Eviction Defense in California, Georgia, and Vermont: What Tenants Need to Know

Savage Lex Team · 2026-08-14

Eviction Defense in California, Georgia, and Vermont: What Tenants Need to Know

Your landlord posted a notice on your door. Maybe it's a 3-day notice to pay rent in California, a dispossessory warrant in Georgia, or a termination notice in Vermont. That panic hits fast: Am I about to lose my home?

Here's the good news: you have rights, you have time, and you have options. The key is knowing what to do and when. Miss a deadline, and you lose the chance to fight. Act fast, and you might stop the whole thing.

The Process Looks Different in Every State

Eviction isn't one-size-fits-all. California, Georgia, and Vermont each have their own rules about notices, response deadlines, and defenses. What works in one state could get you thrown out in another.

This guide walks you through all three states so you know exactly what to expect and what to do about it.

California: You Have 5 Business Days to Respond

California takes tenant protection seriously. The state has a "just cause" eviction requirement under the California Tenant Protection Act (AB 1482), which means your landlord can't evict you just because they feel like it—especially if you've lived there more than a year.

What Your Landlord Must Do First

Before filing an eviction lawsuit, your landlord must give you a written notice. The type depends on why they want you out:

3-Day Notice to Pay or Quit: 3 days to pay overdue rent or move out. Those 3 days are business days—weekends and court holidays don't count.
3-Day Notice to Perform or Cure: 3 days to fix a lease violation (like a pet that's not allowed) or move out.
30-Day or 60-Day Notice to Quit: Your lease has expired, or you've lived there less than one year (30 days) or more than one year (60 days).

The notice must be hand-delivered, posted on your door and mailed, or mailed to you. An email or text doesn't cut it.

Your Response Deadline: 5 Business Days

If your landlord files an eviction lawsuit (called an "unlawful detainer" in California), you'll be served with court papers. You have 5 business days to file a response.

Form: Answer – Unlawful Detainer (form UD-105)
Additional space: Attachment (form MC-025) if you need more room
Where to file: The court clerk's office in the county where the property is located
What happens if you miss the deadline: The landlord gets a default judgment, and the judge decides your case without hearing from you

Key Defenses in California

Retaliatory eviction (you reported code violations, and now you're being evicted)
Discrimination (race, gender, disability, source of income)
Landlord failed to maintain habitable conditions
Landlord didn't follow proper notice procedures
Rent increase violations under AB 1482

California Bottom Line

Act within 5 business days. File form UD-105. Don't skip this—if you miss the deadline, you lose your chance to have a say.

Georgia: 7 Days to Answer a Dispossessory Warrant

Georgia calls evictions "dispossessory proceedings." The process moves fast, and the deadlines are unforgiving.

What Your Landlord Must Do First

Georgia law requires your landlord to demand that you vacate the property before filing an eviction lawsuit. This demand can be written or verbal, but it's easier for your landlord to prove if it's in writing.

If you don't leave after the demand, your landlord files a "dispossessory affidavit" (the eviction warrant) in magistrate court. A marshal or sheriff then serves you with the warrant, either in person or by tacking it to your door and mailing you a copy.

Your Response Deadline: 7 Days

Once you're served, you have 7 days to file an answer. If the 7th day falls on a weekend or holiday, you get the next business day.

Oral answer: Tell the court clerk your reasons, and they'll write it down for you
Written answer: File your own written response with the court

Georgia's Tender Defense: Pay What You Owe Within 7 Days

Georgia has a powerful protection called the "tender defense." If you're being evicted for nonpayment and your landlord hasn't filed another dispossessory in the past 12 months, you can offer to pay all the rent you owe—plus late fees and court costs—within the 7-day answer period.

The landlord is required to accept this payment. If they refuse, you still have a defense. File an answer stating that you offered to pay and the landlord refused. The court can order the landlord to accept your payment and let you stay.

Important: This defense only works once every 12 months.

Key Defenses in Georgia

Tender defense (pay all rent owed within 7 days)
No written demand from landlord before filing
Landlord didn't follow proper service procedures
Landlord cut off utilities or changed locks (illegal self-help eviction)
You didn't actually violate the lease
Month-to-month tenancy without 60-day notice

Georgia Bottom Line

You have 7 days. If you can pay what you owe, do it within that window. If not, file an answer explaining why you shouldn't be evicted. Get help from Georgia Legal Aid if you need it.

Vermont: 21 Days to Answer, and You Can Pay Up Until the Sheriff Arrives

Vermont has some of the strongest tenant protections in the country. The state takes the eviction process slowly, and you have multiple chances to fix the problem.

What Your Landlord Must Do First

Your landlord must give you a written termination notice before filing an eviction case. The notice must:

Be in writing
Include the reason for eviction
Include the date you must move out

The notice period varies:

Nonpayment: 14 days (30 days for properties covered by the CARES Act)
No cause, month-to-month tenancy, less than 2 years: 60 days
No cause, month-to-month tenancy, 2+ years: 90 days
In Burlington: 90 days regardless of tenure

Your landlord must file the eviction case within 60 days after the termination date on the notice. If they miss that window, they have to start over with a new notice.

Your Response Deadline: 21 Days

After you're served with the eviction complaint, you have 21 days to file a written answer. If the landlord also filed a Motion for Rent Escrow (asking you to pay rent into court during the case), and you attend that hearing, your answer deadline extends to 14 days after the rent escrow hearing.

Form: Use the court's Answer form or write your own
Where to file: Civil Division of the Superior Court in your county

Vermont's Redemption Right: Pay Up Until the Sheriff Comes

Vermont has a powerful protection: you can pay all rent and costs into court at any time before the sheriff executes the Writ of Possession—that means after the trial, after the judgment, even after the writ is served. You just have to beat the sheriff to the door.

This "right of redemption" works once every 12 months.

Key Defenses in Vermont

Landlord failed to give proper written notice
Landlord filed the case before the termination date
Landlord filed more than 60 days after the termination date
Landlord didn't attach required documents to the complaint
Retaliatory eviction
Discrimination
Landlord failed to maintain habitable conditions

Vermont Bottom Line

You have 21 days to answer. But even if you lose at trial, you can still pay up and stay—right up until the sheriff shows up to enforce the writ. Don't give up.

Side-by-Side Comparison

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What to Do Right Now

Read every document carefully. The notice you received has deadlines. The court papers you're served have deadlines. Miss one, and you lose your right to fight.

File your response immediately. Don't wait until day 5, 7, or 21. File it on day 1 if you can. Courts can be unpredictable, and you don't want to scramble at the last minute.

Gather your evidence. Take photos of any maintenance issues. Save texts, emails, and letters from your landlord. Pull your lease agreement. If your landlord didn't follow proper procedures, that's a defense.

Get help. Legal aid organizations exist in every state:

California: LawHelpCA.org or visit www.oag.ca.gov/housing
Georgia: GeorgiaLegalAid.org or call 1-866-432-4453
Vermont: VTLawHelp.org or Vermont Legal Aid at 1-800-889-2047

Show up to court. If you miss your hearing, you lose automatically. Be on time, bring your evidence, and be prepared to speak.

Common Mistakes That Cost People Their Homes

Ignoring the notice. That notice on your door isn't a suggestion. It's the first step in a legal process. Read it, understand the deadline, and act.

Waiting to respond. Courts don't care that you were busy. The deadline is the deadline.

Not showing up to court. Even if you filed an answer, if you don't appear for the hearing, the judge can rule against you.

Assuming your landlord has to accept rent late. In most states, late rent is grounds for eviction. Georgia's tender defense only works once per year. Vermont's redemption right also has limits.

Fighting an eviction for the wrong reasons. "My landlord is mean" isn't a legal defense. "My landlord didn't follow the notice requirements" is.

What If You Lose?

Losing an eviction case isn't the end—but it's serious.

California: The sheriff can post a Notice to Vacate. You have a few days before lockout. The eviction may show on your credit report for 7 years.
Georgia: A writ of possession is issued. The marshal can remove you. You have 7 days to appeal.
Vermont: The court issues a Writ of Possession, valid for 60 days. You have 14 days to vacate after service. You can request a stay of the writ within 14 days of the judgment.

In all three states, you can appeal if you think the judge got it wrong. But appeals require staying on top of deadlines and sometimes paying rent into court during the appeal process.

The Bottom Line

Eviction doesn't mean you're out of options. It means you're in a legal process, and you need to follow the steps. Know your state's deadlines. File your response. Get help if you can. Show up to court.

Your landlord has lawyers and experience. You have the law on your side if you use it.

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General legal information, not legal advice. Rules vary by jurisdiction and can change. Consult an attorney for your specific situation.

Sources:

California Courts Self Help Guide: selfhelp.courts.ca.gov/eviction-tenant
California Attorney General – Know Your Rights: oag.ca.gov/housing
Georgia Courts Landlord-Tenant Resources: georgiacourts.gov/a2j/self-help-resources/landlord-tenant
Georgia Legal Aid – Eviction: georgialegalaid.org/eviction
Vermont Judiciary – Eviction Process: vtcourts.gov/civil/eviction-process
Vermont Law Help – Eviction Court Process: vtlawhelp.org/eviction-process