COVID-19 Updates & Information
As the severity of the COVID-19 pandemic continues to increase with each passing day, Day & Night Process Serving is working diligently to provide crucial information and updates as they come down the line. We have partnered with attorney Bruce Asay and ALG Law to ensure we are offering the best information and providing our valued clients and landlords with viable options for protecting your real property investments and maintaining your financial stability until we can return to a state of normalcy.
Below you will find some valuable resources to assist you with; a rental deferral for any tenants requesting relief due to lay offs or having been financially affected by the corona virus. Links for federal grants to assist you with mortgage payments and other types of grants, loans, mortgage forbearance, etc. Contact your financial institution or lender to discuss forbearance and other options being offered at this time.
If you have any questions or need additional information please contact Day & Night directly. If you have legal questions or need assistance with an eviction, please contact ALG Law as they have implemented a court approved process for obtaining an eviction before the August 3rd (postponed from May 31st) date passed down by the Supreme Court.
Please check back frequently for new updates and resources. We will update our clients as we receive new information.
We are doing everything we can to support our community and protect our Landlords and property owners. Everyone stay well and stay informed.
UPDATE AUGUST 18, 2021: As of August 3rd, 2021, the Biden administration issued a new executive order going along with the CDC guidelines to extend the moratorium through the end of October, 2021. Several US District Court Judges have deemed this unconstitutional, however, nothing has been done to date to stop or revoke the orders. Currently the moratorium is in place for counties that are seeing a surge in covid-19 cases. It is still unknown if this effects Wyoming or not. We are still seeing evictions for unpaid rents move through the Laramie County Circuit Court, especially if the tenants have not made their best effort to obtain ERAP funding or any other rental assistance funding available at this time. You are still, and have always been able to, evict tenants for any lease violations. The moratorium ONLY APPLIES TO UNPAID RENTS, if there are lease violations we can evict on those grounds.
We encourage you to continue with your evictions and continue protecting your rental units and investment properties.
Another important note, after a recent eviction proceeding in front of a Circuit Court Judge and after that ruling, we are advising that every notice to quit that is served should contain the new covid-19 mini-miranda. You can find this updated NTQ on our FORMS page. If you have questions relating to the mini-miranda, the new moratorium, or are in need of legal advise relating to evicting tenants during the moratorium, feel free to contact ALG Law for additional info.
UPDATE MAY 27, 2021: There has been another update relating to landlord tenant matters and evictions procedures. Going forward, and dating back to May 6th, 2021, we have been advised to use the new covid-19 mini miranda to inform tenants of their rights under the new laws relating to the covid-19 relief acts that have been passed. You can find the new NTQ form on our Forms page or linked here below.
Updated NTQ w/Mini Miranda for Covid-19
UPDATE APRIL 20, 2021: As we patiently await the release of the ERAP applications through DFS, Day & Night wanted to provide an update for our landlords. As it stands, the eviction moratorium has been extended through the end of June, 2021. The ERAP application was originally said to be released by April 1st, 2021; as of today, it has still not been released. We have been advised that there may be additional incentive to those landlords that allow tenants this time to await funds through ERAP; we are awaiting specifics as to what those "incentives" will actually be.
Below you will find the link to the ERAP web page through DFS. Here you can sign up for automatic email updates and find helpful information.
PLEASE BE ADVISED: You must be enrolled as a Vendor with the State of Wyoming as the treasury department will be issuing funds to landlords. This includes providing a current W9 and a voided check which should be mailed to:
Department of Family Services
Vendor Enrollment
2300 Capitol Avenue, 3rd Floor Hathaway
Cheyenne, WY 82002
https://dfs.wyo.gov/assistance-programs/home-utilities-energy-assistance/emergency-rental-assistance-program-erap/
UPDATE FEBRUARY 7, 2021: The link below is a link to a survey issued by 211 to gather information and opinions on what our community would like to see done with the additional covid-19 relief funds, as provided by the most recent covid-19 relief aid bill. These funds are to be used for housing and rental assistance purposes. Please complete the survey as soon as possible. We would like to see our landlords and property owners sharing their voice and opinions as this affects all of us and the housing issues currently present in Cheyenne and across Wyoming.
UPDATE DECEMBER 29, 2020: This update follows the new covid-19 relief package that was signed on the evening of December 27th, 2020. The new relief package extends the moratorium on foreclosures and evictions through the 31st of January, 2020.
Please be advised that you CAN FILE AN EVICTION. We have heard from a lot of landlords that think they cannot serve a NTQ or evict a tenant for non-payment of rents. You most definitely can still file an FED to evict a tenant(s) even if it is for non-payment of rents alone. It is the tenant's responsibility to provide the CDC Affidavit to the Court at the hearing, it is also the tenant's responsibility to prove to the landlord and to the Court that they have complied with the stipulations of the CDC Affidavit. This means, the Court is allowing the landlord to request verification that the tenant has exhausted all available options for obtaining funding. This includes the following:
-Applying with the WCDA for Covid-19 Relief Funds
-Applying with Cheyenne Housing Authority & any other available low income or emergency housing options.
-Contacting churches & other foundations providing rental assistance.
-Calling 211 to obtain all available resources.
- Applying for housing through Cheyenne Housing Authority.
-Contacting HUD, (visit their website www.hud.gov/covid for more information) and applying.
-Wyoming Community Action
These are only a number of options out there for tenants. All of these options require that the tenant provide income verification, a letter from their previous or current employer to confirm loss of wages due to covid, and they will not approve tenants that were not affected by the pandemic.
*You can evict for lease violations, regardless of a CDC Affidavit, or covid restrictions. Tenants that violate their lease agreement for anything other than rents owed can and will be evicted for the lease violations. ALG Law has seen many evictions completed with a Writ of Restitution finalized by the Sheriff's office by proving the tenant did not comply with the CDC Affidavit so if you are in need of an eviction proceeding, do not wait! Have Day & Night serve your NTQ immediately and get the process going.
UPDATE SEPT. 10, 2020: In light of the CDC Order issued and effective September 4th, 2020, we have confirmed with Attorney, Bruce Asay and ALG Law, that the following is applies:
You may continue to evict your tenants (even for unpaid rents), it is the responsibility of the tenant to provide the CDC Affidavit to the Court at the time of the FED hearing. If the affidavit is not provided, the tenant will be evicted pursuant to Wyoming Statute. If the affidavit is provided, the Court will request proof that the tenants have complied with the provisions of the affidavit (affidavit link below). As a Landlord, you maintain the right to evict any tenant that is in violation of the lease; damage to property, unauthorized tenants, violation of rules & regulations, etc. If you are evicting for lease violation and it does not involve rents owed, you can proceed and the CDC Affidavit does not apply. We encourage all of our Landlords to serve the NTQ immediately as we never know if things will change from day to day. File the FED as soon as the NTQ expires and proceed with the eviction even if the tenant is claiming they've been effected by Covid-19. The CDC Affidavit stipulates that the tenant must affirm they have exhausted all efforts and resources in order to pay their rent, that they must make every effort to pay their rent (even partial payments) and affirm that they are unemployed and not receiving income or that their income isn't enough to cover rent (this includes part time employment, unemployment insurance, SSI, etc).
This new Order can make the eviction process more difficult, however, it has been our experience that the Court and the Circuit Court Judges are being very supportive of our Landlords and understand that the tenants that are actually making an effort, even if they can't pay rent, are typically not those being evicted; but instead, the tenants being evicted are those trying to take advantage of the system.
Please contact our office or ALG Law with any questions you have or to begin an eviction. We want to make sure our Landlords know you CAN evict tenants, there is not an actual moratorium disallowing evictions, only restrictions on the eviction process for those tenants who truly are making their best efforts and are still unable to pay and will become homeless if they are evicted.
WCDA Application (Covid Relief Funds)
UPDATE JUNE 3, 2020: The Laramie County Circuit Court has formulated a new process to allow for in person hearings once again.
Beginning JUNE 15TH, 2020 they will "require Plaintiff to submit an affidavit swearing the matter falls outside of the CARES act." This means all federally funded or subsidized Landlords will still be required to comply with the CARES act and their own regulations set forth by their organization. For all privately owned, non-subsidized property owners & Landlords, you will be able to post your Notice to Quit in accordance with Wyoming Statute, no longer requiring a tenant's consent to the telephone hearing.
Day & Night is now back to posting the NTQ and Landlords/Attorneys can begin filing FEDs for in person hearings beginning June 15th. Important information:
You CAN file an FED for non-payment of rents!
The Defendant/tenant and the Landlords will still be given the option to appear by phone or in person. If you'd like to appear by phone.
COVID 19 Links Below:
Lease Addendum & Deferral of Rents Document
The Small Business Owner's Guide to the CARES Act:
https://www.sbc.senate.gov/public/_cache/files/9/7/97ac840c-28b7-4e49-b872-d30a995d8dae/F2CF1DD78E6D6C8C8C3BF58C6D1DDB2B.small-business-owner-s-guide-to-the-cares-act-final-.pdf
The CARES Act:
https://www.congress.gov/bill/116th-congress/senate-bill/3548/text
For legal questions and eviction needs contact Bruce Asay or Morgan Porter at ALG Law at:
Phone: (307) 632-2888
[email protected]
[email protected]
PLEASE VISIT OUR FORMS PAGE FOR ESSENTIAL LANDLORD-TENANT DOCUMENTS
Location:
PO Box 21015
Cheyenne, WY 82003
Hours:
Mon - Fri: 9AM - 5PM
Sat: 10AM - 5PM
Sun: Closed
As the severity of the COVID-19 pandemic continues to increase with each passing day, Day & Night Process Serving is working diligently to provide crucial information and updates as they come down the line. We have partnered with attorney Bruce Asay and ALG Law to ensure we are offering the best information and providing our valued clients and landlords with viable options for protecting your real property investments and maintaining your financial stability until we can return to a state of normalcy.
Below you will find some valuable resources to assist you with; a rental deferral for any tenants requesting relief due to lay offs or having been financially affected by the corona virus. Links for federal grants to assist you with mortgage payments and other types of grants, loans, mortgage forbearance, etc. Contact your financial institution or lender to discuss forbearance and other options being offered at this time.
If you have any questions or need additional information please contact Day & Night directly. If you have legal questions or need assistance with an eviction, please contact ALG Law as they have implemented a court approved process for obtaining an eviction before the August 3rd (postponed from May 31st) date passed down by the Supreme Court.
Please check back frequently for new updates and resources. We will update our clients as we receive new information.
We are doing everything we can to support our community and protect our Landlords and property owners. Everyone stay well and stay informed.
UPDATE AUGUST 18, 2021: As of August 3rd, 2021, the Biden administration issued a new executive order going along with the CDC guidelines to extend the moratorium through the end of October, 2021. Several US District Court Judges have deemed this unconstitutional, however, nothing has been done to date to stop or revoke the orders. Currently the moratorium is in place for counties that are seeing a surge in covid-19 cases. It is still unknown if this effects Wyoming or not. We are still seeing evictions for unpaid rents move through the Laramie County Circuit Court, especially if the tenants have not made their best effort to obtain ERAP funding or any other rental assistance funding available at this time. You are still, and have always been able to, evict tenants for any lease violations. The moratorium ONLY APPLIES TO UNPAID RENTS, if there are lease violations we can evict on those grounds.
We encourage you to continue with your evictions and continue protecting your rental units and investment properties.
Another important note, after a recent eviction proceeding in front of a Circuit Court Judge and after that ruling, we are advising that every notice to quit that is served should contain the new covid-19 mini-miranda. You can find this updated NTQ on our FORMS page. If you have questions relating to the mini-miranda, the new moratorium, or are in need of legal advise relating to evicting tenants during the moratorium, feel free to contact ALG Law for additional info.
UPDATE MAY 27, 2021: There has been another update relating to landlord tenant matters and evictions procedures. Going forward, and dating back to May 6th, 2021, we have been advised to use the new covid-19 mini miranda to inform tenants of their rights under the new laws relating to the covid-19 relief acts that have been passed. You can find the new NTQ form on our Forms page or linked here below.
Updated NTQ w/Mini Miranda for Covid-19
UPDATE APRIL 20, 2021: As we patiently await the release of the ERAP applications through DFS, Day & Night wanted to provide an update for our landlords. As it stands, the eviction moratorium has been extended through the end of June, 2021. The ERAP application was originally said to be released by April 1st, 2021; as of today, it has still not been released. We have been advised that there may be additional incentive to those landlords that allow tenants this time to await funds through ERAP; we are awaiting specifics as to what those "incentives" will actually be.
Below you will find the link to the ERAP web page through DFS. Here you can sign up for automatic email updates and find helpful information.
PLEASE BE ADVISED: You must be enrolled as a Vendor with the State of Wyoming as the treasury department will be issuing funds to landlords. This includes providing a current W9 and a voided check which should be mailed to:
Department of Family Services
Vendor Enrollment
2300 Capitol Avenue, 3rd Floor Hathaway
Cheyenne, WY 82002
https://dfs.wyo.gov/assistance-programs/home-utilities-energy-assistance/emergency-rental-assistance-program-erap/
UPDATE FEBRUARY 7, 2021: The link below is a link to a survey issued by 211 to gather information and opinions on what our community would like to see done with the additional covid-19 relief funds, as provided by the most recent covid-19 relief aid bill. These funds are to be used for housing and rental assistance purposes. Please complete the survey as soon as possible. We would like to see our landlords and property owners sharing their voice and opinions as this affects all of us and the housing issues currently present in Cheyenne and across Wyoming.
UPDATE DECEMBER 29, 2020: This update follows the new covid-19 relief package that was signed on the evening of December 27th, 2020. The new relief package extends the moratorium on foreclosures and evictions through the 31st of January, 2020.
Please be advised that you CAN FILE AN EVICTION. We have heard from a lot of landlords that think they cannot serve a NTQ or evict a tenant for non-payment of rents. You most definitely can still file an FED to evict a tenant(s) even if it is for non-payment of rents alone. It is the tenant's responsibility to provide the CDC Affidavit to the Court at the hearing, it is also the tenant's responsibility to prove to the landlord and to the Court that they have complied with the stipulations of the CDC Affidavit. This means, the Court is allowing the landlord to request verification that the tenant has exhausted all available options for obtaining funding. This includes the following:
-Applying with the WCDA for Covid-19 Relief Funds
-Applying with Cheyenne Housing Authority & any other available low income or emergency housing options.
-Contacting churches & other foundations providing rental assistance.
-Calling 211 to obtain all available resources.
- Applying for housing through Cheyenne Housing Authority.
-Contacting HUD, (visit their website www.hud.gov/covid for more information) and applying.
-Wyoming Community Action
These are only a number of options out there for tenants. All of these options require that the tenant provide income verification, a letter from their previous or current employer to confirm loss of wages due to covid, and they will not approve tenants that were not affected by the pandemic.
*You can evict for lease violations, regardless of a CDC Affidavit, or covid restrictions. Tenants that violate their lease agreement for anything other than rents owed can and will be evicted for the lease violations. ALG Law has seen many evictions completed with a Writ of Restitution finalized by the Sheriff's office by proving the tenant did not comply with the CDC Affidavit so if you are in need of an eviction proceeding, do not wait! Have Day & Night serve your NTQ immediately and get the process going.
UPDATE SEPT. 10, 2020: In light of the CDC Order issued and effective September 4th, 2020, we have confirmed with Attorney, Bruce Asay and ALG Law, that the following is applies:
You may continue to evict your tenants (even for unpaid rents), it is the responsibility of the tenant to provide the CDC Affidavit to the Court at the time of the FED hearing. If the affidavit is not provided, the tenant will be evicted pursuant to Wyoming Statute. If the affidavit is provided, the Court will request proof that the tenants have complied with the provisions of the affidavit (affidavit link below). As a Landlord, you maintain the right to evict any tenant that is in violation of the lease; damage to property, unauthorized tenants, violation of rules & regulations, etc. If you are evicting for lease violation and it does not involve rents owed, you can proceed and the CDC Affidavit does not apply. We encourage all of our Landlords to serve the NTQ immediately as we never know if things will change from day to day. File the FED as soon as the NTQ expires and proceed with the eviction even if the tenant is claiming they've been effected by Covid-19. The CDC Affidavit stipulates that the tenant must affirm they have exhausted all efforts and resources in order to pay their rent, that they must make every effort to pay their rent (even partial payments) and affirm that they are unemployed and not receiving income or that their income isn't enough to cover rent (this includes part time employment, unemployment insurance, SSI, etc).
This new Order can make the eviction process more difficult, however, it has been our experience that the Court and the Circuit Court Judges are being very supportive of our Landlords and understand that the tenants that are actually making an effort, even if they can't pay rent, are typically not those being evicted; but instead, the tenants being evicted are those trying to take advantage of the system.
Please contact our office or ALG Law with any questions you have or to begin an eviction. We want to make sure our Landlords know you CAN evict tenants, there is not an actual moratorium disallowing evictions, only restrictions on the eviction process for those tenants who truly are making their best efforts and are still unable to pay and will become homeless if they are evicted.
WCDA Application (Covid Relief Funds)
UPDATE JUNE 3, 2020: The Laramie County Circuit Court has formulated a new process to allow for in person hearings once again.
Beginning JUNE 15TH, 2020 they will "require Plaintiff to submit an affidavit swearing the matter falls outside of the CARES act." This means all federally funded or subsidized Landlords will still be required to comply with the CARES act and their own regulations set forth by their organization. For all privately owned, non-subsidized property owners & Landlords, you will be able to post your Notice to Quit in accordance with Wyoming Statute, no longer requiring a tenant's consent to the telephone hearing.
Day & Night is now back to posting the NTQ and Landlords/Attorneys can begin filing FEDs for in person hearings beginning June 15th. Important information:
You CAN file an FED for non-payment of rents!
The Defendant/tenant and the Landlords will still be given the option to appear by phone or in person. If you'd like to appear by phone.
COVID 19 Links Below:
Lease Addendum & Deferral of Rents Document
The Small Business Owner's Guide to the CARES Act:
https://www.sbc.senate.gov/public/_cache/files/9/7/97ac840c-28b7-4e49-b872-d30a995d8dae/F2CF1DD78E6D6C8C8C3BF58C6D1DDB2B.small-business-owner-s-guide-to-the-cares-act-final-.pdf
The CARES Act:
https://www.congress.gov/bill/116th-congress/senate-bill/3548/text
For legal questions and eviction needs contact Bruce Asay or Morgan Porter at ALG Law at:
Phone: (307) 632-2888
[email protected]
[email protected]
PLEASE VISIT OUR FORMS PAGE FOR ESSENTIAL LANDLORD-TENANT DOCUMENTS
Location:
PO Box 21015
Cheyenne, WY 82003
Hours:
Mon - Fri: 9AM - 5PM
Sat: 10AM - 5PM
Sun: Closed
