Rule 509.7.Counterclaims
Last verified June 28, 2026
In one sentenceRule 509.7 bars counterclaims and the joinder of suits against third parties in repair-and-remedy cases, and provides that a compulsory counterclaim is not waived by leaving it out.
Full Text of Rule 509.7
Counterclaims and the joinder of suits against third parties are not permitted in suits under these rules. Compulsory counterclaims may be brought in a separate suit. Any potential causes of action, including a compulsory counterclaim, that are not asserted because of this rule are not precluded.
End
Plain-English Summary
Rule 509.7 keeps repair cases narrow. Counterclaims and the joinder of suits against third parties are not permitted in a suit under these rules. Because a party cannot bring a compulsory counterclaim here, the rule preserves it — leaving it out does not waive it for a later, proper proceeding.
Frequently Asked Questions
Can a landlord countersue in a Texas repair and remedy case?
No. Rule 509.7 bars counterclaims and third-party joinder in these cases, but a compulsory counterclaim is not waived by being left out.
Can a landlord bring in another party as part of a repair and remedy case?
No. Rule 509.7 bars the joinder of suits against third parties in these cases.
Where can a landlord bring a compulsory counterclaim barred from a repair and remedy suit?
In a separate suit. Rule 509.7 lets the counterclaim go forward there without being lost for leaving it out here.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 509.7), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: counterclaims repair caseno counterclaims repair and remedyjoinder of third parties barredseparate suit counterclaimTRCP 509.7