We have discussed before, here on the appellate blog, the importance of becoming familiar with the law of other states in understanding your own state laws better so that you can better advise clients in civil litigation and appellate matters. We tend to concentrate on Florida laws, simply because we practice in Florida. But, we never forget to look at how other states might affect our understanding of Florida laws and rules. Today we are featuring a great guide on wyoming eviction laws and how they work. This could prove helpful to business litigators and real estate attorneys alike by expanding your knowledge of other states’ laws to give you a greater perspective.
Many firms get so focused on Florida laws, even when involved with national legal issues, that they miss out on the big picture strategy or fail to notice that some of the same principles are used across the country. By paying attention to the laws of other states, Florida legal counsel can be leaders in the field who provide more comprehensive options to their customers and clients that Florida firms tend to leave to others who may be experienced in the area, but who don’t know the Florida laws as well.
Landlord / tenant laws are an area of practice that has some general aspects that may apply in Florida and many other states. The process or remedy for dealing with a tenant that is not paying rent is pretty much the same in every state on some of the basic levels. The process includes:
In Wyoming, the landlord can choose either a non-judicial or judicial eviction process. In the non-judicial process, the landlord only gives the tenant a 7-day notice before they are to vacate the property. For the judicial process, the landlord must file a case within the local District Court. There is a hearing, and the parties may be represented by attorneys if they choose. The landlord must file a certificate of service with the court to show that all legal processes were served according to the law. A judgment is then entered by the judge in the case depending upon what the court decides in the motions. The time frame for which landlords are required to give tenants depends on circumstances of the eviction. Tenants who do not give a notice to vacate are at risk of having a warrant issued for eviction.
Depending on the reasons for eviction, a landlord may seek either seizure of the property or damages. In order to obtain either one, the landlord must present to the court enough evidence to get a judgment for possession of the property. This may include letters showing nonpayment of rent, complaints from other tenants, or instances of damage to the property.
Some states have a very lengthy process that can take months for a determination of whether the eviction was valid. Other states have a very short time frame between the landlord’s initial notice and what can happen, including seizure. In most cases, this will depend on the severity and circumstances surrounding the eviction.
Like in Florida, Wyoming’s lower courts have extensive paperwork that must be filled out and time frames that must be adhered to in order to avoid having an appeal automatically dismissed by the appellate court. Lawyers must file correct documents with the appellate court or risk causing their client to lose out on an appeal being heard to determine if the lower court was correct in their determinations, including for or against an eviction.
For more information on eviction processes, you can visit Wikipedia.