Eviction Answer Guide

Answering a Complaint for Eviction
**Disclaimer**

The information contained here is for general information only. It should not be interpreted as legal advice. By using this form you agree that this does not create an attorney/client relationship with any attorney or with People's Legal Aid. If you have legal questions, you should consult with a competent landlord/tenant attorney. If you qualify, you may be eligible for representation by an attorney. To see if you qualify for representation, please contact People's Legal Aid at 801-477-6975. You agree that People's Legal Aid is not responsible for ensuring these documents are served to opposing parties or counsel. You agree that you are either (1) the defendant listed in the complaint you are answering; (2) a licensed attorney in the state of Utah; or (3) a licensed paralegal practitioner in the state of Utah. If you agree to this, please click the button below to start. If you do not, please exit out of this window.

Who is filing this form?

If you are an attorney or licensed paralegal practitioner, please put your information here. If you are not an attorney or LPP, please enter your personal information.
Please choose one of the following:

I am an attorney I am a licensed paralegal practitioner I am representing myself
My bar number is:
Name

First Name Last Name
Address

Street Address

Street Address Line 2

City State / Province

Postal / Zip Code
What county is the rented property in?
Phone Number
Please enter a valid phone number.
Email
example@example.com

Court Location
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Based on the county you identified, we believe the district court that this case is in is:
Select the district listed above, or another one if it is different on the other court forms you have received.

Party and Case Information

The information needed to fill out this section can generally be found on the complaint or other court documents you may have received. The image below shows an example of what the court form may look like that you received that can help you fill out the questions in this section.
What is the full name of the "Plaintiff" or "Plaintiffs" as listed on the court papers?
See the image above.
What is the full name of the "Defendant" or "Defendants" as listed on the court papers?
See the image above.
What is the Case Number?
This may be shown on the court documents, or you may need to call the court to obtain the case number if it is not listed on the papers you received.
Who is the Judge in this case?
This may be shown on the court documents, or you may need to call the court to determine the name of the judge if it is not listed on the papers you received.

Responding to the Complaint

Each paragraph of the Complaint that requires a response is numbered. The following questions will ask you to choose a response to each paragraph in the Complaint.
Which paragraphs of the Complaint do you agree with?
Agreeing to a paragraph in the Complaint will mean that you agree to the claim made in that paragraph.
Which paragraphs of the Complaint do you disagree with?
Disagreeing to a paragraph in the Complaint means that you disagree with a part of any claim made in that paragraph.
Which paragraphs of the Complaint do you disagree with because you do not have enough information to agree or deny the claim?
If you do not know what the paragraph says or have sufficient information to know how to answer, then list that paragraph here. This has the same effect as disagreeing with that paragraph in the Complaint.

Potential Defenses to Eviction
Is this eviction based on not having paid rent?

Yes No
Have you given the Plaintiff a signed declaration of eligibility under the CDC Eviction Moratorium?

Yes No
Please upload a copy of the CDC Declaration provided to your landlord/Plaintiff.

Haven't verified your eligibility yet? Head over to www.cdcform.com to fill it out!
Cancel of
You may determine your eligibility for protection under the CDC Eviction Moratorium and fill out the required Declaration by clicking this link: The CDC Declaration Form may be filled out and provided to your landlord/plaintiff by clicking this link: www.cdcform.com

Potential Defenses to Eviction (Service)
In order for an eviction case to be legal, the eviction notice has to be legal. You can review the requirements for the notice by clicking here or here are some basic issues to look for:

If the notice is for:
- Not paying rent or other money due under the lease, the notice has to give you three business days to pay or leave the property. (Note that it is NOT three calendar days)
- A lease violation (unauthorized renter for example), the notice has to give three calendar days to correct the stated lease violation or leave the property.
- Nuisance, the notice must give three calendar days.
- Ending a month-to-month contract or terminating a lease at the end of the contract, the notice must give 15 days notice before the end of the month (or lease period). The notice must give more time if required by the lease.
- Other notices generally require three calendar day's notice.
Is the eviction notice defective for any of the above reasons, or for other reasons under the law?

Yes No
List what is wrong with the eviction notice:
For example: wrong notice for what is claimed (notice for nuisance, but claim for not paying rent), wrong number of days to comply, etc.
The law requires that the eviction notice be "served" in a very particular way. The law allows the landlord to serve the notice by:
- delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant's usual place of business by leaving a copy of the notice with a person of suitable age and discretion;
- sending a copy through registered mail, certified mail, or an equivalent means, addressed to the tenant at the tenant's residence, leased property, or usual place of business;
- 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
Utah Code 78B-6-805

A text message does not count. An email does not count. If the notice is not served in one of the above listed ways, it does not count.
Did the Plaintiff fail to properly serve the eviction notice?

Yes, Service was not done correctly No, I was served legally
Describe the specific way(s) the eviction notice was not served properly:

Defendant Signature
By signing below, I understand that I am answering the complaint that has been filed against me. It will not be considered complete until I sign the form AND serve it to the plaintiff, if the plaintiff does not have an attorney, or to the attorney for the plaintiff.
The defendant's name that is verifying the truthfulness of this answer:

First Name Last Name
What city and state are you signing this answer in?
For example: Salt Lake City, UT
I declare under criminal penalty under the law of Utah that everything stated in this document is true: *

Clear
What day are you signing this answer?

Month Day Year
Date

Attorney or Licensed Paralegal Practitioner Signature

Filling this out will place a "/s signed with permission" on your signature line.
What day are you signing this answer?

Month Day Year
Date
By typing your name, you agree to sign this Answer as the representative of the defendant(s).

First Name Last Name

Answering a Complaint for Eviction

Who is filing this form?

Court Location

Party and Case Information

Responding to the Complaint

Potential Defenses to Eviction

Potential Defenses to Eviction (Service)

Potential Defenses to Eviction (Circumstance).

Claims against the Plaintiff

Defendant Signature

Attorney or Licensed Paralegal Practitioner Signature

Certificate of Service