forms and How to Use Them

• Notice to Quit (3-Day Notice): There is no state-issued form, but your written notice must include the roommate's name, the address, the reason for eviction (for example, not paying agreed-upon rent or violating house rules), and the date by which they must leave.
  
  Tip: Keep a copy of the notice and document how you delivered it (such as by hand, mail, or email).
• Forcible Entry and Detainer (FED) Complaint: This is the official court filing to start eviction proceedings if your roommate refuses to leave.
  Practical Example: After the 3-day notice period, file the FED Complaint with your county circuit court. The form must be notarized and include copies of your notice and proof of delivery.
  Access forms and instructions directly from Wyoming Circuit Court's official eviction forms page.

Which Tribunal Handles Roommate Evictions?

All residential eviction matters in Wyoming are handled by the Wyoming Circuit Court, which acts as the main tribunal for tenant and landlord disputes. You will file all eviction paperwork at your local circuit court office.

Step-by-Step Guide: Removing a Roommate Not on Your Lease

The following steps summarize the eviction process you must follow:

• Give your roommate a clear written notice to quit (usually 3 days for most violations).
• If they do not leave, collect your documentation (notice, proof of delivery, lease).
• Download, fill, and file the Forcible Entry and Detainer Complaint at your local circuit court.
• Serve your roommate the court papers—generally done by a sheriff or professional process server.
• Attend the court hearing. If the court grants removal, your roommate will be legally required to leave.

This legal path helps protect your rights and the rights of your roommate. Taking shortcuts or engaging in "self-help" eviction puts you at risk of legal penalties.

Your Rights and Responsibilities Under Wyoming Law

Wyoming tenants and subtenants are covered under the Wyoming Residential Rental Property Act, which sets rules on notices, evictions, and court actions. Always act in accordance with these laws to avoid jeopardizing your own tenancy or facing lawsuits.

Key takeaway: Always use a clear written notice and never forcefully remove your roommate. Follow court processes for a legal eviction.

FAQ: Evicting Roommates Not on the Lease in Wyoming

1. Can I change the locks to get my roommate out?
   No. Changing locks or using "self-help" methods is illegal. Only remove roommates through the court eviction process.
2. How much notice do I have to give my roommate?
   Generally, a 3-day written notice is sufficient for nonpayment or violation of house rules. Include what rule was broken and the deadline to leave.
3. What happens if my roommate still won’t leave after an eviction order?
   If the court orders removal and your roommate remains, you may request the sheriff's assistance in enforcing the order.
4. Does my landlord need to be involved?
   Usually no, unless your lease requires landlord approval for subtenants or your roommate is also listed on the lease.
5. Can I sue my roommate for unpaid rent or damages?
   Yes, you can use Wyoming small claims court to recover money owed, but eviction is a separate process.

Need Help? Resources for Renters

• Wyoming Housing Resources (Department of Workforce Services)
• Wyoming Circuit Court Directory – For court locations and forms
• Wyoming Lawyer Corps – Free or low-cost legal aid for renters
• Wyoming State Bar: Find a Lawyer – Legal referrals, including tenant-landlord matters

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1. Wyoming Residential Rental Property Act – Title 1, Chapter 21, Article 12
2. Wyoming Circuit Court: Eviction Forms and Information

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