Recoverying my villa from Letting Agents

A

angelforce

New member
Aug 9, 2006
2
0
0
Hello,
I own a villa in the DR but currently live in the UK. Just over a year ago I approached a well known letting agency in Sosua to help me maintain and let out my villa. An agreement was signed with the agency. Soon after, one of the partners of that agency moved into the villa with his family. The understanding was that he was building his own house close by within the same gated community. The let would be for between six months and a year - to allow for completion of his own house. I refused to sign the tenancy agreement they drew up as it was in Spanish and they would not forward an English version to my lawyers.
The gentleman in question completed his house, sold it and is now refusing to move out of my villa, saying he needs another 18 months to build another house. The agency will not respond to my e-mails, and my lawyer tells me it may take years to get them out. I am anxious to regain control of my property as I have a family event planned for this Christmas - I have as yet not been able to spend a single night in the property.

Can anyone advise me of my legal rights - surely as I entrusted the property to the agency, they are in breach of contract in refusing to hand it back to me.

Thank you.

Angelforce
 
C

cuas

New member
May 29, 2006
360
10
0
I will not advise you of your legal rights, but how things are done in DR.
My mother has a small house in SD in a poor neighborhood. Years ago, my brother was living there with his wife. They broke up. The wife moved in a brother and family without my mother's consent. The wife left.
My mother asked the man to move out. He refused. My mother searched for a lawyer in the same poor neighborhood. Recommended. One day the lawyer came to the house with a truck and asked the people where they want their belonging taken. I do not know if this lawyer can practice in Sosua, but he is good. Other problem, he does not speak English. He says, I studied with the same books as any famous lawyer.
 
J

johne

Silver
Jun 28, 2003
7,091
2,965
113
Offense

angelforce said:
Hello,
I own a villa in the DR but currently live in the UK. Just over a year ago I approached a well known letting agency in Sosua to help me maintain and let out my villa. An agreement was signed with the agency. Soon after, one of the partners of that agency moved into the villa with his family. The understanding was that he was building his own house close by within the same gated community. The let would be for between six months and a year - to allow for completion of his own house. I refused to sign the tenancy agreement they drew up as it was in Spanish and they would not forward an English version to my lawyers.
The gentleman in question completed his house, sold it and is now refusing to move out of my villa, saying he needs another 18 months to build another house. The agency will not respond to my e-mails, and my lawyer tells me it may take years to get them out. I am anxious to regain control of my property as I have a family event planned for this Christmas - I have as yet not been able to spend a single night in the property.

Can anyone advise me of my legal rights - surely as I entrusted the property to the agency, they are in breach of contract in refusing to hand it back to me.

Thank you.

Angelforce
Click to expand...

Had a situation last week-not in the DR but in the US. were the law is very strict but I had to do something quick as I am selling the building (today in fact) and could not let the situation continue.
Man in one of my apartments. Not paying rent. Not even the guy I put in there. "I'm Sal's cousin" Yeah right. Your Sals partner in drug dealing. Let me see your ID. OK no problem I'll go get it for you. Never mind. I Tell the super of the building (big, gap tooth, nasty looking guy) "take the door off the hinges" Squater says you cant do that. Four minutes later door is laying on floor. I tell the guy you got ONE HOUR to get out and Im calling the cops as I suspect there is drug dealing here -and I dont know this guy
and I am making a citizens arrest.
He says I have clothes in the dryer in the laundry room. OK I'll give you an hour and a half.
He says THANK YOU! "I appreciate that"
Gone in one hour.
Point of story.--Just do it--(Only my advise) and offense, offense, offense.
JOHN
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
What's being pointed out to you is it's virtually impossible to do anything from a distance and it could cost you a fortune in lawyer's fees to get no results.
Nobody wants to outright say how to get them out.
You have to plan your own attack and not tell anybody about it.
 
B

Beads

Bronze
May 21, 2006
607
30
0
Its the DR and you own the property. Use force. Go down there and throw him out. Write him up bills for all the months he stayed there at the rate you rented it out for. Bring him the bill and tell him its overdue and he needs to pay the rent or leave. If he refuses get the police and have them remove him and bring his belongings outside so he can take them away. I would next suggest selling the property if your not renting it all year as he will try to move back in.
 
Robert

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
83
dr1.com
Beads said:
Its the DR and you own the property. Use force. Go down there and throw him out. Write him up bills for all the months he stayed there at the rate you rented it out for. Bring him the bill and tell him its overdue and he needs to pay the rent or leave. If he refuses get the police and have them remove him and bring his belongings outside so he can take them away. I would next suggest selling the property if your not renting it all year as he will try to move back in.
Click to expand...

If only it was that easy. How many people have you tried to get evicted in the DR?

1) You need to be here, doing this from a distance is no easy task.
2) Get yourself a good lawyer, Fabio Guzman is one I would put on the list.
3) Expose them here, let's see who it is, it might just help.
4) Be patient, the law is on the tenants side and it could take a while, plus he is very aware of this, he lives here and will use this against you.
5) Start at step 1....
 
B

Beads

Bronze
May 21, 2006
607
30
0
Robert said:
If only it was that easy. How many people have you tried to get evicted in the DR?

1) You need to be here, doing this from a distance is no easy task.
2) Get yourself a good lawyer, Fabio Guzman is one I would put on the list.
3) Expose them here, let's see who it is, it might just help.
4) Be patient, the law is on the tenants side and it could take a while, plus he is very aware of this, he lives here and will use this against you.
5) Start at step 1....
Click to expand...

definitely need to start with step 1. Next step I would use is presenting a huge bill for them staying there for payment immediately on past due amounts. If you used a letting company and he is an employee/owner he is well aware of how much money he owes you. Next step I would take would probably consult the lawyer and see what he says. If I was not satisfied it would then be time for the use of force. After this I would suggest selling the place and buying a new one because things could get sticky.

You could also just sell the place with him still living in it and let the new owners move him out. From what I have heard this is the easiest way to get rid of squatters. Once ownership changes hands the new owners arent bound by any agreements made by the previous owner.


You could also just show up use your key on the door and empty his crap out into the street. Have the locks changed and dont give him the key. Say you owe me for past rent and havent payed. Now get the F out!
 
L

Lambada

Gold
Mar 4, 2004
9,478
410
0
80
www.ginniebedggood.com
Beads said:
.
You could also just sell the place with him still living in it and let the new owners move him out. From what I have heard this is the easiest way to get rid of squatters. Once ownership changes hands the new owners arent bound by any agreements made by the previous owner.
Click to expand...

Slight problem with this is that most Dominicans won't buy with a sitting tenant because they're smart. So who do you sell to? A new foreigner? It is sort of setting a vicious cycle in motion............because then the new foreigner will probably come on to DR1 asking how to get the 'tenant' out.........:ermm:
 
M

MrMike

Silver
Mar 2, 2003
2,586
100
0
52
www.azconatechnologies.com
I heard of a guy (somewhere on this board) who had a similar problem so he "borrowed" the roof of the house.

The tennants did not find a roofless house attractive and were motivated to make alternative arrangements.
 
Rattus_Rattus

Rattus_Rattus

Bronze
Apr 3, 2004
1,584
71
48
Midgard, awaiting acess to Valhalla.
CyaBye3015 said:
Perhaps something you may also need is an alibi. :ermm:
Click to expand...



Alibi for what? I was just suggesting that the rightful owner could remove everything from the house that is possible. Windows, doors, wireing, roof etc- Like i said use your imagination, and with the help of some clever handymen who can demolish most of YOUR house without destroying the parts.

Cant see why you need an alibi for that kind of actions?!!
 
J

johne

Silver
Jun 28, 2003
7,091
2,965
113
The law

Rattus_Rattus said:
Alibi for what? I was just suggesting that the rightful owner could remove everything from the house that is possible. Windows, doors, wireing, roof etc- Like i said use your imagination, and with the help of some clever handymen who can demolish most of YOUR house without destroying the parts.

Cant see why you need an alibi for that kind of actions?!!
Click to expand...

I dont know the law in the DR and I would think that perhaps you might notknow the law in detail as well--But I do know the law (perhaps it is similar) here in the U.S.
What you are suggesting is called "constructive eviction"If found guilty of C.S. in a court of law in the U.S. the damages are 3X the amount of the damage.ie: landlord forses someone out of their factory space by cutting off his power- Tenant wins in court suit. Landlord must pay THREE TIMES the damages tenant makes claim to. (I won)
Again-I have NO knowledge what the law is in the DR and perhaps a person with expertise will answer this.
JOHN
 
R

Rocky

Honorificabilitudinitatibus
Apr 4, 2002
13,993
208
0
111
www.rockysbar.com
johne said:
I dont know the law in the DR and I would think that perhaps you might notknow the law in detail as well--But I do know the law (perhaps it is similar) here in the U.S.
What you are suggesting is called "constructive eviction"If found guilty of C.S. in a court of law in the U.S. the damages are 3X the amount of the damage.ie: landlord forses someone out of their factory space by cutting off his power- Tenant wins in court suit. Landlord must pay THREE TIMES the damages tenant makes claim to. (I won)
Again-I have NO knowledge what the law is in the DR and perhaps a person with expertise will answer this.
JOHN
Click to expand...
I have no expertise, like a lawyer might, but there appears to be no 3X law like you have.
It is however illegal to disconnect utilities, such as water & electricity.
There are many ways to skin a cat in this country, but if you approached it from a legal fashion, it would cost you a fortune in lawyer's fees and would take an average of approx. 3 years to evict the tenant.
This average I mention is is from what I hear from others who have done it, and may not be the national average.
 
Rattus_Rattus

Rattus_Rattus

Bronze
Apr 3, 2004
1,584
71
48
Midgard, awaiting acess to Valhalla.
johne said:
I dont know the law in the DR and I would think that perhaps you might notknow the law in detail as well--But I do know the law (perhaps it is similar) here in the U.S.
What you are suggesting is called "constructive eviction"If found guilty of C.S. in a court of law in the U.S. the damages are 3X the amount of the damage.ie: landlord forses someone out of their factory space by cutting off his power- Tenant wins in court suit. Landlord must pay THREE TIMES the damages tenant makes claim to. (I won)
Again-I have NO knowledge what the law is in the DR and perhaps a person with expertise will answer this.
JOHN
Click to expand...

Hmm, then i wonder if it is possible for the owner to use the land where the house stands? Raising pigs-chickenfarm- biological landfill etc.. Do you think that would be legal?? Hehe.
 
J

johne

Silver
Jun 28, 2003
7,091
2,965
113
Don't see

Rattus_Rattus said:
Hmm, then i wonder if it is possible for the owner to use the land where the house stands? Raising pigs-chickenfarm- biological landfill etc.. Do you think that would be legal?? Hehe.
Click to expand...
a problem with that. Wonder how many more creative approaches could be taken to use the land?
 
S

SPMGIRL

New member
Jul 13, 2006
58
0
0
why don'y you mention the letting company that did this to you...they don't deserve your protection.
 
B

beachfront

New member
Mar 8, 2006
45
0
0
Rattus_Rattus said:
Alibi for what? I was just suggesting that the rightful owner could remove everything from the house that is possible. Windows, doors, wireing, roof etc- Like i said use your imagination, and with the help of some clever handymen who can demolish most of YOUR house without destroying the parts.

Cant see why you need an alibi for that kind of actions?!!
Click to expand...



don't know about the d.r. but this is a what worked for me in the states. i had a tenant that i inherited with the triplex i bought. guy would't move and was insistant that he knew the squaTTER LAW. AND HE WAS RIGHT. EXCEPT I WAS ****ED. I LOOKED UP THE CODES AND FOUND ONE, oops, that allowed repairs to be done with 24 hour notice. i could legally not throw him out. however. after posting... i went in and took out the bathroom fixtures... kitchen sink.. and some other stuff.. i told him i had to do repairs to protect the property , he however didn't have to leave.. he said how long will it take i said... it looked extensive.. with no bathroom or kitchen he packed up and left... if you can find something in d.r law like this you have it made. just do it. i hate freeloaders.
p.s he called th ecops and they wouldn't have been able to help as it was a civil not a criminal situation
 
You must log in or register to reply here.
Top Bottom