Quitta v. Fossati

OPINION

SEERDEN, Justice.

This suit arose out of the lease of a house to David and Jeanie Fossati, the tenants, by Nancy Calhoun, one of the landlords. Appellants, Calhoun’s successors in interest and co-landlords, filed suit seeking recovery of payments due under the lease. Appellees, the tenants, counterclaimed under the D.T.P.A. From a judgment in favor of the tenants, the landlords appeal. We reverse and remand.

Calhoun, Dean Quitta, and Sarah Blinker each originally owned an undivided one-third interest in the house. Calhoun took the responsibility for leasing the property on behalf of the…