How Utah Renters Can Delay a Sheriff Lockout During Eviction Appeals

If you’re a renter facing eviction in Utah, you may be worried about being locked out of your home by the sheriff before your appeal is heard. Fortunately, Utah law provides options to stay or delay the sheriff lockout during the appeal process. Understanding these rights and filing the correct forms can help protect your housing while you challenge an eviction decision.

Understanding Sheriff Lockouts and Eviction Appeals in Utah

After a court rules in favor of your landlord in an eviction (also called an "unlawful detainer") case, the landlord can ask the court to issue a Writ of Restitution. This court order allows the sheriff to physically remove you from the rental property. However, if you disagree with the judgment, Utah law allows you to file an appeal and, in some cases, formally request a stay (pause) on the lockout while your appeal is being considered.

Which Tribunal Handles Utah Evictions?

Eviction cases in Utah are handled by the Utah State Courts - District Court. Renters and landlords must follow procedures under the Utah Code Title 78B, Chapter 6 – Forcible Entry and Detainer, which governs residential evictions and related rights.

How to Stay a Sheriff Lockout During an Appeal

To prevent the sheriff from locking you out during your eviction appeal, you must file the correct paperwork—called a "motion to stay"—and sometimes post a bond as ordered by the court. Here’s what’s involved:

• File a Notice of Appeal – You must file your Notice of Appeal quickly after the eviction judgment (usually within 3 days) to preserve your right to challenge the decision.
• Request a Stay of Execution – Use the Motion to Stay form to ask the court to pause the lockout.
• Bond Requirement – You may need to pay a bond or ongoing rent payments to the court for the duration of the appeal.

Key Forms and When Renters Need Them

• Notice of Appeal (Court Form)
  • When to Use: As soon as you receive an eviction judgment and believe your case should be reviewed.
  • How to File: File with the same District Court that issued the eviction decision. Download from the Utah Courts Eviction Forms page.
• Motion to Stay Execution of Judgment (Stays the Lockout)
  • When to Use: Immediately after filing a Notice of Appeal to prevent imminent lockout.
  • How to File: Submit the Motion to Stay form to the court. The judge may require a hearing or set conditions like a bond.

An example scenario: If a renter loses an eviction trial, files a Notice of Appeal the next day, and fears the sheriff will arrive soon, they can immediately submit the Motion to Stay Execution of Judgment to ask the judge for extra time to remain in the unit while the appeal moves forward.

What Happens After You File for a Stay?

Once your Motion to Stay is filed, the judge decides whether to grant you more time. If approved, the sheriff is instructed not to proceed with the lockout until your appeal is resolved or until further court order. You must carefully follow any court-ordered conditions, such as timely rent payments into the court registry or posting a bond.

Legal Protections and Requirements

• You must still comply with court orders (including paying the required bond or rent).
• Your appeal does not guarantee you can stay—only that the court will consider your arguments before removing you.

The relevant eviction laws and appeal stay requirements are found in Utah Code § 78B-6-812, which details the issuance and effect of a Writ of Restitution and how appeals affect enforcement.

What If Your Stay Request is Denied?

If the judge denies your Motion to Stay, the lockout may proceed after the time stated in the Writ of Restitution (sometimes within 3 days). You may ask for a reconsideration or seek immediate advice from free legal resources listed below.

FAQ: Utah Renters and Staying an Eviction Lockout

1. How soon must I file a Notice of Appeal in Utah eviction cases?
   Usually within 3 days of the judgment. Prompt filing is essential or your right to appeal may be lost.
2. What is a bond, and do I have to pay one to get a stay?
   A bond is money held by the court to protect the landlord’s interests in case you remain in the unit while appealing. The judge will decide if a bond or ongoing rent payments are required for a stay.
3. Can I be locked out by the sheriff while my appeal is pending?
   Yes, unless the court specifically grants a stay. Filing the correct forms and getting approval is critical.
4. Does a stay mean I can stop paying rent?
   No—you usually must pay ongoing rent to the court or as directed to keep the stay order active.
5. Who can help me file these forms if I can’t afford a lawyer?
   You can contact Utah Legal Services, the Utah State Courts Self-Help Center, or local legal aid groups for guidance (see resources below).

Conclusion: Key Takeaways for Utah Renters

• Act quickly: File your appeal and motion to stay as soon as possible after an eviction judgment.
• Use the official Utah court forms and follow court instructions carefully.
• A court-granted stay is the only way to pause a sheriff lockout during appeal.

Staying a sheriff lockout during an eviction appeal in Utah requires prompt action, careful paperwork, and communication with the court. Seek legal help if you’re unsure about any step.

Need Help? Resources for Renters in Utah

• Utah State Courts – Eviction Self-Help
• Utah Legal Services (Free Legal Aid) – Call 801-328-8891
• Utah Courts Self-Help Center – 1-888-683-0009
• Utah Code Title 78B, Chapter 6 – Eviction Laws

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1. Utah State Courts Eviction Self-Help
2. Utah Code Title 78B, Chapter 6 – Forcible Entry and Detainer
3. Official eviction and appeal forms from Utah Courts
4. Utah Legal Services

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