If any person subpoenaed as a witness fails to attend, he is guilty of contempt and shall be fined all the costs for his apprehension unless he shows reasonable cause for his failure to attend, in which case the party requiring the appearance shall pay the costs. ARTICLE 10 - FORCIBLE ENTRY AND DETAINER 1-21-1001. Jurisdiction of circuit courts. Any circuit court within the judicial district may inquire against those who make unlawful and forcible entry into lands and tenements and detain the same, or against those who, having a lawful and peaceable entry into lands or tenements, unlawfully or by force hold the same. If it is found that an unlawful and forcible entry was made and the lands or tenements are held by force, or that after a lawful entry the lands are held unlawfully, the judge shall require restitution to the complaining party. 1-21-1002. When proceedings allowed. (a) Proceedings for forcible entry and detainer may be had in any of the following cases: (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 W.S. 1-21-1204 or 1-21-1205. (b) This section shall not be construed as limiting the provisions of W.S. 1-21-1201 through 1-21-1210. 1-21-1003. Notice to quit premises required. The party desiring to commence an action for forcible entry or detainer must notify the adverse party to leave the premises involved. The notice shall be served at least three (3) days before commencing the action, by leaving a written copy with the defendant or at his usual place of abode or business if he cannot be found. 1-21-1004. Summons; service and return. The summons shall state the cause of the complaint against the defendant, the time and place of trial and shall be served and returned as in other cases. Such service shall be not less than three (3) nor more than twelve (12) days before the day of trial set by the judge. The defendant shall not be required to file a written answer to the complaint as a condition of being allowed to participate fully in the trial. 1-21-1005. Proceedings when defendant fails to appear. If the defendant does not appear in accordance with a properly served summons the circuit court shall try the action as though he were present. Before proceeding, the plaintiff shall file a complaint in which he relies in order to recover the premises. The complaint must be sustained by proof or the action dismissed. 1-21-1006. Proceedings when defendant appears. The defendant may, but is not required to, file a written answer to the plaintiff's complaint. Each party may be allowed to amend any complaint or answer the party files. 1-21-1007. Bond on granting continuance. No continuance shall be granted the defendant for longer than two (2) days unless he gives a bond to the adverse party, with good and sufficient surety approved by the circuit court, conditioned for the payment of the rent that may accrue and costs if judgment is rendered against him. 1-21-1008. Trial by judge or jury; judgment and costs. (a) If the action is not continued, the place of trial changed or if neither party demands a jury, upon the return day of the summons the circuit court shall try the action. If the circuit court concludes that the complaint is not true, the court shall enter judgment against the plaintiff for costs. If the court finds the complaint true, it shall render a general judgment in favor of the plaintiff for restitution of the premises and costs. If the court finds the complaint true in part, it shall render judgment for restitution of that part only and the costs shall be taxed as deemed equitable. (b) If the case is one based on failure to pay rent, the court shall further find the amount of rent due and payable at the time of the hearing, together with the terms and conditions of the agreement between the parties in relation to the amount and time of payment of rent. If the trial is by jury the verdict shall contain a finding of these facts and the court shall recite such findings in the docket entry of proceedings. The court, upon these findings, in addition to entering judgment for the plaintiff to have restitution, shall render judgment in accordance with the findings for the amount of rent found due, together with costs and attorney's fees as provided by the lease, and shall issue execution separate from the writ of restitution for the rent found due and costs as in other actions. 1-21-1009. Trial by jury; verdict. If a jury is demanded by either party, the proceedings shall be the same as in other cases until the empaneling thereof. If the jury finds the complaint true they shall render a general verdict against the defendant, and if untrue, a general verdict in favor of the defendant. If true in part, the verdict shall set forth the facts they find true. 1-21-1010. Judgment upon verdict. The circuit court shall enter the verdict upon the docket and render judgment thereon. 1-21-1011. Exceptions. Exceptions to the opinion of the circuit court on questions of law or evidence may be taken by either party, whether tried by a jury or the court. 1-21-1012. Writ of restitution; issuance. When a judgment of restitution is entered by a circuit court, the court shall, at the request of the plaintiff, his agent or attorney, issue a writ of restitution thereon. 1-21-1013. Writ of restitution; execution and return. Unless the defendant takes an appeal, the officer shall execute the writ of restitution within two (2) days after receiving it, Sundays excepted, by restoring the plaintiff to possession of the premises. He shall levy and collect the execution for rent and costs and make return as upon other executions. 1-21-1014. Proceedings upon stay on appeal; bond required. (a) If the officer receives notice from the circuit court that the proceedings have been stayed on appeal, he shall immediately delay all further proceedings upon execution and writ of restitution. If the premises have been restored to the plaintiff he shall immediately place the defendant in possession thereof and return the writ and execution with his proceedings and costs taxed thereon. (b) An appeal by a defendant shall not stay the proceedings on judgment unless within forty-eight (48) hours after judgment, Sundays excepted, the appellant executes and files with the court his bond to plaintiff, with two (2) or more sufficient sureties approved by the court, conditioned that the appellant will pay all costs which have accrued or may thereafter accrue and all damages which plaintiff may have sustained or may thereafter sustain in consequence of the wrongful detention of the premises during the pendency of the appeal. Upon taking the appeal and filing the bond, all further proceedings in the case shall be stayed and the appellate court shall thereafter issue all writs and processes to carry out the judgment of the appellate court. The court in which the appeal is pending may require a new bond in a larger amount, with sureties approved by the appellate court, if deemed necessary to secure the rights of the parties. 1-21-1015. Rents to be deposited on appeal. (a) In appeals from the judgment of a circuit court for rents due and payable, in addition to the bond required by W.S. 1-21-1014, the appellant shall deposit with the court the amount of rent specified in the judgment. Unless the deposit is made, the appeal is not perfected and proceedings upon the judgment shall be had accordingly. If the appeal is perfected, the court shall transmit the deposit to the clerk of the appellate court with the papers in the case. (b) Thereafter, when the rents become due, the appellant shall deposit them with the clerk of the appellate court. If at any time during the pendency of the appeal and before final judgment the appellant fails to make any deposit of rent at the time specified in the judgment appealed, the court in which such appeal is pending shall, upon such fact being made to appear, and upon motion and proof of such fact by the appellee, the appellate court shall affirm the judgment appealed from with costs. Proceedings shall thereupon be had as in like cases determined upon the merits and the rent money deposited paid to the plaintiff or his assignee upon order of the court. 1-21-1016. Ejectment not barred. The pendency of an action for forcible entry or detainer does not bar an action of ejectment. 1-21-1017. Corporate and business representation in proceedings. (a) Notwithstanding any other provision of law and subject to subsection (c) of this section, a business entity may represent itself without an attorney in any proceedings under this article that the business entity commences or is required to respond to or participate in, provided that: (i) The business entity is represented by an owner, shareholder, member or partner; (ii) The business entity owns a majority interest in the lands or tenements subject to the alleged unlawful and forcible entry; (iii) The person representing the business entity may litigate actions on behalf of the business entity without an attorney, provided that if an attorney appears on behalf of the business entity, the opposing party is entitled to a continuance for the purpose of obtaining an attorney of its own; and (iv) The business entity provides notice in writing to the court and all parties to the proceedings that it is being represented by an owner, shareholder, member or partner. The notice shall be signed by every owner, shareholder, member or partner of the business entity. (b) Notwithstanding any other provision of law or rule, any person who represents a business entity in an action or proceeding under this article in accordance with the provisions of this section shall not be deemed to have engaged in the unauthorized practice of law, provided that the person complies with the provisions of W.S. 33-5-117. (c) The provisions of this section shall not apply to any business entity that is seeking a judgment exceeding the amount specified in W.S. 1-21-201 in any action under this article. ARTICLE 11 - REPLEVIN 1-21-1101. Repealed By Laws 2005, ch. 90, § 2. 1-21-1102. Repealed by Laws 1987, ch. 198, § 4. 1-21-1103. Repealed by Laws 1987, ch. 198, § 4. 1-21-1104. Repealed by Laws 1987, ch. 198, § 4. 1-21-1105. Repealed by Laws 1987, ch. 198, § 4. 1-21-1106. Repealed by Laws 1987, ch. 198, § 4. 1-21-1107. Repealed by Laws 1987, ch. 198, § 4. 1-21-1108. Repealed by Laws 1987, ch. 198, § 4. 1-21-1109. Repealed by Laws 1987, ch. 198, § 4. 1-21-1110. Repealed by Laws 1987, ch. 198, § 4. 1-21-1111. Repealed by Laws 1987, ch. 198, § 4. 1-21-1112. Repealed by Laws 1987, ch. 198, § 4. 1-21-1113. Repealed by Laws 1987, ch. 198, § 4. 1-21-1114. Repealed by Laws 1987, ch. 198, § 4. 1-21-1115. Repealed by Laws 1987, ch. 198, § 4. 1-21-1116. Repealed by Laws 1987, ch. 198, § 4. ARTICLE 12 - RESIDENTIAL RENTAL PROPERTY 1-21-1201. Definitions. (a) As used in this article: (i) "Owner" means the owner, lessor or sublessor of a residential rental unit and for purposes of notice and other communication required or allowed under this article, "owner" includes a managing agent, leasing agent or resident manager unless the agent or manager specifies otherwise in writing in the rental agreement; (ii) "Rental agreement" means any agreement, written or oral, which establishes or modifies the terms, conditions, rules or any other provisions regarding the use and occupancy of a residential rental unit; (iii) "Renter" means any renter, lessee, tenant or other person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others; (iv) "Residential rental unit" means a renter's principal place of residence and includes the appurtenances, grounds, common areas and facilities held out for the occupancy of the residential renter generally and any other area or facility provided to the renter in the rental agreement, excluding a mobile home lot or recreational property rented on an occasional basis; (v) "Termination" means the lawful ending or cessation of a rental agreement for any reason including expiration of the rental period, voluntary termination by mutual agreement of the parties, termination in accordance with W.S. 1-21-1203(d), abandonment of the leased premises by the renter prior to expiration of the rental period or termination resulting from court order. 1-21-1202. Duties of owners and renters; generally. (a) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a safe and sanitary condition fit for human habitation. Each residential rental unit shall have operational electrical, heating and plumbing, with hot and cold running water unless otherwise agreed upon in writing by both parties. Provided, however, this section shall not prevent the rental of seasonal rental units such as summer cabins which are not intended to have such amenities. (b) Each renter shall cooperate in maintaining his residential rental unit in accordance with this article. (c) This article does not apply to breakage, malfunctions or other conditions which do not materially affect the physical health or safety of the ordinary renter. (d) Any duty or obligation in this article may be assigned to a different party or modified by explicit written agreement signed by the parties. 1-21-1203. Owner's duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited. (a) To protect the physical health and safety of the renter, each owner shall: (i) Not rent the residential rental unit unless it is reasonably safe, sanitary and fit for human occupancy; (ii) Maintain common areas of the residential rental unit in a sanitary and reasonably safe condition; (iii) Maintain electrical systems, plumbing, heating and hot and cold water; and (iv) Maintain other appliances and facilities as specifically contracted in the rental agreement. (b) If the renter is current on all payments required by the rental agreement and has reasonable cause supported by evidence to believe the residential rental unit does not comply with the standards for health and safety required under this article, the renter shall advise the owner in writing of the condition and specify the remedial action the renter requests be taken by the owner. Within a reasonable time after receipt of this notice, the owner shall either commence action to correct the condition of the residential rental unit or notify the renter in writing that the owner disputes the renter's claim. The notices required by this subsection shall be served by certified mail or in the manner specified by W.S. 1-21-1003. (c) The owner shall not be required to correct or remedy any condition caused by the renter, the renter's family or the renter's guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it. (d) The owner may refuse to correct the condition of the residential rental unit and terminate the rental agreement if the costs of repairs exceeds an amount which would be reasonable in light of the rent charged, the nature of the rental property or rental agreement. If the owner refuses to correct the condition and intends to terminate the rental agreement, he shall notify the renter in writing within a reasonable time after receipt of the notice of noncompliance and shall provide the renter with sufficient time to find substitute housing, which shall be no less than ten (10) days nor more than twenty (20) days from the date of the notice. If the rental agreement is terminated, the rent paid shall be prorated to the date the renter vacates the unit and any balance shall be refunded to the renter along with any deposit due in accordance with W.S. 1-21-1208. (e) The owner is not liable under this article for claims for mental suffering or anguish. 1-21-1204. Renter's duties. (a) Each renter shall: (i) Maintain the residential rental unit occupied in a clean and safe condition and not unreasonably burden any common area; (ii) Dispose of all garbage and other waste in a clean and safe manner; (iii) Maintain all plumbing fixtures in a condition as sanitary as the fixtures permit; (iv) Use all electrical, plumbing, sanitary, heating and other facilities and appliances in a reasonable manner; (v) Occupy the residential rental unit in the manner for which it was designed and shall not increase the number of occupants above that specified in the rental agreement without written permission of the owner; (vi) Be current on all payments required by the rental agreement; (vii) Comply with all lawful requirements of the rental agreement between the owner and the renter; and (viii) Remove all property and garbage either owned or placed within the residential rental unit by the renter or his guests prior to termination of the rental agreement and clean the rental unit to the condition at the beginning of the rental agreement. 1-21-1205. Prohibited acts by renter. (a) No renter shall: (i) Intentionally or negligently destroy, deface, damage, impair or remove any part of the residential rental unit or knowingly permit any person to do so; (ii) Interfere with another person's peaceful enjoyment of the residential property; or (iii) Unreasonably deny access to, refuse entry to or withhold consent to enter the residential rental unit to the owner, agent or manager for the purpose of making repairs to or inspecting the unit, and showing the unit for rent or sale. 1-21-1206. Renter's remedies; notice to owner or agent; judicial remedy; rights under termination of rental agreement. (a) The remedies set forth in this section are available to a renter in compliance with all provisions of W.S. 1-21-1204 and 1-21-1205 when the rental agreement has not been lawfully terminated pursuant to W.S. 1-21-1203(d). (b) If a reasonable time has elapsed after the renter has served written notice on the owner under W.S. 1-21-1203 and the owner has failed to respond or to correct the condition described in the notice, the renter may cause a "notice to repair or correct condition" to be prepared and served on the owner by certified mail or in the manner specified by W.S. 1-21-1003. This notice shall: (i) Recite the previous notice served under W.S. 1-21-1203(b); (ii) State the number of days that have elapsed since the notice was served and that under the circumstances the period of time constitutes the reasonable time allowed under W.S. 1-21-1203(b); (iii) State the conditions included in the previous notice which have not been corrected; (iv) Demand that the uncorrected conditions be corrected; and (v) State that if the owner fails to commence reasonable corrective action within three (3) days he will seek redress in the courts. (c) If the owner has not corrected or used due diligence to correct the conditions following notice under this section, or if the owner has notified the renter that the claim is disputed, the renter may commence a civil action in circuit court. The court shall endorse on the summons the number of days within which the owner is required to appear and defend the action, which shall not be less than three (3) nor more than twenty (20) days from the date of service. Upon a showing of an unreasonable refusal to correct or the failure to use due diligence to correct a condition described in this article, the renter may be awarded costs, damages and affirmative relief as determined by the court. Damages awarded to the renter may include rent improperly retained or collected. Affirmative relief may include a declaration terminating the rental agreement, or an order directing the owner to make reasonable repairs. (d) If the court terminates the rental agreement pursuant to subsection (c) of this section, the renter is entitled to receive a refund of the balance of the rent and the deposit on the rental unit within thirty (30) days of the date the agreement is ordered terminated. The renter shall be required to vacate the rental unit no sooner than ten (10) days nor later than twenty (20) days after termination of the rental agreement by a court. 1-21-1207. Required notice of nonrefundable deposit. Any rental agreement shall state whether any portion of a deposit is nonrefundable and written notice of this fact shall also be provided to the renter at the time the deposit is taken by the owner or his designated agent. 1-21-1208. Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty. (a) Upon termination of the rental agreement, property or money held as a deposit may be applied by the owner or his agent to the payment of accrued rent, damages to the residential rental unit beyond reasonable wear and tear, the cost to clean the unit to the condition at the beginning of the rental agreement and to other costs provided by any contract. The balance of any deposit and prepaid rent and a written itemization of any deductions from the deposit together with reasons therefor, shall be delivered or mailed without interest to the renter within thirty (30) days after termination of the rental agreement or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later. If there is damage to the residential rental unit, this period shall be extended by thirty (30) days. The renter shall within thirty (30) days of termination of the rental agreement, notify the owner or designated agent of the location where payment and notice may be made or mailed. (b) After termination of the rental agreement, property or money held and separately identified as a utilities deposit shall be refunded by the owner to the renter within ten (10) days of a satisfactory showing that all utility charges incurred by the renter have been paid. Absent such showing within forty- five (45) days of termination, the owner shall within fifteen (15) days thereafter, apply the utilities deposit to the outstanding utility debt incurred by the renter. Any refund due to the renter shall be paid within seven (7) days after the utility deposit has been applied to the renter's utility debt, or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later. (c) If the owner of a residential rental unit or his agent unreasonably fails to comply with subsection (a) or (b) of this section, the renter may recover the full deposit and court costs. In an action by a renter pursuant to this section, if the owner is the prevailing party and the court finds the renter acted unreasonably in bringing the action, the owner may be awarded court costs in addition to any other relief available. 1-21-1209. Holder of owner's interest bound by provisions. The holder of the interest of the owner or designated agent in the residential rental unit at the time of termination of the rental agreement shall be bound by the provisions of W.S. 1-21-1207 and 1-21-1208. 1-21-1210. Possession of premises and disposition of personal property abandoned by renter after termination of rental agreement. (a) Upon regaining lawful possession of the rental unit following termination of the rental agreement, the owner may immediately dispose of any trash or property the owner reasonably believes to be hazardous, perishable or valueless and abandoned. Any property remaining within the rental unit after termination of the rental agreement shall be presumed to be both valueless and abandoned. Any valuable property may be removed from the residential rental unit and shall thereafter be disposed of as follows: (i) The owner shall provide written notice to the renter in accordance with this paragraph, describing the property claimed to be abandoned and stating that the property shall be disposed of after seven (7) days from the date of service of the notice if the renter or his agent does not, within the seven (7) day period, take possession of the property or notify the owner in writing of the renter's intent to take possession of the property. The notice provided by the owner under this paragraph shall be deemed served: (A) On the date the notice is mailed by certified mail to the renter at an address furnished to the owner by the renter in writing specifically for this purpose; (B) On the date notice is served on the renter in accordance with Rule 4 of the Wyoming Rules of Civil Procedure provided a copy of the written notice is delivered to the individual renter personally; or (C) On the date the notice is published in a newspaper published in the county or widely circulated in the county where the residential rental unit is located. (ii) If the owner does not receive a written response from the renter within seven (7) days after service of notice under paragraph (i) of this subsection, the property shall be conclusively deemed abandoned and the owner may retain or dispose of the property; (iii) If the renter responds in writing to the owner on or before seven (7) days after service of notice under paragraph (i) of this subsection that he intends to take possession of the property, the property shall be held for an additional period of seven (7) days after the written response is received. If the renter fails to take possession of the property within the additional fifteen (15) day period, the property shall be conclusively deemed abandoned and the owner may retain or dispose of the property. (b) The owner is entitled to payment of storage costs for the period the property remains in safekeeping plus the cost of removal of the property to the place of storage. An owner shall be allowed reasonable storage costs if he stores the property himself or actual storage costs if the property is stored commercially. Payment of storage costs shall be made before the renter removes the property. (c) The owner is not responsible for any loss to the renter resulting from storage. 1-21-1211. Owner's remedies; eviction; judicial remedies; damages. (a) If the renter does not vacate the premises as required by a court order issued pursuant to W.S. 1-21-1001 et seq., the sheriff may remove the renter's possessions and prevent the renter from reentering the premises without further action by the court. (b) If the renter damages the rental property, the owner may apply any property or money held as a deposit to the payment of damages as provided in W.S. 1-21-1208(a) and the renter shall remain liable for any damages beyond the damages paid by the deposit, plus interest at ten percent (10%) per annum on any unpaid amounts. The owner may take any legal action available to recover damages caused to the unit by the renter. ARTICLE 13 - WYOMING SAFE HOMES ACT 1-21-1301. Short title. This act shall be known and may be cited as the "Wyoming Safe Homes Act." 1-21-1302. Definitions. (a) As used in this act: (i) "Domestic abuse" means as defined in W.S. 35-21-102(a)(iii); (ii) "Landlord" means the owner of a building or the owner's agent with regard to matters concerning the landlord's renting or leasing of a dwelling; (iii) "Sexual violence" means any act of sexual assault, sexual abuse or stalking of an adult or minor, including any nonconsensual sexual contact or intrusion as those terms are defined in the Wyoming Criminal Code; (iv) "Tenant" means a person who has entered into an oral or written lease with a landlord whereby the person is the lessee under the lease; (v) "This act" means W.S. 1-21-1301 through 1-21-1304. 1-21-1303. Breach of lease; recovery of rent; affirmative defense. (a) In any action brought by a landlord against a tenant to recover rent for breach of lease, the tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord and covered by the lease, if by a preponderance of the evidence, the court finds that: (i) At the time the tenant vacated the premises, the tenant or a member of the tenant's household was under a credible imminent threat of domestic abuse or sexual violence at the premises, as demonstrated by medical, court or police evidence of domestic abuse or sexual violence; and (ii) The tenant gave seven (7) days written notice to the landlord prior to vacating the premises stating that the reason for vacating the premises was because of a credible imminent threat of domestic abuse or sexual violence against the tenant or a member of the tenant's household. (b) In any action brought by a landlord against a tenant to recover rent for breach of lease, the tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord and covered by the lease, if by a preponderance of the evidence, the court finds that: (i) The tenant or a member of the tenant's household was a victim of domestic abuse or sexual violence on the premises that are owned or controlled by the landlord and the tenant has vacated the premises as a result of the sexual violence; (ii) The tenant gave seven (7) days written notice to the landlord prior to vacating the premises stating that the reason for vacating the premises was because of the domestic abuse or sexual violence against the tenant or a member of the tenant's household, the date of the sexual violence, and that the tenant provided medical, court or police evidence of domestic abuse or sexual violence to the landlord supporting the claim of domestic abuse or sexual violence; and (iii) The domestic abuse or sexual violence occurred not more than sixty (60) days prior to the date of giving the written notice to the landlord, or if circumstances are such that the tenant could not reasonably give notice within that time period because of reasons related to the domestic abuse or sexual violence, including, but not limited to, hospitalization or seeking assistance for shelter or counseling, then as soon thereafter as practicable. (c) A landlord may not terminate a tenancy based solely on the tenant's or applicant's or a household member's status as a victim of domestic abuse or sexual violence. This subsection does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge. (d) Nothing in this act shall be construed to be a defense against: (i) An action for recovery of rent for the period of time before the tenant vacated the landlord's premises and gave notice to the landlord as required in this section; or (ii) Forcible entry and detainer for failure to pay rent before the tenant gave notice to the landlord as required in this section and vacated the premises. 1-21-1304. Prohibition of waiver or modification. The provisions of this act shall not be waived or modified in any lease or separate agreement between a landlord and tenant. ARTICLE 14 - REMOVAL OF UNAUTHORIZED OCCUPANTS 1-21-1401. Definitions. (a) As used in this article: (i) "Immediate family member" means a spouse, child or parent; (ii) "Law enforcement" means the sheriff, the sheriff's deputies or peace officers of a city or town; (iii) "Owner" means the owner of a residential dwelling; (iv) "Residential dwelling" means a dwelling or property, real or otherwise, that serves as a place of residence or other facilities held out for the occupancy of a person. "Residential dwelling" includes real property where a dwelling or other residential facility is located; (v) "Unauthorized person" means a person who is not authorized to maintain presence or residency in a residential dwelling. 1-21-1402. Limited alternative remedy for removal of unauthorized persons from residential property. (a) An owner or the owner's authorized agent may request from law enforcement in the county where the property is located the immediate removal of any person unlawfully occupying or possessing the owner's residential dwelling if all of the following conditions are met: (i) The person requesting the removal is the residential dwelling owner or the owner's authorized agent; (ii) The unauthorized person for whom removal has been requested has unlawfully entered and remains or continues to reside in the owner's residential dwelling; (iii) There is no known pending litigation related to the residential dwelling between the owner and any known unauthorized person; (iv) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent; (v) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner. (b) To request the immediate removal of an unauthorized person who is occupying a residential dwelling, the owner or the owner's authorized agent shall submit to law enforcement of the county where the residential dwelling is located a complaint for the removal of the unauthorized person. The complaint shall include, at a minimum, that: (i) The person is the owner or the owner's authorized agent for the residential dwelling; (ii) An unauthorized person has unlawfully entered and is remaining or residing unlawfully in the residential dwelling; (iii) The unauthorized person sought to be removed is not an owner or co-owner of the residential dwelling and has not been listed on title to the property unless the person has engaged in title fraud; (iv) There is no known litigation related to the property that is pending between the owner and any person sought to be removed; (v) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent; (vi) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner; (vii) The owner acknowledges that an unauthorized person removed from the property or dwelling under this section may bring a cause of action against the owner for any false statements made in the complaint, or for wrongfully using this procedure, and that as a result of this action, the owner may be held liable for actual damages, penalties, costs and reasonable attorney fees; (viii) The owner is requesting law enforcement to immediately remove the unauthorized person from the residential dwelling; (ix) A copy of the owner's valid government-issued identification or a copy of documents authorizing the owner's authorized agent to act on the owner's behalf is included; (x) The information contained in the complaint is true and correct and that the complaint is submitted under penalty of perjury. (c) Upon receipt of a complaint under this section, law enforcement shall verify that the person who submitted the complaint is the record owner of the residential dwelling or the authorized agent of the owner and that the person is entitled to relief under this section. If law enforcement is unable to verify that the person who submitted the complaint is the record owner of the residential dwelling and is entitled to relief under this section, law enforcement shall have no obligation to provide notice and vacate the residential dwelling as provided in subsection (d) of this section. (d) Upon verification under subsection (c) of this section, law enforcement shall, without delay, provide notice to immediately vacate to all unauthorized persons occupying the residential dwelling and shall put the owner in possession of the residential dwelling. Notice may be accomplished by hand delivery of the notice to the unauthorized occupant or by posting the notice on the front door or entrance of the residential dwelling. Law enforcement shall also attempt to verify the identities of all persons occupying the residential dwelling and shall document the identities. If appropriate, law enforcement may arrest any person found in the residential dwelling for trespass, outstanding warrants or any other legal cause. 1-21-1403. Vacation of unauthorized persons; cause of action for wrongful removal. (a) After law enforcement provides notice to immediately vacate, the owner or the owner's authorized agent may request that law enforcement stand by to keep the peace while the owner or agent changes the locks and removes the personal property of the unauthorized person from the premises to or near the property line. (b) Law enforcement shall not be liable to the unauthorized person or any other party for the loss, destruction or damage of property removed under this section. The owner or the owner's authorized agent shall not be liable to an unauthorized person or any other party for the loss, destruction or damage to any removed personal property unless the removal was wrongful or unless the personal property is wantonly destroyed or damaged. (c) A person may bring a civil cause of action against an owner or the owner's authorized agent for wrongful removal. A person harmed by a wrongful removal under this article may be restored to possession of the residential dwelling and may recover: (i) Actual costs and damages incurred; (ii) Statutory damages equal to triple the fair market value of renting the residential dwelling during the period of wrongful removal; (iii) Court costs; (iv) Reasonable attorney fees. (d) Nothing in this article shall be construed to limit: (i) The rights of an owner; (ii) The authority of any peace officer to arrest an unauthorized person for trespassing, vandalism, theft or any other criminal offense; (iii) Remedies available under title 1, chapter 21 of the Wyoming statute or any other provision of law. CHAPTER 22 - ADOPTION
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