Tenant's Verified Answer to Complaint for Unlawful Detainer (Utah)
TENANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — UTAH
TABLE OF CONTENTS
- Caption
- Critical Deadline Notice
- General Denial / Specific Responses
- Affirmative Defenses
- Counterclaims
- Demand for Pre-Judgment Occupancy Hearing
- Demand for Discovery / Jury
- Prayer for Relief
- Verification
- Signature and Certificate of Service
- Required / Recommended Exhibits
- Drafting and Filing Notes
- Sources and References
1. CAPTION
IN THE [____________] DISTRICT COURT OF THE STATE OF UTAH
[____________] COUNTY, [____________] DEPARTMENT
| Party | Role |
|---|---|
| [PLAINTIFF / OWNER NAME], | Plaintiff, |
| v. | |
| [TENANT NAME(S)], et al., | Defendant(s). |
| Case Information | Detail |
|---|---|
| Case No.: | [____________] |
| Judge: | [____________] |
| Filing Date: | [__/__/____] |
| Document: | DEFENDANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS |
2. CRITICAL DEADLINE NOTICE
UTAH 3-BUSINESS-DAY ANSWER DEADLINE — Utah Code § 78B-6-810(2). This Answer is filed within three (3) business days after service of the summons. Failure to answer within three business days results in a default judgment, immediate writ of restitution, and potential treble damages.
| Service / Filing Calendar | Date |
|---|---|
| Date summons served on Defendant: | [__/__/____] |
| Day 1 (first business day after service): | [__/__/____] |
| Day 2: | [__/__/____] |
| Day 3 (filing deadline): | [__/__/____] |
| Date this Answer filed: | [__/__/____] |
3. GENERAL DENIAL / SPECIFIC RESPONSES
Defendant(s) [TENANT NAME(S)] respond to the numbered allegations of Plaintiff's Complaint as follows:
| ¶ | Allegation Topic | Response |
|---|---|---|
| 1 | Plaintiff identity / ownership | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 2 | Defendant identity / occupancy | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 3 | Representation | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 4 | Subject-matter jurisdiction | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 5 | Venue | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 6 | Statutory basis | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 7 | Lease formation | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 8 | Lease terms | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 9 | Possession history | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 10 | Conditions precedent / habitability compliance | DENIED — see Counterclaim I (Habitability) |
| 11 | Continued possession | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 12 | Service of notice | DENIED — see Affirmative Defense 2 (defective notice/service) |
| 13 | Method of service | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 14 | Notice expiration | ☐ Admit ☐ Deny ☐ Lack knowledge |
| 15 | Conditions precedent | DENIED |
| 16 | Damages | DENIED |
| 17 | Treble damages | DENIED |
| All other allegations | DENIED unless expressly admitted herein. |
4. AFFIRMATIVE DEFENSES
Without conceding any burden of proof properly imposed on Plaintiff, Defendant(s) plead the following affirmative defenses:
Affirmative Defense 1 — FAILURE TO STATE A CLAIM (Utah R. Civ. P. 12(b)(6))
1. The Complaint fails to state a claim upon which relief may be granted because [DEFECT — e.g., notice content insufficient, parties misaligned, premises misdescribed].
Affirmative Defense 2 — DEFECTIVE NOTICE (Utah Code § 78B-6-802; § 78B-6-805)
2. The Notice is defective and insufficient because (check each applicable):
☐ Wrong notice period selected for the alleged breach (e.g., 3-calendar-day no-cure used for a curable covenant breach requiring 3-business-day comply-or-quit);
☐ Wrong day computation (failure to exclude weekends/holidays for "business day" notice);
☐ Overstated rent demand (inclusion of late fees / future rent / non-rent charges);
☐ Notice content does not state the alternative (pay/comply OR quit);
☐ Defective service under § 78B-6-805 (tenant was not absent for substitute delivery; a suitable person could be found before posting; wrong location, address, or person);
☐ Notice signed/served by an unauthorized party;
☐ Notice period had not expired at filing.
Affirmative Defense 3 — BREACH OF IMPLIED WARRANTY OF HABITABILITY / UTAH FIT PREMISES ACT (Utah Code § 57-22-3, -6)
3. The Premises were and are in a deficient condition under Utah Code § 57-22-3 because of [DESCRIBE — e.g., lack of heat, water leaks, mold, rodent infestation, broken plumbing, lack of hot water, unsafe electrical, broken locks]. Defendant gave the Owner written notice on [__/__/____] satisfying § 57-22-6(2), selected the [RENT-ABATEMENT / REPAIR-AND-DEDUCT] remedy, and allowed the applicable corrective period: three calendar days for a standard of habitability or 10 calendar days for a separate rental-agreement requirement. If a dangerous condition existed, describe the separate failure to commence remedial action within 24 hours under § 57-22-6(3). State the effect of the selected remedy precisely: rent abatement terminates the rental agreement and abates rent from the notice date, while repair-and-deduct applies documented correction costs against future rent within the statutory cap.
Affirmative Defense 4 — RETALIATION OR INTERFERENCE (IF INDEPENDENTLY AUTHORIZED)
4. Plaintiff's eviction action is in retaliation for Defendant's exercise of protected rights, including (check each applicable):
☐ Reporting habitability or code violations to a government agency;
☐ Complaining to community organizations or news media about violations;
☐ Requesting repairs as required by law;
☐ Joining or organizing a tenants' association;
☐ Filing a fair-housing complaint with HUD or the Utah Antidiscrimination & Labor Division.
Identify the federal, local, lease-based, or other independently applicable authority for this defense: [______________________________]. Utah Code Title 57, Chapter 22 does not itself create the former draft's six-month retaliation presumption.
Affirmative Defense 5 — DISCRIMINATION (Utah Code § 34A-5-106; 42 U.S.C. § 3604)
5. Plaintiff's eviction is motivated by Defendant's [protected status: race / color / religion / sex / national origin / disability / familial status / source of income / sexual orientation / gender identity], in violation of the Utah Antidiscrimination Act and the federal Fair Housing Act. [Pleaded facts.] Defendant has filed / intends to file a complaint with the Utah Antidiscrimination & Labor Division (UALD) and HUD.
Affirmative Defense 6 — REASONABLE ACCOMMODATION DENIED (42 U.S.C. § 3604(f); 24 C.F.R. § 100.204)
6. The conduct cited as breach (e.g., assistance animal, accessibility modification, in-unit caregiver) is protected by federal and state fair-housing reasonable-accommodation requirements. Plaintiff failed to engage in the interactive process or unreasonably denied accommodation.
Affirmative Defense 7 — WAIVER / ACCORD AND SATISFACTION
7. Plaintiff waived the alleged default by accepting rent or partial rent after the notice period without express written non-waiver, or by inconsistent enforcement.
Affirmative Defense 8 — ESTOPPEL / FRAUD / MISREPRESENTATION
8. Plaintiff's representations and conduct estop enforcement of the alleged default, including [DESCRIBE].
Affirmative Defense 9 — SECURITY DEPOSIT SETOFF (Utah Code § 57-17-3)
9. Plaintiff has wrongfully retained Defendant's $[________] security deposit and/or prepaid rent without timely written itemization, entitling Defendant to setoff against any rent allegedly due, plus the $100 statutory penalty and reasonable attorney fees.
Affirmative Defense 10 — SELF-HELP EVICTION VIOLATION (Utah Code § 78B-6-814)
10. Plaintiff engaged in unlawful self-help by [changing locks / shutting off utilities / removing belongings / harassment] on [__/__/____], in violation of Utah Code § 78B-6-814, which entitles Defendant to actual damages, restoration to possession, and may bar Plaintiff from possessory relief.
Affirmative Defense 11 — CARES ACT NON-COMPLIANCE (15 U.S.C. § 9058)
11. The Premises are CARES Act covered (federally backed mortgage / LIHTC / federal subsidy), and Plaintiff failed to provide the statutorily required 30-day notice to vacate. The Notice and Complaint are therefore insufficient.
Affirmative Defense 12 — SECTION 8 / HUD GOOD-CAUSE NON-COMPLIANCE
12. Defendant's tenancy is subsidized under [HCV / Project-Based / Public Housing / RD]. Plaintiff failed to plead and prove good cause under 24 C.F.R. § 982.310 / Part 247, failed to send a copy of the notice to the PHA, and/or failed to exhaust grievance procedures.
Affirmative Defense 13 — MILITARY SERVICE / SCRA STAY (50 U.S.C. § 3951)
13. Defendant is a servicemember entitled to the protections of the Servicemembers Civil Relief Act, including stay of proceedings and rent caps for properties below the SCRA threshold.
Affirmative Defense 14 — IMPROPER PARTIES / STANDING
14. Plaintiff is not the owner of record / lacks authority to bring this action; or necessary parties are missing.
Affirmative Defense 15 — RESERVATION
15. Defendant reserves the right to assert additional defenses revealed in discovery.
5. COUNTERCLAIMS
Defendant asserts the following compulsory and permissive counterclaims (Utah R. Civ. P. 13):
COUNTERCLAIM I — VIOLATION OF UTAH FIT PREMISES ACT (Utah Code § 57-22-6)
1. Owner failed to deliver and maintain the Premises in compliance with the standard of habitability under § 57-22-3 by [DESCRIBE DEFICIENT CONDITIONS].
2. Tenant served written notice satisfying § 57-22-6(2) on [__/__/____]; Owner failed to take substantial action within the applicable corrective period.
3. Tenant selected [RENT ABATEMENT / REPAIR AND DEDUCT] in the notice and seeks the corresponding remedy under § 57-22-6(4), any damages available under § 57-22-6(5)(c), and costs and reasonable attorney fees under § 57-22-6(7).
COUNTERCLAIM II — RETALIATION OR INTERFERENCE (IF AUTHORIZED BY APPLICABLE LAW)
4. Owner allegedly retaliated against or interfered with Tenant for protected activity (habitability complaint dated [__/__/____]; code-enforcement contact dated [__/__/____]) under [IDENTIFY APPLICABLE FEDERAL, LOCAL, LEASE-BASED, OR OTHER AUTHORITY].
5. Tenant seeks only the remedies authorized by that independently identified authority: [______________________________].
COUNTERCLAIM III — SECURITY DEPOSIT VIOLATION (Utah Code § 57-17-3)
6. Owner failed/will fail to return the $[________] security deposit and provide written itemization within 30 days of vacating, entitling Tenant to the full deposit, prepaid rent, $100 civil penalty, court costs, and reasonable attorney fees.
COUNTERCLAIM IV — SELF-HELP EVICTION (Utah Code § 78B-6-814)
7. On [__/__/____], Owner [changed locks / shut off utilities / removed belongings / harassed Tenant], in violation of § 78B-6-814.
8. Tenant is entitled to actual damages, restoration to possession, statutory damages, and reasonable attorney fees.
COUNTERCLAIM V — VIOLATION OF UTAH ANTIDISCRIMINATION ACT / FHA (Utah Code § 34A-5-106; 42 U.S.C. § 3604)
9. Owner discriminated against Tenant on the basis of [PROTECTED CLASS] by [CONDUCT].
10. Tenant is entitled to damages, injunctive relief, civil penalties, and reasonable attorney fees.
COUNTERCLAIM VI — BREACH OF CONTRACT (Lease)
11. Owner materially breached the Lease by [DESCRIBE — e.g., failure to repair, breach of quiet enjoyment, breach of express habitability warranty].
12. Tenant has been damaged in the amount of $[________].
COUNTERCLAIM VII — BREACH OF COVENANT OF QUIET ENJOYMENT
13. Owner's [conduct — repeated unauthorized entry / tolerance of nuisance neighbor / harassment] breached the implied covenant of quiet enjoyment, causing damages.
6. DEMAND FOR PRE-JUDGMENT OCCUPANCY HEARING
Pursuant to Utah Code § 78B-6-809, Defendant requests an evidentiary hearing on possession before judgment. Defendant intends to remain in possession of the Premises during these proceedings and will tender ongoing rent (or rent reduced for habitability defects) into court / escrow as ordered.
| Hearing Logistics | Detail |
|---|---|
| Defendant's counsel: | [____________________________________] |
| Earliest available dates: | [__/__/____] · [__/__/____] · [__/__/____] |
| Estimated time: | [____] hours |
| Anticipated witnesses: | [LIST] |
7. DEMAND FOR DISCOVERY / JURY
Defendant demands trial by jury on all triable issues under Utah Const. art. I, § 10 and Utah R. Civ. P. 38.
Defendant requests reasonable expedited discovery limited to issues of (a) ownership and standing, (b) notice and service, (c) habitability and Fit Premises Act compliance, (d) accounting of rent and deposit, and (e) retaliation/discrimination motive. Utah R. Civ. P. 26.
8. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully prays that this Court:
- Dismiss Plaintiff's Complaint with prejudice;
- Enter judgment for Defendant on all counts;
- Award possession to Defendant and deny restitution to Plaintiff;
- Award damages, statutory penalties, and rent abatement under Utah Code § 57-17-3, § 57-22-6, § 78B-6-814, and applicable law;
- Award reasonable attorney fees and costs under Utah Code § 78B-6-811, § 57-17-3, § 57-22-6(8), the Lease, and applicable law;
- Set a pre-judgment occupancy hearing under § 78B-6-809;
- Grant such other and further relief as is just and equitable.
9. VERIFICATION
I, [DEFENDANT NAME], declare under criminal penalty of the State of Utah that I have read the foregoing Verified Answer, Affirmative Defenses, and Counterclaims and that the factual allegations are true and correct based on my personal knowledge, except those allegations made on information and belief, which I believe to be true.
| Field | Entry |
|---|---|
| Defendant name (printed): | [____________________________________] |
| Signature: | _________________________________ |
| Executed at (city / county): | [____________], [____________] County, Utah |
| Date: | [__/__/____] |
Pursuant to Utah Code § 78B-5-705 (declaration in lieu of affidavit), this verification is made under penalty of perjury under the laws of the State of Utah.
10. SIGNATURE AND CERTIFICATE OF SERVICE
| Field | Entry |
|---|---|
| Defendant / Counsel: | [____________________________________] |
| Utah Bar No. (if attorney): | [____________] |
| Address: | [____________________________________] |
| Telephone: | [____________________________________] |
| Email: | [____________________________________] |
| Signature: | _________________________________ |
| Date: | [__/__/____] |
CERTIFICATE OF SERVICE. I certify that on [__/__/____], a true and correct copy of the foregoing was served on Plaintiff's counsel by:
☐ Email to [____________________];
☐ First-class U.S. mail, postage prepaid, to [____________________];
☐ Personal delivery;
☐ Court e-filing system.
| Server | Detail |
|---|---|
| Name (printed): | [____________________________________] |
| Signature: | _________________________________ |
| Date executed: | [__/__/____] |
11. REQUIRED / RECOMMENDED EXHIBITS
| Exhibit | Description |
|---|---|
| 1 | Lease (with all addenda / signed-page) |
| 2 | Rent ledger / payment receipts / bank statements |
| 3 | Habitability complaints (written notice to Owner; texts; emails; certified-mail receipts) |
| 4 | Photographs / videos of deficient conditions |
| 5 | Code-enforcement complaints / inspection reports |
| 6 | Witness statements |
| 7 | Security deposit receipt / move-in inspection |
| 8 | Notice received from Plaintiff (with envelope / proof of service) |
| 9 | Self-help evidence (locked-out photos; utility shutoff bills) |
| 10 | Fair-housing / accommodation request correspondence |
| 11 | SCRA documentation (if servicemember) |
| 12 | CARES Act / Section 8 documentation (if applicable) |
12. DRAFTING AND FILING NOTES
| Issue | Practice Pointer |
|---|---|
| 3-business-day deadline. | Calendar from the day AFTER service. Excludes weekends and Utah state holidays. File EARLY. The deadline is non-extendable absent extraordinary cause. |
| OCAP. | Utah Courts' OCAP (utcourts.gov/ocap) creates a fillable Answer for free; supplement with affirmative defenses and counterclaims if substantive issues exist. |
| Email filing. | Subject line: "Filing in case # [case number]". Find court email at utcourts.gov/directory. Cc Plaintiff's counsel. |
| Verified Answer. | If Complaint was verified, verify the Answer; some judges expect it. Use § 78B-5-705 declaration form. |
| Habitability prerequisites. | Section 57-22-6 remedies require a written notice satisfying subsection (2), selection of one renter remedy, permission to enter, proper service, and a deficiency not caused by the renter. The corrective period is 3 calendar days for a habitability standard and 10 calendar days for a separate lease requirement. A dangerous condition separately requires remedial action to commence within 24 hours, but the dangerous-condition notice is not a remedy notice unless it also satisfies subsection (2). |
| Rent abatement. | Tenant should tender ongoing rent into court / escrow during proceedings to demonstrate good faith and preserve possession. |
| Retaliation or interference. | Identify the independently applicable authority and its elements before pleading this defense or counterclaim. Do not infer a statutory presumption from Title 57, Chapter 22. |
| Section 8 jurisdiction. | PHA grievance procedures may require exhaustion before court action; raise lack of exhaustion. |
| CARES Act. | Federally backed mortgage / LIHTC verification: search the Fannie/Freddie/FHA loan databases; LIHTC database; HUD subsidy lists. |
| Fee shifting. | Several Utah statutes (§ 57-17-3, § 57-22-6, § 78B-6-811) and the Lease's reciprocity clause (Utah Code § 78B-5-826) allow tenant fees if tenant prevails. |
| Discovery. | Expedited; focus on dispositive issues. Consider Rule 30(b)(6) deposition of property manager regarding habitability and motive. |
| Appeal. | 30 days to Utah Court of Appeals (Utah R. App. P. 4). Stay of execution requires supersedeas bond. |
13. SOURCES AND REFERENCES
- Utah Code § 78B-6-801 — Definitions (le.utah.gov)
- Utah Code § 78B-6-802 — Unlawful detainer (le.utah.gov)
- Utah Code § 78B-6-805 — Service of notice (le.utah.gov)
- Utah Code § 78B-6-808 — Complaint and summons (le.utah.gov)
- Utah Code § 78B-6-809 — Pre-judgment occupancy hearing (le.utah.gov)
- Utah Code § 78B-6-810 — Court procedures (3-business-day answer) (le.utah.gov)
- Utah Code § 78B-6-811 — Judgment, treble damages, attorney fees (le.utah.gov)
- Utah Code § 78B-6-814 — Self-help eviction prohibited (le.utah.gov)
- Utah Code Title 57, Chapter 22 — Utah Fit Premises Act (le.utah.gov)
- Utah Code § 57-22-5 — Renter duties (le.utah.gov)
- Utah Code § 57-22-6 — Renter remedies (le.utah.gov)
- Utah Code Title 57, Chapter 17 — Residential Renters' Deposits (le.utah.gov)
- Utah Code § 34A-5-106 — Antidiscrimination Act (le.utah.gov)
- Utah Courts Self-Help — Eviction (Tenant) (utcourts.gov)
- Utah Courts OCAP (utcourts.gov/ocap)
- Utah Legal Services — Basic Guide to Answering an Eviction Complaint (utahlegalservices.org)
- 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act
- 24 C.F.R. § 982.310 — HCV good-cause termination
- 50 U.S.C. § 3951 — SCRA stay of proceedings
- 15 U.S.C. § 9058 — CARES Act 30-day notice
- Utah R. Civ. P. 8, 12, 13, 26, 38
DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Utah's three-business-day answer deadline is one of the shortest in the United States. File EARLY and have this Answer reviewed by a licensed Utah attorney or contact Utah Legal Services (1-800-662-4245) immediately upon service.
About this template
- Last updated
- August 21, 2026
- Jurisdiction
- Utah
- Category
- Landlord & Tenant
Legal authority
- Utah Code § 78B-6-810 (Court procedures — THREE BUSINESS DAY ANSWER DEADLINE — failure = default)
- Utah Code § 78B-6-801 (Definitions)
- Utah Code § 78B-6-802 (Unlawful detainer — notice provisions)
- Utah Code § 78B-6-805 (Service of notice — strict compliance)
- Utah Code § 78B-6-808 (Complaint and summons)
- Utah Code § 78B-6-809 (Pre-judgment occupancy hearing — tenant remedy)
- Utah Code § 78B-6-811 (Judgment — treble damages — attorney fees)
- Utah Code § 78B-6-814 (Self-help eviction prohibited — tenant counterclaim)
- Utah Code § 57-22-3 (Utah Fit Premises Act — owner duty / standard of habitability)
- Utah Code § 57-22-5 (Renter duties)
- Utah Code § 57-22-5.1 (Crime victim's right to new locks; DV victim's right to terminate)
- Utah Code § 57-22-6 (Renter remedies for deficient condition — rent abatement / repair-and-deduct)
- Utah Code § 57-17-3 (Security deposit — 30-day return — $100 penalty)
- Utah Code § 34A-5-106 (Utah Antidiscrimination Act — housing)
- 42 U.S.C. § 3601 et seq. (Federal Fair Housing Act)
- Utah R. Civ. P. 8 (General rules of pleading); 12 (Defenses); 13 (Counterclaims)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Utah Code § 78B-6-805(1)(c)-(d) (checked August 21, 2026): "If the tenant is absent from the residence, leased property, or usual place of business, by leaving a copy with a person of suitable age and discretion at the tenant's residence, leased property, or usual place of business; if a person of suitable age or discretion cannot be found at the place of residence, leased property, or usual place of business, then by affixing a copy in a conspicuous place on the leased property."
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