Eviction Defense in Texas, Georgia, and Maine: What Tenants Need to Know
Savage Lex Team · 2026-08-01
Eviction Defense in Texas, Georgia, and Maine: What Tenants Need to Know
Your landlord wants you out. Maybe you missed rent. Maybe the lease ran out. Maybe they just don't want you there. Whatever the reason, here's what most tenants don't know: your landlord can't change the locks, shut off your water, or dump your stuff on the curb. They have to go to court. And in every state, you get a hearing before anyone makes you move.
This guide covers eviction in Texas, Georgia, and Maine, three states with rules that don't look much alike. I'll walk you through the notices, the deadlines, the forms, and the defenses that actually hold up. This is general legal information, not legal advice. Rules vary by jurisdiction and can change.
The One Rule That's the Same Everywhere
A landlord who tries to force you out without a court order is breaking the law. No lock changes. No removing your belongings. No cutting the power to make you leave. The only legal path runs through a courtroom, and you get notice plus a hearing first.
If your landlord tries the shortcut anyway, document it. Photos, texts, dates. Call the police if someone shows up to physically move you out. In most states you can sue for what they did.
Texas: The Fast One
Texas calls eviction a "forcible detainer" suit, and it moves faster than almost anywhere. Chapter 24 of the Texas Property Code and Rule 510 of the Texas Rules of Civil Procedure run the show.
Step 1: Notice to Vacate (3 Days Minimum)
Before filing anything, the landlord has to give you written notice to vacate. Texas Property Code § 24.005 sets the floor at three days unless your lease says otherwise. Read your lease. Some shorten it, some stretch it out.
If you're behind on rent and you paid on time the month before, the notice has to be a "notice to pay rent or vacate." Pay what you owe before the deadline and the eviction stops cold.
Step 2: The Lawsuit
Stay put past the deadline and the landlord files in the Justice of the Peace court where the property sits. You get served with the papers at least four days before the hearing. The hearing itself lands between 10 and 21 days after they file.
Step 3: The Hearing
Show up. Skip it and the judge enters a default judgment, which means you lose without ever opening your mouth. At the hearing you can raise real defenses: bad notice, rent already paid, serious code violations the landlord ignored, or straight retaliation.
Step 4: After the Judgment
Lose and you get five days to appeal. Skip the appeal and the landlord pulls a writ of possession six days after the final judgment. The constable posts a 24-hour notice, then physically removes you.
Texas at a glance:
| Step | Deadline |
|------|----------|
| Notice to Vacate | 3 days minimum (check your lease) |
| Service before hearing | At least 4 days |
| Hearing | 10–21 days after filing |
| Appeal | 5 days after judgment |
| Writ of possession | 6 days after final judgment |
| Physical removal | 24 hours after the constable posts notice |
Sources: Texas State Law Library – Eviction Process; Texas SLL FAQ; Texas Property Code § 24.005.
Georgia: Watch the 7-Day Clock
Georgia calls it a "dispossessory" action, filed in Magistrate Court (sometimes State or Superior) in the county where the rental is.
Step 1: Demand for Possession
Before filing, the landlord has to demand that you give up possession and leave. Written or verbal counts, but written is a lot easier to prove. The statute doesn't pin a specific number of days on this demand. It just has to happen.
Step 2: The Dispossessory Warrant
Refuse to leave and the landlord files a dispossessory affidavit under oath. A sheriff or marshal serves you. Service can be personal, handed to an adult living with you, or "tack and mail," posted on your door and mailed to you the same day.
Step 3: Your Answer (7 Days)
This is the deadline that decides most Georgia cases. You get seven days from the date of service to file an answer. If day seven lands on a Saturday, Sunday, or holiday, you get the next business day. The clerk has an answer form. Fill it out, or tell the clerk your defenses and they'll write it down for you.
Miss the seven days and the court enters a default judgment. The sheriff removes you. No hearing. No do-over.
Step 4: The Tender Defense
This one wins cases and most tenants have never heard of it. If the eviction is over unpaid rent, you can pay everything the landlord claims plus court costs within those seven days. The landlord has to accept it, once every twelve months. Take it and the eviction dies. You still file an answer telling the court the payment was accepted.
Landlord refuses your money? File an answer saying you offered tender and they turned it down. If the court agrees your offer was proper, it can order the landlord to take the payment and let you stay.
Step 5: Hearing and Appeal
File an answer with a real defense and the court sets a hearing. If the case can't wrap up within two weeks of service, the landlord can ask the court to make you pay rent into the court registry while you wait. Skip those payments and you're out before the hearing ever happens.
Lose and you get seven days to appeal. Want to stay in the unit during the appeal? You pay rent into court every month as it comes due. Miss one and the landlord can remove you.
Sources: Georgia Courts – Landlord/Tenant; Georgia Landlord-Tenant Handbook (PDF); Georgia Legal Aid – How to Answer an Eviction Warrant.
Maine: Slower, and Friendlier to Tenants
Maine calls it "Forcible Entry and Detainer," or FED. Cases land in District Court. The whole thing takes longer than Texas or Georgia.
Step 1: 7-Day Notice to Quit
For unpaid rent, the landlord hands you a 7-Day Notice to Quit under 14 M.R.S. § 6002(1). You have to be at least seven days late before they can send it. The notice states the amount owed and tells you plainly that paying within seven days stops the eviction. Pay before it expires and the notice is void. Done.
The landlord also has to hand you an Information Sheet (form CV-256) listing rental assistance, legal resources, and mediation.
Step 2: Filing and Service
Once the notice period ends, the landlord files a Complaint (form CV-007), a Summons (form CV-034, $5 per defendant), the Information Sheet again, and a Notice Regarding Electronic Service (form CR-CV-FM-255). A sheriff serves you. The hearing has to fall at least 14 days after you're served.
Filing fee is $100. The landlord files the Notice to Quit, the original complaint, the summons with proof of service, a copy of the lease if one exists, and the fee at least three business days before the hearing.
Step 3: The Hearing and Mediation
Maine courts offer mediation on FED cases. Either side can ask, or the judge can send you. Show up and the landlord doesn't, and you may win by default. Don't show up and judgment goes their way.
Step 4: Writ of Possession
Landlord wins and the writ of possession can issue seven days after judgment enters. Once the sheriff serves it, you get 48 hours to move. Stay longer and the sheriff removes you.
Maine also builds in a retaliation presumption. Complain about conditions, call code enforcement, or use a legal right within six months before the filing, and the court presumes the eviction is payback. The landlord has to prove it wasn't.
Sources: Maine Courts – Eviction (FED); Maine Courts – Evicting a Tenant for Nonpayment; 14 M.R.S. § 6001; 14 M.R.S. § 6004.
Defenses That Actually Hold Up
The same defenses win cases across all three states:
- Bad notice. The landlord skipped the required notice, gave you too few days, or delivered it wrong. Texas requires the notice in writing. Maine requires specific statutory language about paying to void the notice. Get this wrong and the case gets dismissed.
- Rent was paid or offered. Bring receipts, bank statements, texts showing payment. In Georgia the tender defense lets you pay everything owed and end the eviction, once a year.
- Retaliation. You complained about mold, called the health department, asked for repairs, and suddenly you're getting evicted. Maine presumes it. Texas and Georgia allow the defense but you carry the proof.
- The place is uninhabitable. Serious code violations the landlord ignored can defend the case, especially where local housing codes require the repairs. Photos, dated complaints, and inspection reports are your evidence.
- The landlord took partial payment. In many courts, accepting rent after filing kills the eviction. Check your state's rule.
What to Do Right Now
Got a notice or a summons? Do this today:
- Read the whole notice. Find the deadline and count the days yourself. In Georgia the seven-day clock starts on the date you were served, not whatever date is printed on the paper.
- Pull your lease. It can change the notice period in Texas or add extra steps anywhere.
- Collect your evidence. Lease, rent receipts, bank statements, photos of the unit, texts with the landlord, every repair request you ever sent.
- File your answer on time. In Georgia, blowing the seven-day window is the top reason tenants lose. In Texas, show up to the hearing. In Maine, answer the summons.
- Call legal aid. Every state has free help for tenants facing eviction. Texas has Texas Tenant Advisor. Georgia has Georgia Legal Aid. Maine has Pine Tree Legal Assistance. Call the day you get served.
FAQ
Can my landlord evict me without going to court?
No. In Texas, Georgia, and Maine the landlord has to file a court action and get a judge's order. Lockouts, utility shutoffs, and tossing your property without a court order are all illegal.
How many days do I have to respond?
Texas: the hearing is 10–21 days after filing, and you're served at least 4 days before it. Georgia: 7 days to file an answer. Maine: the hearing is at least 14 days after service.
What happens if I miss the deadline?
The court enters a default judgment. The landlord gets a writ of possession and law enforcement removes you. You never get to present your side.
Can I stop the eviction by paying what I owe?
Georgia: yes, the tender defense lets you pay all owed rent plus court costs once every 12 months. Maine: paying within the 7-day notice period voids the notice. Texas: if you got a "notice to pay rent or vacate," paying before the deadline stops the filing.
Do I need a lawyer?
You don't have to. Plenty of tenants go it alone. But eviction is fast and a lawyer spots defenses you'll walk right past. Call legal aid first. It's free and they do this every day.
Will an eviction on my record hurt me later?
Yes. Eviction judgments are public and future landlords check. If you can work out a move-out agreement before the judgment enters, it can help. Get it in writing.
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General legal information, not legal advice. Rules vary by jurisdiction and can change. This article reflects the law as of mid-2026. For your situation, talk to a licensed attorney or your local legal aid office.