Abandoned property Question

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MarioLavega

New member
Feb 23, 2005
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would like to know the legal ramifications to the present tenant's of a commercial/residential property based on the following facts:

One family tenanted a bldg continuously for approximately 40 continuous years to current date. during this time and particularly now the the small business is the only income provider for family of 6 including 4 children and also is used as a residence for some of the children.

The owner of the bldg died approximately 15 years ago, subsequent to which the tenant paid rent. However, upon the death of the owner , no one came forward as the legal inheritor of the property and no rents were paid for the last 15 yrs.

What are the legal rights and responsibilities of the tenants should someone who now claims to have rights based on a blood relationship to the orig. owner of the property come forward and advise them that they now have to vacate the property.

thanking you in advance for your reply.
Mario LaVega
 
P

planner

.............. ?
Sep 23, 2002
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I will ask a lawyer tomorrow and try to get you an answer. My guess is it will be complicated.
 
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JRR

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Dec 9, 2004
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claiming the property

The way things work here in the DR you can expect to go through a lot of aggravation before you come close to removing them from the premises. It will not be easy but eventually you should succeed!

You will have to prove your claim t be the heir of the property and then you will have to begin eviction proceedings which can take some time.

Good luck!

JRR
 
J D Sauser

J D Sauser

Silver
Nov 20, 2004
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The way I understand Mario's post is, that he is asking from the tenant's point of view.
From what I understand, there is currently no claim from any heirs to the landlord (yet) and on the other side the tenants haven't paid rent after the landlord passed away.
Which may raise two basic questions:
  1. Why haven't the continued to pay their rent into a an escrow account (Banco Agricola, I think is the place to do that)?
  2. Have they exhausted all reasonable efforts in order to try to find and /or notify family or friends, authorities and the consulate (if foreigner) of the diseased?
I seem to feel that what they are actually asking is, if they (the tenants) can after so many years claim a right to the property (?).

While I have a funny feeling that they may have a chance, I can't answer that... that's for the lawyers to debate, which could be interesting reading.

... J-D.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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The statute of limitations for collecting rent is three years, therefore, the worst that could happen to the tenant is that he'll have to pay the last three years' rent when and if the owners require him or her to do so.

No, he cannot become the owner of the property, no matter how long he has been on it.
 
M

MarioLavega

New member
Feb 23, 2005
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Owner Deceased;No Relative With Valid Claim

Mr. Guzman: Based on squatters rights or other statute, does this long term tenant have right to purchase the premises , if the owner when determined by the court refuses to sell to the tenant? Thank you..
 
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