BASIC GUIDE TO ANSWERING AN EVICTION COMPLAINT
Your Answer must be in the format required by the court. Filing the Answer is free unless you include a counterclaim. It
must be emailed or delivered to the same court where the case was filed; the Answer cannot be faxed. You must email (or
mail) a copy of your Answer to the opposing party or the landlord’s attorney. Look for the email address at the top of the
Complaint. Keep a copy for yourself.
Send your Answer to the court as an email attachment. The subject line must say “Filing in case # [case number]”. To find
the email address, go to https://www.utcourts.gov/directory/. Enter the judge’s name in the “Employee Search” area.
File the Answer within the time stated on the Summons, usually three (3) business days after you were served (5 calendar
days in a Mobile Home Park eviction). If you do not file on time the Plaintiff may get a default judgment against you both to
evict you and for money. You can use the fill-in form attached to this flyer or the State’s Online Court Assistance Program to
create your Answer: www.utcourts.gov/ocap. There is no charge to create your Answer this way but you must still email the
Answer to the court. You can “sign” your Answer like this: “/s/ [Your Name Here]”. You can also call the Court’s Self-Help
Center from 11 a.m. to 5 p.m., Monday thru Thursday: 888-683-0009
The first page of your Answer must have your name, address, email address and phone number; the names of the
Plaintiff(s) and Defendant(s) and most importantly the Civil Number, something like 210000999 (9 digits). This number is
used by the court clerks to get your Answer posted so that a default judgment is not entered against you. NOTE: You will
get all future court notices – including a notice of hearing - by email; be sure to check it regularly.
Respond to each numbered paragraph in the Complaint by “Admit” or “Deny”. For example, if paragraph no. 4 says that
landlord gave you a 3 day notice to pay or vacate but you never received such a notice, then paragraph no. 4 in your
Answer should be “Deny”. You can add more explanation if you wish. If you don’t understand the language you can write
“Deny because I don’t understand.”
Include any defenses you have in your written Answer. For example, “I tried to hand the money to the landlord during the
3-day notice period but the landlord refused to take it.” Or, “the Landlord refused to fix many serious problems and so I
should not have to pay the full amount of the rent.” (This one rarely works.)
If you believe the landlord owes you money for some reason you can file a counterclaim with your Answer. However, you
must either pay the fee to file the counterclaim ($55 or more, depending on the amount claimed) or fill out an affidavit to
waive the cost. The affidavit must be approved by a judge.
Once you file your Answer the landlord will ask for an “immediate occupancy” (or “possession”) hearing unless you have
already moved out. The hearing will take place within 10 days. The landlord must give you any documents to be used at
the hearing as well as the names of any witnesses the landlord may call. You must provide the same (your documents and
witness list) to the landlord at least 2 days before the hearing. At that hearing, the judge will decide who gets possession of
the rental unit (you or the landlord) but probably not the amount of money due. During the Covid pandemic period, these
hearings are conducted electronically by WebEx and/or phone. The notice of the hearing and instructions for participating
will be emailed to you. Attend the hearing! If you do not go to the hearing, the judge will delete (“strike”) your Answer and
enter an order evicting you (an “Order of Restitution”) as well as a money judgment based on the landlord’s Complaint. The
eviction order may require you to leave immediately (without delay) if you don’t go to the hearing.
If the judge evicts you at the hearing (“Order of Restitution”), you will have 3 more days before the landlord can lock you
out. But you can ask for more time if you can show “extraordinary circumstances.” The judge can also dismiss the case
against you or schedule a full trial some weeks later (and you can stay in the rental unit during that time. However, treble
damages will continue to add up if you lose the case. “Treble damages” include three times the usual daily rent beginning
the day after the eviction notice expired.)
The eviction order can be posted on your door. Move your property out of the rental unit before you are locked out. After
being locked out, the landlord can demand payment of moving/storage costs before letting you take your property except
you have 5 days after the lockout to get your papers, medical supplies and clothing without cost.
A monetary judgment – for rent, property damage, treble damages, court costs and attorney fees – requires another
hearing. But the landlord (or the attorney) can wait several months before scheduling that hearing. The only notice you will
get is by email (or regular mail). Be sure the court and opposing party know your email or mailing address whenever you
move. If you do not go to this hearing, the judge will grant the landlord’s claim for money.
UTAH LEGAL SERVICES – (801) 328-8891 or (800) 662-4245 – www.utahlegalservices.org 2/21
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 1 of 7
Name
Address
City, State, Zip
Phone
Email
I am [ ] Plaintiff [ ] Defendant
[ ] Plaintiff’s Attorney [ ] Defendant’s Attorney (Utah Bar #:__________)
[ ] Plaintiff’s Licensed Paralegal Practitioner
[ ] Defendant’s Licensed Paralegal Practitioner (Utah Bar #:__________)
In the District Court of Utah
__________ Judicial District ________________ County
Court Address ______________________________________________________
Defendant’s Answer to Unlawful
Detainer (Eviction)
[ ] and Counterclaim
___________________________
Case Number
____________________________
Judge
Defendant(s) answer(s) plaintiff's complaint as follows:
1. Defendant agrees completely with everything stated in the following numbered
paragraphs of the complaint: _________________________________________
2. Defendant disagrees with all or part of the following numbered paragraphs of the
complaint:________________________________________________________
3. Defendant does not have enough information to respond to the following
paragraphs of the complaint. ________________________________________
If you do not respond to this
document within applicable time
limits, judgment could be entered
against you as requested.
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 2 of 7
4. Defendant denies every allegation not specifically admitted above.
Affirmative Defenses (Choose all that apply and complete the sentences in those sections.)
5. [ ] CDC Eviction Moratorium
This case is for nonpayment of rent. I gave Plaintiff a signed declaration of
eligibility under the CDC eviction moratorium. I cannot be evicted while the
Centers for Disease Control (CDC) eviction moratorium is in effect. (85 CFR
55292)
6. [ ] Improper eviction notice or service of the notice
[ ] a. Plaintiff's eviction notice is defective. It does not comply with Utah
law for the following reasons: (Utah Code 78B-6-802) (List specific defects
such as Notice to Vacate rather that a Notice to Pay or Vacate in a non-payment
case.)
[ ] b. Plaintiff failed to properly serve the eviction notice. (Utah Code 78B-6-
805) (Describe the specific ways in which the eviction notice was not served
properly.)
7. [ ] Grounds for eviction in complaint are different than grounds in the
notice
Plaintiff notified defendant in the eviction notice that tenant was being
evicted on the grounds that: (Write reason given in notice.)
However, plaintiff said in the complaint that defendant is in unlawful detainer
based on other grounds, namely (Write the allegation in the complaint.)
8. [ ] Defendant complied with notice
Defendant complied with all demands in the eviction notice within the time
period allowed to maintain the rental relationship. (Describe what defendant has
done, for example paying rent due, getting rid of a cat in violation of a no-pets clause, and
how this complies with the demanded action in the notice.)
The defendant has:
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 3 of 7
9. [ ] Defendant offered full payment as stated in the notice before
expiration of notice but plaintiff rejected
Defendant offered to pay the full amount of the rent due but the plaintiff
refused. Defendant offered $_________________.
10. [ ] Plaintiff did not limit damages
Plaintiff did not use commercially reasonable efforts to re-rent the premises
after defendant left.
11. [ ] No landlord-tenant relationship
No landlord-tenant relationship exists between and plaintiff and defendant.
12. [ ] Defendant substantially complied with lease
Defendant has substantially complied with the terms of the lease in the
following ways and it would be unfair to forfeit the lease:
13. [ ] Plaintiff is not legally authorized to bring this action
Plaintiff is not authorized to bring this action because:
14. [ ] Defendant is on active duty in the armed forces
Defendant is on active duty in the armed forces of the United States and
asserts the defenses in the Servicemembers Civil Relief Act.
15. [ ] Premises was turned over to plaintiff
Tenant turned over the premises to plaintiff on ___________________ (date)
by (Describe way in which premises was turned over to plaintiff, for example returning all
keys.)
Plaintiff accepted the surrender of the premises. Defendant is not liable for
rent under the agreement between the parties after
___________________ (date premises was turned over to plaintiff).
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 4 of 7
16 [ ] Plaintiff failed to provide an itemized calculation in the complaint filed
with the court. (Utah Rules of Civil Procedure 26.3)
17. [ ] Plaintiff failed to provide an explanation of the factual basis for the
eviction in the complaint filed with the court. (Utah Rules of Civil Procedure
26.3)
Counterclaim
Defendant(s) counterclaim(s) and complain(s) of plaintiff as follows. (Choose all that apply
and complete the sentences in those sections):
1. [ ] Bad conditions/repairs not done
[ ] a. Plaintiff has failed to maintain the premises in a fit and habitable
condition and has created significant health and safety problems at
the premises. Defendant complied with the Utah Fit for Premises Act
(Utah Code 57-22-1) and gave written notice to plaintiff on
___________________ (date). That notice is attached. Plaintiff failed
to remedy these problems within the time frame required by the Fit
Premises Act. (Attach copy of notice given to landlord.)
[ ] b. Defendant elected a rent abatement remedy.
[ ] c. Defendant should be awarded an additional amount of damages for:
(Specify additional damages, such as motel costs, restaurant costs, moving
expenses, utility relocation costs, medical expenses.)
2. [ ] Landlord's conversion (taking or withholding) of tenant's property
Plaintiff has converted defendant's property to his/her own use by:
(Describe the details as to what property of defendant's was taken, when and how.)
The plaintiff had no lien or other legal authority to take the property.
Defendant is entitled to damages of $_________________, the fair market
value of the property at the time of the plaintiff’s conversion, based on the
following list of items taken: (List items taken and fair market value.)
3. [ ] Retaliatory eviction
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 5 of 7
Plaintiff started this case or refused to renew a lease after defendant made
a reasonable and good faith complaint about a violation of the following
protective housing statute(s). (Identify the statute, such as the Utah Fit Premises Act,
Utah Code 57-22-1 et seq., local health department regulations, local fit premises
ordinances.)
On or about ___________________ (date), (Describe the nature of the
complaint(s) made, the date, to whom it was made, and the retaliatory action taken, by
whom, when, etc.)
Defendant is not in breach of the rental agreement and is entitled to
continued occupancy. Plaintiff's action should be dismissed as retaliatory. In
addition, plaintiff should be ordered to repair code violations and should be
barred from initiating further evictions against defendant until these repairs
are made and defendant has had a reasonable opportunity to vacate.
Plaintiff should also reimburse defendant for all expenses incurred as a
result of Plaintiff’s actions.
4. [ ] Constructive eviction
Plaintiff has constructively evicted defendant by: (Describe the activities of plaintiff
or activities done with plaintiff's consent which seriously breached defendant's right to
peaceful possession and quiet enjoyment, for example, hiring workers to commence noisy
remodeling at early morning hours.)
These activities rendered the premises unsuitable for the purpose rented
and required defendant to vacate the premises on ___________________
(date).
Defendant is entitled to an offset of rent owing and additional damages for
plaintiff's breach of the lease in the amount of $_________________,
including: (List the specific damages, including costs of meals, lodging, higher rent at new
location etc.)
5. [ ] Landlord's abuse of access
Plaintiff has repeatedly demanded unreasonable entry or/and has entered
the premises in violation of the terms of the lease or the Fit Premises Act.
(Utah Code 57-22-1) By so doing, plaintiff has abused the right of access.
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 6 of 7
Request for Relief
Defendant asks the court to:
1. Dismiss the plaintiff’s complaint.
2. Award defendant damages for the claims above.
3. Grant other available relief.
The plaintiff must respond to this counterclaim within 21 days to prevent a default
judgment from being entered. (Utah Rules of Civil Procedure 12(a))
I declare under criminal penalty under the law of Utah that everything stated in this document is true.
Signed at ______________________________________________________ (city, and state or country).
Signature ►
Date
Printed Name
Attorney or Licensed Paralegal Practitioner of record (if applicable)
Signature ►
Date
Printed Name
2100EVJ Approved December 18,
2017 / Revised February 8, 2021
Defendant’s Answer to Unlawful Detainer and Counterclaim
Page 7 of 7
Certificate of Service
I certify that I filed with the court and am serving a copy of this Defendant's Answer to Unlawful Detainer
and Counterclaim on the following people.
Person’s Name
Service Method
Service Address
Service
Date
[ ] Mail
[ ] Hand Delivery
[ ] E-filed
[ ] Email
[ ] Left at business (With person in charge
or in receptacle for deliveries.)
[ ] Left at home (With person of suitable
age and discretion residing there.)
[ ] Mail
[ ] Hand Delivery
[ ] E-filed
[ ] Email
[ ] Left at business (With person in charge
or in receptacle for deliveries.)
[ ] Left at home (With person of suitable
age and discretion residing there.)
[ ] Mail
[ ] Hand Delivery
[ ] E-filed
[ ] Email
[ ] Left at business (With person in charge
or in receptacle for deliveries.)
[ ] Left at home (With person of suitable
age and discretion residing there.)
Signature ►
Date
Printed Name