Tenant Defenses to Evictions in Utah

Tenants in Utah can be evicted for a number of different reasons, including not paying rent or violating a portion of the lease or rental agreement. This article looks at the eviction process in Utah and some common defenses available to tenants who are considering fighting an eviction for not paying rent or violating the lease agreement.

Utah Eviction Process

The rules regarding evictions are spread throughout the Utah Code. Landlords can only evict a tenant after filing an eviction lawsuit, called an unlawful detainer suit, and receiving a court order. Before filing the lawsuit, the landlord must give the tenant notice and an opportunity to correct the violation, if possible.

Notice Requirements for Failure to Pay Rent

After a tenant fails to pay rent, a landlord is required to give the tenant at least a three-day notice to either pay the rent or move out of the rental unit. If the tenant still does not pay the rent within the three-day time period, then the landlord can file the unlawful detainer suit with the court. The landlord cannot file the eviction with the court, though, if the tenant pays the rent within the three-day time period (see Utah Code Ann. § 78B-6-802(1)(c)).

Notice Requirements for Lease Violations

A landlord can also evict a tenant for failing to comply with the terms of the lease agreement, such as throwing loud parties during regulated quiet hours or having a pet when none are allowed. Before filing the eviction lawsuit, though, the landlord must provide the tenant with a three-day notice that details the lease violation and allows the tenant to correct the violation or move out of the rental unit within three days. If the tenant does not move or correct the violation, then the landlord can proceed with the eviction lawsuit (see Utah Code Ann. § 78B-6-802(1)(h)).

Eviction Process

If the tenant does not comply with the three-day notice, then the landlord can proceed to court and file an eviction lawsuit. The landlord must file a summons and complaint with the district court of the county where the rental unit is located. The tenant will receive a copy of the summons and complaint after the landlord files the paperwork. The summons will have a time and date for a hearing before a judge. If the tenant wishes to defend against the eviction, the tenant will have to file an answer to the complaint within the time frame stated on the summons, typically three days. The tenant must then appear at the hearing. At the hearing, the judge will listen to both sides of the case and make a final decision regarding the eviction (see Utah Code Ann. § § 78B-6-802 and 78B-6-807).

The tenant may find that challenging the eviction is not always the best option. A tenant who loses might have to pay the landlord's court and attorney's fees. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to negotiate a deal with the landlord outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. Themediation faqs on the Nolo site provide more information on the subject.

Eviction Defenses in Utah

Tenants who choose to fight an eviction in Utah may have several legal grounds for doing so.

Landlord Attempted a "Self-Help" Eviction

A landlord must receive a court order before actually evicting a tenant. It is illegal for the landlord to attempt to force the tenant to leave the rental property by any other means. This type of an eviction is often referred to as a "self-help" eviction. Examples of a "self-help" eviction include shutting off the water or power to the rental unit or changing the locks on the doors (see Utah Code Ann. § 78B-6-814). If the landlord attempts a "self-help" eviction, the tenant may be able to sue the landlord for damages. For more information on "self-help" evictions, see Nolo's article Illegal Eviction Procedures in Utah.

Landlord Did Not Follow Proper Eviction Procedures

A landlord must follow all the regulations set forth in the Utah code when attempting to evict a tenant. If the landlord does not comply with all the rules, the tenant may be able to use that as a defense against the eviction. For example, the landlord is required to give the tenant three days to pay the rent before filing the eviction lawsuit. If the landlord just files the lawsuit without giving the tenant notice, the tenant can use lack of notice as a defense to the lawsuit. This would stop the eviction lawsuit, and the landlord would be required to give the tenant proper notice. Then the landlord would be able to re-file the lawsuit. Keep in mind that this defense will not completely stop a justified eviction; it will merely delay it. As soon as the landlord corrects the deficient procedure, the eviction will proceed.

Landlord Evicted Tenant for Not Paying Rent

A tenant who has not paid the rent may have a defense available if the landlord attempts to evict the tenant on this basis.

Tenant Paid Rent in Full

Utah law requires a landlord to give a tenant at least three days to pay rent after the tenant fails to pay rent on time. If the tenant pays the rent within the three-day time period, the landlord must not proceed with the eviction lawsuit (see Utah Code Ann. § 78B-6-802(2)). The tenant should ask for a time-stamped receipt to prove the rent was paid in the appropriate time frame. This way, if the landlord proceeds with the lawsuit anyway, the tenant can use the receipt as a defense that rent was paid within the appropriate time frame.

Landlord Did Not Maintain the Rental Unit

The Utah Fit Premises Act sets out the rules and regulations a landlord must follow to provide a tenant with a safe, sanitary, and habitable rental unit. According to the act, the landlord must:

• maintain common areas in a sanitary and safe condition
• maintain electrical systems, heating and air conditioning, appliances, and plumbing, including hot and cold water, and
• provide garbage and waste receptacles and removal of garbage and waste, unless agreed to otherwise.

See Utah Code Ann. § 57-22-4.

If the landlord fails to maintain the rental unit, the tenant has a few options available. First, the tenant must provide the landlord with a written notice, which must include the following:

• a description of the deficient condition
• a time period for the landlord to fix the deficiency (24 hours if it is a dangerous condition, three days if it is one of the deficiencies outlined above, and ten days if it is something else that was agreed to in the rental agreement)
• the remedy that the renter has chosen if the landlord does not fix the deficiency, and
• permission for the landlord to enter the rental unit to fix the deficiency.

See Utah Code Ann. § 57-22-6(2).

If the landlord fails to fix the problem in the rental unit, the tenant has two options available:

1. The tenant can choose to not pay rent as of the date of the notice given to the owner. The lease agreement will then terminate at the end of the time period given in the notice. The landlord will be required to immediately pay to the tenant the security deposit and any prepaid rent.
2. The tenant can also choose to repair the deficiency and deduct the amount of the repair from the rent. If the tenant chooses this option, the repair must not exceed two months' rent. The tenant must provide the landlord with all the necessary receipts for the repair.

See Utah Code Ann. § 57-22-6(4)(a).

If the tenant caused the problem with the rental unit, either willfully or negligently, the tenant is not entitled to these remedies and the landlord is not required to fix the problem (see Utah Code Ann. § 57-22-6(4)(b)).

Landlord Evicted Tenant for a Lease Violation

Before filing an eviction lawsuit based on a lease violation, the landlord must provide the tenant with three days to correct the violation. If the tenant corrects the violation within the three-day time period, the landlord must not proceed with the eviction (see Utah Code Ann. § 78B-6-802(2)). If the landlord proceeds with the eviction anyway, the tenant can use evidence that the violation was corrected as a defense against the eviction.

Landlord Evicted Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, the Utah Fair Housing Act also makes it illegal for a landlord to discriminate against a tenant based on color and source of income. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Utah

Utah has several legal aid societies that provide free or low-cost legal assistance to those who qualify based on income, including Utah Legal Services. Utah Legal Services also provides free online resources for people who need help with a variety of different housing issues. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Evictions are filed with the district court of the county where the rental property is located. Utah provides an online directory for you to look up the information for your county's district court. The Utah court system also provides very helpful online resources related to the eviction process.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo's Lawyer Directory for Utah lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo).