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  • 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.
  • Court Location

  • 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.
  • 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.
  • Potential Defenses to Eviction

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  • 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.
  • 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.

  • Potential Defenses to Eviction (Circumstance).

  • I turned the property/rental over to the plaintiff on Pick a Date by    the plaintiff accepted the surrender of the rental and I am not liable for rent since that date.

  • Claims against the Plaintiff

  • If you make claims against the plaintiff in the following sections, be aware that the court may charge you a fee for filing these claims. Claims made under this section are treated similarly to the claims in the Complaint. The plaintiff will need to respond to them, or you may be entitled to ask the court for a "default judgment". You should consider speaking with a qualified landlord/tenant attorney if this situation arises.

  • For bad conditions in the apartment or outstanding repairs, written notice is required to be given. The Utah Fit Premises Act, Utah Code 57-22-6(2), describes the requirements of that notice:


         (i) describe each deficient condition;
         (ii) state that the owner has the corrective period, stated in terms of the applicable number of days, to correct each deficient condition;
         (iii) state the renter remedy that the renter has chosen if the owner does not, within the corrective period, take substantial action toward correcting each deficient condition;
         (iv) provide the owner permission to enter the residential rental unit to make corrective action; and
         (v) be served on the owner as provided in:
              (A) Section 78B-6-805; or
              (B) the rental agreement.

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  • 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.

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  • Attorney or Licensed Paralegal Practitioner Signature

    Filling this out will place a "/s signed with permission" on your signature line.
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  • Certificate of Service

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