Tenant's Verified Answer to Complaint for Unlawful Detainer (Utah)

TENANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — UTAH

TABLE OF CONTENTS

1. Caption
2. Critical Deadline Notice
3. General Denial / Specific Responses
4. Affirmative Defenses
5. Counterclaims
6. Demand for Pre-Judgment Occupancy Hearing
7. Demand for Discovery / Jury
8. Prayer for Relief
9. Verification
10. Signature and Certificate of Service
11. Required / Recommended Exhibits
12. Drafting and Filing Notes
13. Sources and References

1. CAPTION

IN THE [____________] DISTRICT COURT OF THE STATE OF UTAH

[____________] COUNTY, [____________] DEPARTMENT

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.

3. GENERAL DENIAL / SPECIFIC RESPONSES

Defendant(s) [TENANT NAME(S)] respond to the numbered allegations of Plaintiff's Complaint as follows:

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 (no diligent effort before posting; no follow-up mailing; service on wrong 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 [__/__/____] in compliance with § 57-22-5, and the Owner failed to correct within the statutory cure period (3 days standard / 1 day dangerous / 10 days lease-only). Defendant elects rent abatement / repair-and-deduct under § 57-22-6, which extinguishes or reduces any rent claimed in the Complaint.

Affirmative Defense 4 — RETALIATION (Utah Code § 57-22-5)

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.

The adverse action followed the protected activity by [____ days/weeks], creating a rebuttable presumption of retaliation.

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 under § 57-22-5 on [__/__/____]; Owner failed to cure within the applicable period.

3. Tenant is entitled to rent abatement, repair-and-deduct, actual damages for unjustifiable refusal under § 57-22-6(7), and reasonable attorney fees.

COUNTERCLAIM II — RETALIATION (Utah Code § 57-22-5)

4. Owner unlawfully retaliated against Tenant for protected activity (habitability complaint dated [__/__/____]; code-enforcement contact dated [__/__/____]).

5. Tenant is entitled to damages, possession, and attorney fees.

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.

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:

1. Dismiss Plaintiff's Complaint with prejudice;
2. Enter judgment for Defendant on all counts;
3. Award possession to Defendant and deny restitution to Plaintiff;
4. Award damages, statutory penalties, and rent abatement under Utah Code § 57-17-3, § 57-22-6, § 78B-6-814, and applicable law;
5. Award reasonable attorney fees and costs under Utah Code § 78B-6-811, § 57-17-3, § 57-22-6(8), the Lease, and applicable law;
6. Set a pre-judgment occupancy hearing under § 78B-6-809;
7. 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.

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

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.

11. REQUIRED / RECOMMENDED EXHIBITS

12. DRAFTING AND FILING NOTES

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 — Notice procedure; retaliation prohibited (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.