How to Evict a Roommate in Wyoming (and Other Household Situations)
What Wyoming law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: No statute defines the status of a roommate not on the lease. Wyoming does not create landlord-tenant relationships by implication or operation of law, except a tenancy by sufferance. A renter may not increase the number of occupants above the number in the rental agreement without the owner's written permission. W.S. 34-2-128; W.S. 1-21-1204(a)(v)
| Roommate not on the lease | No statute defines the status of a roommate not on the lease. Wyoming does not create landlord-tenant relationships by implication or operation of law, except a tenancy by sufferance. A renter may not increase the number of occupants above the number in the rental agreement without the owner's written permission. Renter duties: https://wyoleg.gov/statutes/compress/title01.pdf. |
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| Removing a roommate or subtenant | No roommate-specific statute. Forcible entry and detainer proceedings are available against tenants holding over their terms or not paying rent for three days after it is due, and against a settler or occupier without color of title. The party bringing the case must first serve a written notice to leave the premises at least three days before filing, by leaving a copy with the defendant or at their usual place of abode or business. |
| Guests who won't leave | No statute sets when a guest becomes a tenant. A person occupying without color of title can be removed by a forcible entry and detainer case after a 3-day notice to leave. An owner may instead ask county law enforcement to immediately remove an 'unauthorized person' who unlawfully entered and remains in a residential dwelling, using a sworn complaint, but only if the person is not a current or former tenant under a written or oral agreement authorized by the owner and is not an immediate family member of, or in a cohabiting relationship with, the owner. |
| Removing a family member or partner | No statute sets a specific procedure for family members. Wyoming's law-enforcement removal remedy for unauthorized persons cannot be used against an immediate family member of the owner (spouse, child, or parent) or a person in a cohabiting relationship with the owner; the ordinary forcible entry and detainer court process, with a 3-day notice to leave, remains available. Which forcible entry and detainer ground applies to a family member depends on the facts. |
| Tenancy at will | Wyoming does not recognize implied tenancies other than a tenancy by sufferance. When a lease (written or oral) expires, there is no implied renewal: a tenant who holds over, even if the landlord accepts rent, is only a tenant by sufferance, unless a new tenancy is created by an express written contract signed by the parties. No Wyoming statute was located that sets a notice period to end a tenancy at will; forcible entry and detainer requires a 3-day notice to leave before filing. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Wyoming eviction laws · Free legal help in Wyoming · Roommate rules in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.