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

Utah Landlord & Tenant Updated November 5, 2026 Free Word and PDF

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

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 SUMMONS RESPONSE PERIOD — Utah Code § 78B-6-807(3). The summons generally requires an answer within three business days after service. The court may allow more time if the defendant objects and the facts warrant it. File within the period stated in the summons; missing it may lead to default.

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., a notice omitting the three-calendar-day perform-or-surrender alternative for an ordinary curable covenant breach under § 78B-6-802(1)(h));
☐ 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 § 57-21-5; 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 Fair Housing 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 after Defendant vacated and returned possession. Defendant seeks any supported setoff. If Defendant served the follow-up notice required by § 57-17-3(3) on [DATE] and Plaintiff failed to comply within five business days, Defendant also seeks the § 57-17-5 remedies, including the $100 penalty and, if Plaintiff acted in bad faith, costs and 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 a covered dwelling under 15 U.S.C. § 9058(a), and [STATE FACTS SHOWING THE 30-DAY VACATUR TIMING APPLIES]. Plaintiff sought an order requiring vacancy before 30 days after a qualifying notice to vacate. Utah Code § 78B-6-802(5) limits the operation of that notice rule in Utah unlawful-detainer proceedings; explain why the selected ground and arrears period meet its conditions: [FACTS].

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 / ☐ Defendant is a dependent of a servicemember in military service. The Premises are primarily a residence; monthly rent of $[________] is within the annual adjusted ceiling under 50 U.S.C. § 3951(a); and military service materially affects the servicemember's ability to pay. Defendant requests the stay or lease-obligation adjustment authorized by § 3951(b).

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.


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 to return the $[________] security deposit and any prepaid rent, or provide an itemization of deductions, within 30 days after Tenant vacated and returned possession. Tenant served the § 57-17-3(3) notice on [DATE] by [AUTHORIZED METHOD], and Owner failed to comply within five business days. Tenant seeks the § 57-17-5 remedy of the full deposit if its balance was not timely returned, the full prepaid rent if its balance was not timely returned, and the $100 civil penalty; costs and attorney fees are requested if Owner acted in bad faith.

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 FAIR HOUSING ACT / FHA (Utah Code § 57-21-5; 42 U.S.C. § 3604)

9. Owner discriminated against Tenant on the basis of [PROTECTED CLASS] by [CONDUCT].

10. Tenant seeks actual and punitive damages, appropriate injunctive relief, and reasonable attorney fees and costs under § 57-21-12(7). The Court may separately assess a civil penalty under § 57-21-11(2) to vindicate the public interest.

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-6-810(2), Defendant requests an evidentiary hearing to determine the right of occupancy during this action. 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:

  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 any applicable renter remedy under Utah Code §§ 57-17-3, 57-17-5, 57-22-6, 78B-6-814, and applicable law;
  5. Award reasonable attorney fees and costs where authorized under Utah Code §§ 78B-6-811, 57-17-5(2), 57-22-6(7), the Lease, and applicable law;
  6. Set an evidentiary hearing on occupancy during litigation under § 78B-6-810(2);
  7. Grant such other and further relief as is just and equitable.

9. VERIFICATION

I, [DEFENDANT NAME], have read the foregoing Verified Answer, Affirmative Defenses, and Counterclaims. I declare under criminal penalty under the law of Utah that the foregoing is true and correct. Utah Code § 78B-18a-106.

Field Entry
Defendant name (printed): [____________________________________]
Signature: _________________________________
Executed at (city / county): [____________], [____________] County, Utah
Date: [__/__/____]

This verification uses the form prescribed by Utah Code § 78B-18a-106.


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: [__/__/____]

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. Under § 78B-6-807(3), the court may allow more time if the defendant objects and the facts warrant it.
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 the Complaint was verified, verify the Answer as required for the pleading; use the § 78B-18a-106 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, a deficiency not caused by the renter, and compliance with all § 57-22-5 renter duties, including not damaging the unit, not interfering with another renter's peaceful enjoyment, and not unreasonably denying repair access. 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. If the renter elected § 57-22-6 rent abatement and the owner failed to take substantial corrective action within the corrective period, the rental agreement terminates and the renter must vacate within 10 calendar days after that period. Do not use this remedy as a route to remain in 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.
Voucher and public housing. For a private-owner Housing Choice Voucher eviction, 24 C.F.R. § 982.310 governs the owner's grounds and notice to the PHA; the public-housing PHA grievance procedure is not an exhaustion defense to that owner's suit. If the PHA itself is the landlord, check whether the tenant-PHA grievance procedure under 24 C.F.R. § 966.51 applies before raising exhaustion.
CARES Act. Federally backed mortgage / LIHTC verification: search the Fannie/Freddie/FHA loan databases; LIHTC database; HUD subsidy lists.
Fee shifting. Section 57-17-5(2) permits costs and fees in a deposit action when the opposing party acted in bad faith. Section 57-22-6(7) permits costs and fees to the prevailing party in a Fit Premises Act action; check § 78B-6-811 and the Lease for any separate fee basis.
Discovery. Expedited; focus on dispositive issues. Consider Rule 30(b)(6) deposition of property manager regarding habitability and motive.
Appeal. In a statutory unlawful detainer action, file a notice of appeal with the trial court clerk within 10 days after entry of judgment or order (Utah R. App. P. 4(a)(1)). 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-6-807 — Complaint and summons response period (le.utah.gov)
  • Utah Code § 78B-6-808 — Plaintiff's possession bond and alternative remedies (le.utah.gov)
  • Utah Code § 78B-6-809 — Proof and defenses (le.utah.gov)
  • Utah Code § 78B-6-810 — Expedited procedures and evidentiary hearing (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 § 57-21-5 — Utah Fair Housing 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.

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About this template

Last updated
November 5, 2026
Jurisdiction
Utah
Category
Landlord & Tenant

Legal authority

  • Utah Code § 78B-6-807 (Complaint and summons response period)
  • Utah Code § 78B-6-810 (Expedited procedures and evidentiary hearing)
  • 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 (Plaintiff's possession bond and alternative remedies)
  • Utah Code § 78B-6-809 (Proof and defenses; unlawful-detainer counterclaim)
  • 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, 57-17-5 (Security deposit return, notice, and remedies)
  • Utah Code § 57-21-5 (Utah Fair Housing 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-6-807(3) (checked October 25, 2026): "The summons shall include the number of days within which the defendant is required to appear and defend the action, which shall be three business days from the date of service, unless the defendant objects to the number of days, and the court determines that the facts of the case should allow more time."

Utah Code § 78B-6-808(1) (checked October 25, 2026): "At any time between the filing of the complaint and the entry of final judgment, the plaintiff may execute and file a possession bond."

Utah Code § 78B-6-809 (checked October 25, 2026): "An action for unlawful detainer may also be brought in the form of a counterclaim."

Utah Code § 78B-6-810(2) (checked October 25, 2026): "In an action for unlawful detainer, the court shall hold an evidentiary hearing, upon request of either party, within 10 business days after the day on which the defendant files an answer or response."

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