Legal Question in Landlord & Tenant Law in Texas
I'm being sued in small claims court for supposedly unpaid rent. I plan to counter sue. After investing the property, I have discovered the the wife is listed as the owner, my lease has only the husband name on it and I'm being sued by the wife. Is my lease even valid in court if the actual owner, the wife is not listed on my contract? I'm confused as to who I should file my counter claim against?
1 Answer from Attorneys
In Texas, property owned by a husband or wife is generally community property no matter with whom you have the lease or who is on the title of the house. So, either or both parties can sue you. If you have not paid the rent, what would be your counterclaim? Regardless, make the counterclaim against the party who has sued you and for good measure, include the husband in the suit.
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