- Who sends it
- The buyer at the trustee's sale serves the notice to quit; the district court issues the summons if the buyer sues
- What it starts
- The time to leave stated in the notice, then 3 business days to answer a summons
- Do this first
- Count the days on the notice and contact Utah Legal Services today
What these papers are in Utah
Utah Code § 78B-6-802.5 says a former owner or trustor is guilty of unlawful detainer if the home was sold at a trustee's or sheriff's sale and the person keeps living there after being served with a notice to quit by the buyer. The Utah courts call the first paper an eviction notice and say the new owner must go through the court system if you do not leave by its deadline.
If you stay, the buyer can file an unlawful detainer case. The summons must state the number of days you have to appear and defend, which is three business days from the date you are served, unless you object and the court allows more time (Utah Code § 78B-6-807(3)).
What they do and do not mean
- A notice to quit is not a court order. Only the court can order you out, and a sheriff or constable carries out the order.
- Utah's statute for former owners does not set a number of days for the notice to quit. Read the deadline written on your notice.
- If the buyer wins, Utah law tells the court to enter judgment for three times the damages it finds for unlawful detainer, and the winner gets costs and attorney fees (Utah Code § 78B-6-811(3), (5)).
- If you rent from the former owner, you may have federal rights to stay at least 90 days, and the Utah courts explain who counts as a bona fide tenant.
The deadlines and how to count them
- Notice to quit: the Utah courts say the day a notice is delivered is day zero; start counting the next day. Calendar days count weekends and holidays. Business days do not.
- Summons: you have three business days from the date you are served to file an answer (§ 78B-6-807(3)(a)). Do not count the day of service, weekends or court holidays.
- Occupancy hearing: either side can ask for an evidentiary hearing, which must be held within 10 business days after you file your answer, to decide who stays during the case (Utah Code § 78B-6-810(2)).
- Order of restitution: if the court orders you out, you have three calendar days after it is served to leave, unless the court or the parties set something else (Utah Code § 78B-6-812(2)).
What to do this week
- Write down the date you got the notice to quit and the deadline it states.
- Decide whether you can move by then. If you need more time, ask the buyer in writing and get any agreement in writing.
- If you are served with a summons, file an answer within three business days. The Utah courts' tenant eviction page links to the Answer form and steps.
- Contact Utah Legal Services. If you are in Salt Lake District Court, ask about holding your hearing at Community Court.
- If the home sold for more than you owed, watch for a court clerk's notice about extra money. See the Utah surplus notice.
Help and warnings
The Utah courts' eviction pages explain each step, from the notice to the summons to the order of restitution, and list free legal clinics. For statewide mediation, the courts list Utah Community Action at 801-214-3109 and Utah Dispute Resolution. More is on the Utah foreclosure help page.
- Missing the three-business-day deadline or a hearing can lead to an order of restitution and a default judgment (Utah Code § 78B-6-810(4)).
- If the court orders you out, give the court and the buyer your new address within 30 days (§ 78B-6-811(6)).
The rest of the Utah process
See how foreclosure works in Utah, the timeline, ways to stop it and free help in Utah, or read the national guide to this letter.
Common questions
How long do I have to leave my Utah home after a trustee's sale?
Until the deadline in the buyer's notice to quit. Utah Code § 78B-6-802.5 does not set a number of days for former owners. If you stay past it, the buyer can sue, and you then have three business days to answer the summons (§ 78B-6-807).
Why could I owe triple damages in a Utah eviction?
Utah Code § 78B-6-811(3) tells the court to enter judgment for three times the damages it assesses for unlawful detainer. Staying past the notice to quit without a plan can get very expensive, so talk with legal aid early.
How long after a Utah eviction judgment do I have to move?
An order of restitution must give you three calendar days after it is served to leave, unless the court orders otherwise or you and the buyer agree to something else (Utah Code § 78B-6-812(2)).
Other Utah letters
- Notice of intent to file a notice of default (pre-default notice with single point of contact)In Utah, before a notice of default is recorded on a home you live in, a bank or credit union lender or its servicer must warn you in writing. The letter lists exactly what it takes to cure, gives you a date at least 30 days away, and names one person to talk to about foreclosure relief. No foreclosure has been recorded yet.
- Notice of DefaultIn Utah, the trustee starts a trustee's sale foreclosure by recording a notice of default with the county recorder. For three months after recording, you can stop the foreclosure by paying only the past-due amount plus costs and fees actually incurred. After that, stopping the sale usually takes the full balance or the servicer's agreement.
- Notice of Trustee's SaleThe Notice of Trustee's Sale sets the date, time and courthouse where your Utah home will be auctioned. It comes only after the three months following the notice of default. After a Utah trustee's sale there is no right to buy the home back, so the days before the sale matter most.
- Court clerk's notice of deposited excess proceeds from a trustee's saleWhen a Utah trustee's sale brings in more than the costs and the loan, the trustee pays the extra to the people legally entitled to it or deposits it with the district court clerk. If it is deposited, the clerk must notify listed claimants within 15 days. You claim the money by filing a petition, and other claimants get 60 days to object.
- Summons and complaint to recover the balance due after a trustee's sale (deficiency lawsuit)After a Utah trustee's sale, the lender can sue for the shortfall only if it files within three months after the sale. The court must find the home's fair market value on the sale date, and the judgment cannot be more than the debt, interest and sale costs minus that value. You usually have 21 days after service to answer.
Sources
- Utah Code § 78B-6-802.5 (unlawful detainer after foreclosure)
- Utah Code § 78B-6-807 (summons; time to respond)
- Utah Code § 78B-6-810 (court procedures)
- Utah Code § 78B-6-811 (judgment; treble damages)
- Utah Code § 78B-6-812 (order of restitution)
- Utah State Courts: Eviction Information for Tenants
- Utah State Courts: Foreclosure