My tenant is not paying the rent....

d3ratch

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Apr 3, 2004
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Hello

To all the experts on here


I need help or advise please.

I own a condo in El Corticito area in Punta Cana and have had someone live in the apartment for the last 6 years. He was a great tenant, he also owns an apartment in another complex that he rented out. But with all that is going on with the world money crisis… he was unable to rent his apartment anymore. So he decided to move into his own place.

The problem is:

My tenant never notified me that he was moving out, then he had his friend move into my apartment. Now this person is having problems paying the rent on time and sometimes not.

My question is: Legally what can I do to get rid of this person? Can I just change the locks? Plus - this person is causing problems with his dog. Had I known he had a dog, I would not have let him move in.

Any advice would be great…. Or pls maybe lead me to a thread where this situation has been discussed.

Many tx for your help.

Rachel
 
Last edited by a moderator:

Ken

Platinum
Jan 1, 2002
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It sounds like you handled the rental yourself. Did the original tenant sign a contract? If so, what are the terms? Is subletting permissible?

You say that if you had known the present tenant had a dog that you would not have let him move in. That sounds like you knew the original tenant had moved out and permitted the friend to move in. Am I misinterpreting something?

What do the rules of your condo complex say about pets, noise that disturbs others, etc?
 

d3ratch

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Apr 3, 2004
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Thanks for the replies

Was hoping not to have to involve lawyer$.

What rights do the landlords have?<O:p</O:p

First: This person moved in without my permission.<O:p</O:p
Second: He is not paying the rent on time... and I have to run for it... by emails and phone calls.<O:p</O:p


Ken2<O:p</O:p
I had no clue the new person had moved in, I found out after he had moved in with all of his stuff. Plus he had a pet.<O:p</O:p
As for The dog issue at the condo complex, the rules are: Dogs must be on a leash which he ignores totally…. So the dog is free to roam wherever.
<O:p</O:p
Surely landlords can do something without having to get a lawyer involved.<O:p</O:p

Tx for the help
 

Hillbilly

Moderator
Jan 1, 2002
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Like I said: LAWYER!

Don't you understand English? This is not like any other country where you have lived. You could try and do it yourself: Go file a formal complaint against your original tenant for "abuso de confianza" since it was he that allowed the second fellow to use your property. Then get the prosecutor to issue you an "Orden de desalojo"...and in a month or so you might get results. If you cannot understand what I wrote in Spanish, then get a Lawyer!!!

Hb
 

Ken

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Jan 1, 2002
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Like I said: LAWYER!

Don't you understand English? This is not like any other country where you have lived. You could try and do it yourself: Go file a formal complaint against your original tenant for "abuso de confianza" since it was he that allowed the second fellow to use your property. Then get the prosecutor to issue you an "Orden de desalojo"...and in a month or so you might get results. If you cannot understand what I wrote in Spanish, then get a Lawyer!!!

Hb

Hillbilly is right. Tenants have more protection in this country than in many others. As soon as you discovered the original tenant had moved out and somebody else moved in, that is when you should have booted him out. But apparently you have been accepting the rent payments and treating him like a legitimate tenant. So now you would be well advised to consult a lawyer.
 

La Mariposa

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Jun 4, 2004
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Hillbilly is right. Tenants have more protection in this country than in many others. As soon as you discovered the original tenant had moved out and somebody else moved in, that is when you should have booted him out. But apparently you have been accepting the rent payments and treating him like a legitimate tenant. So now you would be well advised to consult a lawyer.

Here in Canada (Province of Quebec) the tenants have toooooooo much protection, they know it, they use it and abuse of it.
About the OP problem, I thought and still think as you do Ken2, the OP treated him like his tenant.
 

guarapo

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Mar 29, 2011
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I would say, since the actual ?tenant? does not have a contract, you might change the lock. The appartment is yours, so you can do it when ever you disire. The only thing that legalize someone to live in your house is a contract.
 

La Mariposa

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Jun 4, 2004
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I would say, since the actual ?tenant? does not have a contract, you might change the lock. The appartment is yours, so you can do it when ever you disire. The only thing that legalize someone to live in your house is a contract.

A contract does not mean a written agreement. Of course theres exceptions to the rule.

I don't think that in this case the exception applies
 

Ken

Platinum
Jan 1, 2002
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Don't base your decision on legal advice re locking out the renter, etc., given by any but Fabio Guzman, the lawyer who answers questions in this section, or the lawyer you consult.
 

d3ratch

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Apr 3, 2004
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TX all

YES... not booting the person at the begginning... i accepted him to stay in the appartment. I tought all was good.

Sure hope Fabio Guzman takes a look at my thread.

again many tx for all your inputs.

I will keep you posted ; )

R
 

cobraboy

Pro-Bono Demolition Hobbyist
Jul 24, 2004
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TX all

YES... not booting the person at the begginning... i accepted him to stay in the appartment. I tought all was good.

Sure hope Fabio Guzman takes a look at my thread.

again many tx for all your inputs.

I will keep you posted ; )

R
Why not go pay for a consultation? You'll be needing a lawyer most likely anyway...
 

Caribe

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May 11, 2011
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Hillbilly is right. Tenants have more protection in this country than in many others. As soon as you discovered the original tenant had moved out and somebody else moved in, that is when you should have booted him out. But apparently you have been accepting the rent payments and treating him like a legitimate tenant. So now you would be well advised to consult a lawyer.

Assuming common law applies, what you did by accepting "any" rent from the new tenant is "waived the breech." Look that term up in a legal dictionary. Your previous tenant is, therefore, absolved from any legal responsibility to you. And, the new guy has an implied lease agreement with you. He can (and likely will) contend that he understood the terms to be X,Y,Z when in fact your objective was probably just to get the rent payment, so you can take care of the mortgage payment, if any.

A standard eviction will apply, but you should not be here asking these questions. The only reason not to involve an attorney is that you "know" how to take care of these issues yourself. The lawyer will cost only a couple hundred USD, and your apartment will become vacant again. So, why waste time with us... do what you have to / need to do.

Best,
 

Hillbilly

Moderator
Jan 1, 2002
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Typical First World thinking.

Your first four words, "Assuming common law applies...", is totally wrong.

THERE IS NO COMMON LAW IN THE DR!!

This place runs on the Napoleonic Code and all subsequent modifications, NOT common law.

So we go back to the original suggestions from me and many others: GET A LAWYER!! EOS, FINI.


HB
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
"... then he had his friend move into my apartment. Now this person is having problems paying the rent on time and sometimes not."

If you have accepted rent from "this person", it may well be that you've implicitly accepted him as a sub lessee and what you have is a verbal sublet. I say "it may well be" because this is factual situation the details of which I do not know.