My tenant won't move out, and won't pay the rent either!!

Carollana

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May 7, 2012
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Hi, I am an American renting my apartment to a Dominican in the DR. I want him out of there as he is 2 months behind with payment of his rent. He did not pay a deposit, nor rent upfront so I have nothing to fall back on. He says the law is on his side and I can't throw him out for months, is this true?? Does dominican law say this? Help please!!!
 
Jun 18, 2007
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www.rentalmetrocountry.com
Hi, I am an American renting my apartment to a Dominican in the DR. I want him out of there as he is 2 months behind with payment of his rent. He did not pay a deposit, nor rent upfront so I have nothing to fall back on. He says the law is on his side and I can't throw him out for months, is this true?? Does dominican law say this? Help please!!!

Sorry but you really screwed yourself and yes it will be really tough to get him out of there. Get yourself a good lawyer and good luck!!
 

Ken

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Jan 1, 2002
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mido is right. You need professional help. Where are you? If in the general Sosua area the Guzman firm would be good. They have had experience in dealing with cases like this.

Do not try to handle this on your own. I can't emphasize that enough.
 

Chip

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Jul 25, 2007
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Santiago
One thing you could consider in the interim is calling the electric company and cancelling electrical service and if you have a separate meter for water doing the same for the water.
 

xwill

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Dec 2, 2011
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How is the law on his side? I have heard of people that get them out quick for non payment. You just have to call the right people. Also, everywhere in DR they ask for 3 months deposit minimum... Why on earth did you rent it with no deposit???????
 
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xwill

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Dec 2, 2011
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Corrected for you xwill

You can actually edit your own posts,
 
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sabra

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Jun 16, 2007
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One thing you could consider in the interim is calling the electric company and cancelling electrical service and if you have a separate meter for water doing the same for the water.

Years ago, people we knew had have the same problem. It was a horrible story. At least the owner let remove windows and the entrance door - with the official reason that all this has to be repared.
This worked out.
 

belgiank

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Jun 13, 2009
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How is the law on his side? I have heard of people that get them out quick for non payment. You just have to call the right people. Also, everywhere in DR they ask for 3 months deposit minimum... Why on earth did you rent it with no deposit???????

I never rented here with more than a 2 months deposit...

BelgianK
 

Don Case

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Jun 1, 2011
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You are in deep... As in the US and Europe the renters seem to have more rights than owners.
If possible do as a friend did. I assume the electric is in your name. if so have it cut off. One you get the satisfaction hassling the renter, second when the renter walks away he won't leave you with the bill. He may be able to reinstate but in his own name not yours and in this case you are not responsable for the bill.

Keep in mind that justice as anywhere is very slow.. it could go on for ever.
You could do as another friend did. The minute the renter left for the day he got in with his keys moved every thing out
of the property all furniture and left it empty bare "nada" ... He packed the renters stuff and left it outside. He put a security guard outside and had the the locks changed at the same time. You know what? the renter never was heard of again.
Good luck
 

xwill

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Dec 2, 2011
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You are in deep... As in the US and Europe the renters seem to have more rights than owners.
If possible do as a friend did. I assume the electric is in your name. if so have it cut off. One you get the satisfaction hassling the renter, second when the renter walks away he won't leave you with the bill. He may be able to reinstate but in his own name not yours and in this case you are not responsable for the bill.

Keep in mind that justice as anywhere is very slow.. it could go on for ever.
You could do as another friend did. The minute the renter left for the day he got in with his keys moved every thing out
of the property all furniture and left it empty bare "nada" ... He packed the renters stuff and left it outside. He put a security guard outside and had the the locks changed at the same time. You know what? the renter never was heard of again.
Good luck

That is not legal. This person has to call the right lawyer.
 

Givadogahome

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Sep 27, 2011
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You screwed yourself good, if you play this by the law then he could be still there in a year, and you will only be out of pocket. If I was losing money already I would not be spending more on lawyers to dance around red tape. Is he the type of person to go get a lawyer if you start cutting off electric (I don't even think you can do this legally so be careful if you want to stay the bright side of the law).
If however you move to the dark side and want him out quick, then
[video=youtube;QmKju-x8nnM]http://www.youtube.com/watch?v=QmKju-x8nnM[/video]
he will understand this better than any legal action, and probably act on it much quicker.

Most people will not agree with me, but why should he get a years free rent from you. When in DR act like a Dom, get physical or ask your local PN friend to have a quiet word and pay your tax directly.
 

Ken

Platinum
Jan 1, 2002
13,884
495
83
You are in deep... As in the US and Europe the renters seem to have more rights than owners.
If possible do as a friend did. I assume the electric is in your name. if so have it cut off. One you get the satisfaction hassling the renter, second when the renter walks away he won't leave you with the bill. He may be able to reinstate but in his own name not yours and in this case you are not responsable for the bill.

Keep in mind that justice as anywhere is very slow.. it could go on for ever.
You could do as another friend did. The minute the renter left for the day he got in with his keys moved every thing out
of the property all furniture and left it empty bare "nada" ... He packed the renters stuff and left it outside. He put a security guard outside and had the the locks changed at the same time. You know what? the renter never was heard of again.
Good luck

With all due respect to Don Case, this is a good example of the layman advice that you should not follow unless you are given the same advice by a lawyer who knows what he/she is doing. Cutting off the electricity is a serious business. Some years ago the administrator of our condo was put in jail because he cut off the electricity to an apartment where the owner (a Dominican) was not paying his maintenance fees. That Dominican, like many who play this game, would rather pay a lawyer than their rent or maintenance fees.

Not to single out Dominicans unfairly, but there are many, many stories about Dominican owners who don't pay maintenance fees and Dominican renters who don't make their rent payment. You have a serious problem, more of a problem than in a like situation in your own country, and you do not know the law. Do not, repeat do not, make the situation worse by acting on the ideas thrown at you here. Get an attorney without delay unless you are prepared to have this go on and on.

The only good advice you are going to get in response to your question is to get an attorney.
 

xwill

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Dec 2, 2011
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yes, that is what I had to pay as well...

BelgianK

Someone a few blocks down stopped payment and the owner got them out fast! Cops were involved and everything. I don't know why some say that it is a long process. We all know how things work in DR. If you have propina everything is smoother and faster. I guess if you are a broke owner then you will need to wait the "long process" lol
 

belgiank

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Jun 13, 2009
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I heard it is very difficult to get a renter out, as long as he pays his rent (through banco agricola...). This could be a 2 or 3 year process, so I am told.

But if he does not pay at all, and he has no deposit, or has lived it out, I heard a simple visit to the fiscal could solve the problem.

Good luck to the OP

BelgianK