Construction on house with tenants living there, legal?

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laurajane

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May 23, 2005
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A family member of my husband is being driven to tears because the owner of the house she rents has decided to start construction on a second level directly above her house. She was given two days notice that there would be some noise and that it might be a good idea to look for another property, this was after she renewed her 12 month contract only a few months ago. This lady has two small children like myself and apart from the noise the owner, contractor and workers are constantly walking across her area of house and they seem to think they can access inside of the house whenever they want to and have even drilled a large hole in her bathroom ceiling. Yes ok she could move, but as we all know even if she gets her deposits back moving costs alot of money and she can not just move anywhere, it would take time to find a property for her needs.

Is this legal?
 
M

mido

Bronze
May 18, 2002
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Justice in Dominican Republic explained briefly:

You have lots of money = everything you do is legal
You have some money = some things you do are legal
You have no money = you are totally illegal

Sad, but that's how it works here and in many other developing countries as well.
 
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Givadogahome

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Sep 27, 2011
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It does not matter legal or not, nothing will get done before they are finished, and even then without authority/money.
If she is happy there in general my advice (make of that what you will) would be to get a few pictures or some noisey video of the them, approach the landlord telling him you are vacating the place while they are making so much mess and noise, and so will not be paying rent until this mess and noise stops. They certainly can not enter her property, at all.
Lock up and go and stay with a friend for two or three weeks, withhold rent until you have reclaimed your time and moved back in, explain this to him, rent will commence once they are done.
If he is reasonable he will agree to this and if he is Dominican he will have the builders finished and off there double quick time. I think that might be your best line of fire, at least you lose nothing and are only paying for actual time there not his unfortunate lack of professionalism. Double check the contract to see if it has anything about notice required for this kind of thing.
Sometimes you just need to deal with the unfortunate things in life, like this.
Good luck.
 
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Givadogahome

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Sep 27, 2011
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rubio_higuey said:
That construction is probably not a two or three week gig
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We don't know do we?
If they were going to finish the entire project in one push then probably not, but I rarely see a push from blockwork to roof to interior in one push. Especially if the first floor has been finished for a while, and not the entire house completed in one push originally.
We can't say though can we, we have no specifics, I have nothing else to offer:lick:

Actually rereading it he did mention it would be best if she moved, so you are probably correct by the sounds of things and he is planning work in the longer term.
 
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jrjrth

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Mar 24, 2011
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Givadogahome said:
It does not matter legal or not, nothing will get done before they are finished, and even then without authority/money.
If she is happy there in general my advice (make of that what you will) would be to get a few pictures or some noisey video of the them, approach the landlord telling him you are vacating the place while they are making so much mess and noise, and so will not be paying rent until this mess and noise stops. They certainly can not enter her property, at all.
Lock up and go and stay with a friend for two or three weeks, withhold rent until you have reclaimed your time and moved back in, explain this to him, rent will commence once they are done.
If he is reasonable he will agree to this and if he is Dominican he will have the builders finished and off there double quick time. I think that might be your best line of fire, at least you lose nothing and are only paying for actual time there not his unfortunate lack of professionalism. Double check the contract to see if it has anything about notice required for this kind of thing.
Sometimes you just need to deal with the unfortunate things in life, like this.
Good luck.
Click to expand...

~With all due respect....why should she have to live like that without even prior knowledge of this event even transpiring. She should have been given notice when she re-did her tenant agreement and had the opportunity to make her own decision whether to stay or go!!!!!!!!!!

THAT IS WHAT IS WRONG WITH EVERYONE NOW A DAYS....WE ARE TOO DAMN COMPLACENT..."Well we can't do anything to change it"...Bull$hit!!! we need to start standing up for our rights across the board instead of sitting on our a$$es and doing nothing except to accept all the wrong that is being done to everyone across the world...............when are we going to make a change!!!!!!!!!!!!

~Sorry this is my second tangent of the day!!!!!!!!!!! I am just so sick of the "Oh well we can't do anything about it attitude" its really disgusting me!!!!!!!!!
 
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Givadogahome

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Sep 27, 2011
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jrjrth said:
~With all due respect....why should she have to live like that without even prior knowledge of this event even transpiring. She should have been given notice when she re-did her tenant agreement and had the opportunity to make her own decision whether to stay or go!!!!!!!!!!

THAT IS WHAT IS WRONG WITH EVERYONE NOW A DAYS....WE ARE TOO DAMN COMPLACENT..."Well we can't do anything to change it"...Bull$hit!!! we need to start standing up for our rights across the board instead of sitting on our a$$es and doing nothing except to accept all the wrong that is being done to everyone across the world...............when are we going to make a change!!!!!!!!!!!!

~Sorry this is my second tangent of the day!!!!!!!!!!! I am just so sick of the "Oh well we can't do anything about it attitude" its really disgusting me!!!!!!!!!
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By all means tell us how she should approach this situation and win with or without substantial finances? I am all ears/eyes:beard:

What is right and what is not right does not translate in DR, I thought this was general understanding to most living in the country. Adapting to a rustic moral attitude is sometimes all that keeps you sane, otherwise banging your head against brick wall would take its toll.
 
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rubio_higuey

Gold
Feb 7, 2007
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if this was a long term gig ... I would just stay there, keep looking for new place, not pay rent even if it was over the deposit amount, not allow them access inside the house, not pay LUZ etc...especially the last invoice of LUZ I would rack up the charges, AC on full, etc. ... the owner of the place has to foot the bill ..and the bill is due 30 days after the invoice date, so ... Plus take everything that can be taken away, light blubs, door knobs, etc. this would be a typical Dominican approach.
 
Hillbilly

Hillbilly

Moderator
Jan 1, 2002
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Can you say "L A W Y E R" ????

You get a lawyer, you get a judge to get a stay. You go to the Ayuntamiento and see if the plans have been approved with you living in the house. and Work stops...

TRy it, it can't hurt. File a suit for damages and violation of the lease contract, (unless of course there is a clause in that contract that says that the owner can remodel/construct/ do whatever)....

HB
 
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Ringo

On Vacation!
Mar 6, 2003
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Hillbilly said:
Can you say "L A W Y E R" ????

You get a lawyer, you get a judge to get a stay. You go to the Ayuntamiento and see if the plans have been approved with you living in the house. and Work stops...

TRy it, it can't hurt. File a suit for damages and violation of the lease contract, (unless of course there is a clause in that contract that says that the owner can remodel/construct/ do whatever)....

HB
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LJ. You have been here long enough to know the answer as HB states.

READ the lease and get, as HB puts it, a "L A W Y E R".
 
L

laurajane

Bronze
May 23, 2005
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www.thecircusofdreams.com
I will talk to her, but allthough she is being driven mad I think she also has the same thinking as many "whats the point in even trying". Her husband says the contract states that if they move out prior to the 12 month contract ending the deposit is unrefundable, so maybe its the owners way of making a few dollars out of them as they said "it maybe a good idea to look for somewhere else as there will be alot of noise", they havent officially asked her to move.

I think it is best to advise her to have a personal talk with the owner to express her concerns to see if a agreement can be made between them before going in all guns blazing.

Thanks peeps!
 
B

belmont

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Oct 9, 2009
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Hillbilly said:
Can you say "L A W Y E R" ????

You get a lawyer, you get a judge to get a stay. You go to the Ayuntamiento and see if the plans have been approved with you living in the house. and Work stops...

TRy it, it can't hurt. File a suit for damages and violation of the lease contract, (unless of course there is a clause in that contract that says that the owner can remodel/construct/ do whatever)....

HB
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Or simply stop paying rent to the landlord, but do not vacate. Instead deposit the rent at Banco Agricola and serve notice that you are prevented from "the peaceful enjoyment" of the premises. With no rent and no right to eviction, the lanlord will get motivated. Request a hearing for equitable distribution of escroowed rent held. I'm sure he will request that hearing even if you don't.
 
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