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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33802
Experience:  15 years practicing attorney, JD, BA, MBA
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I own a rental (TX) that was rented out last year. I had a

Customer Question

I own a rental (TX) that was rented out last year. I had a DBA name as the Landlord. I've had the DBA since 2003 and didn't realise that it had expired. The tenant broke the lease and I filed a small claims action for breach of contract. Can I defend this in my own name? Should I reinstate/renew the DBA? The former tenant has filed a counterclaim stating that the DBA should not be allowed to sue as its expired. Any thoughts? Is there a way to rectify this before going to court?
Submitted: 11 months ago.
Category: Business Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the DBA has expired, then it legally doesn't exist and therefore can't pursue a legal claim in court.. So you would have to get it reinstated prior to the judge hearing the case so that you can make the counterclaim moot because the DBA has been reinstated and can legally pursue the claim against the tenant.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
I apologise, I did not intend to request a phone call.
Expert:  Barrister replied 11 months ago.

I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer.

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If you would prefer, I can opt out and open the question to other experts who might be willing to engage in a personal phone call..

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Just let me know..

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.thanks

Barrister

Customer: replied 11 months ago.
Thanks Barrister, After reinstating the DBA, would I have to file an Amended Complaint or will the reinstatement be sufficient?
Expert:  Barrister replied 11 months ago.

That is the iffy part... a judge might rule that since the initial complaint was filed while the DBA was expired, it was defective from the beginning so it would have to be filed again. Or the judge could rule that was a procedural defect that was remedied by reinstating..

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But if it were me, I would just go ahead and either refile entirely or at least file an amended complaint so there isn't an issue for the defendant to potentially get the case thrown out and force the delay of you having to start all over again.

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thanks

Barrister

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