What ARE Renters' Rights under Dominican Law

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DrChrisHE

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Jul 23, 2006
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I'm being given conflicting advice about renter's rights under Dominican law. Can someone point me in the right direction about what our rights are if we no longer have a lease (it expired and we don't like the terms of what is being proposed--neither does our lawyer)? I've heard on the one hand that if you pay your rent in the first week of the month, they can't kick you out. Then I've heard that they can kick you out for NO REASON with only 7 days notice.

ANYONE know what the REAL law is and how hard is it if you are a gringo/a with a Cedula to actually have the law enforced?

TIA!:bunny::bunny::bunny::bunny:
 

SKY

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Apr 11, 2004
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If you have been renting for a decent amount of time and have all your receipts it could take a year or more to get you out. You just need a good lawyer to help.

This has been discussed in detail before. Use the search function and you will find what you need to know.
 

DrChrisHE

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Jul 23, 2006
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Thnx & more ?s

Thanks Sky & Robert! Yes, I have read the link thoroughly, but I'm still unclear as to our actual rights given that our contract has expired. We have our rental payment receipts. I did search the archives but wasn't able to locate this exact problem so maybe I'm not searching correctly.

If we pay our Dec rent and go away for Christmas, could we find our things on the street when we return?

Our landlady likes to just SHOW up unannounced at 10 or 11 pm at night (she lives in the Cap so it's not like she was in the neighborhood unexpectedly.) We only request a call. The concept of fixing things such as water heaters, electrical appliances all seems to be SUCH a foreign concept to her. It is as if she's NEVER heard of maintenance. The home we are in is getting older and has lots of things falling apart. We do our best to fix them (my dh has replaced the "guts" in all the toilets multiple times; gas lines; door handles; electrical sockets, etc.) It is almost as if WE care more about this property than she does.

Clearly this isn't a great situation but until we find a better one, we'd like to know that we are in the legal clear as far as not being thrown out onto the street.

Thanks for any and all assistance!
 

Robert

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You have 2 choices. Do you want to be Gringo or Dominican about the situation?

If it's Gringo, then start looking for a new place to rent. Make sure the place is clean and tidy before you leave and don't forget to replace any broken light bulbs.

If it's Dominican, ignore any requests to get out, keep putting the rent into the Banco Agricola account until the landlord turns up with the cops/army or local DA to evict you. You should be able to string the landlord out for at least 6 months. This will give you plenty of time to look for a place and go back to being gringo again :) Oh yeah, don't forget to take all the light bulbs and fittings on the way out.

You are not going to get thrown out on the street. The laws here are heavily biased in favor of the tenant.

Now you know why Dominicans prefer to rent to foreigners :)
 

miguel

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Jul 2, 2003
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Pero......

If it's Dominican, ignore any requests to get out, keep putting the rent into the Banco Agricola account until the landlord turns up with the cops/army or local DA to evict you.
But what if the landlord is a bigger pain in the axx and decides to move his family and his belonging BEFORE he moves out, so they can live together as a "happy family"?.

I know landlords in the DR that if you wait too long to move AFTER they tell you, and your lease is up, even if you put the rent in the bank, they would play hardball with you, just like the person is playing with them.

Me, as a no-nonsense landlord, I advice you, DrChrisME, NOT to "burn your bridges" and move as fast as you can......SOME landlords CAN make your life a living hell.

Besides, why do you want to stay in a place where things are falling apart and the landlord fixes NOTHING?.

Don't be a Dominican. Move......Because you never know, you may find yourself a landlord like me!!. wink, wink!.
 

Hillbilly

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Jan 1, 2002
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Take everything you have fixed with you, including door handles and johnny innards.

Like i told you, just deposit the rent in the Banco Agricola, keep a receipt and send a photo copy to the owner and her lawyer....

Like they told you you can have up to a year or so if you want to play hardball.

Get someone to house sit for you during your trip away....perhaps an armed guard would be a good investment....

And get on the horn to MommC and Matilda....

HB
 

DrChrisHE

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Jul 23, 2006
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LOL--I love the bipolar responses. We normally pay our rent to a property manager and she pays the rent to the landlady. So, how does this Banco Agricola thing work?

I've already PM'd both Matilda and MommC (and JRR) that we need another place.

As WHY we are still here...we have the lowest rent in Metro (and it's not thru the Metro CC office) and my dh is convinced that our family be irreparably harmed if we move out. I, on the other hand, am not so convinced. I think that the "security" and safety of Metro is overstated; BUT I could be wrong. So, there is the sticking point. The friend, whom my dh trusts implicitly, swears that we'll be miserable outside Metro (meanwhile we feel like the poorest folk here while living here) and something terrible will happen to our children or me if we move out. After driving to the orphanage through canefields, having breakdowns in the middle of SPM & various hwys, I'm really not so sure about the danger being greater. Someone could just as easily hop over the Metro wall (or in our case--we only have barbed wire where our 100lb golden retriever can fit through and horses stick their heads through) and enter our home. We don't have a lot of valuables--the house is furnished (although impractically so with tons of nicknacks given that we have 3 kids).

It's quite a dilemma. As of right now, we are very actively looking for a place so we can get out of here in January. I don't want to live somewhere that we are not wanted. Being a foreigner and a homeowner (in the US), I feel a sense of responsibility to the place I'm living. So, that tells you, we couldn't possibly take the lightbulbs, toilet innards, door handles (my dh would rather die first)...the NYer in me says "We paid for them!" And, yes, we've been married 21 years!
 

Chris

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Oct 21, 2002
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Make peace with the landlady I think. Its fine to do the Banco Agricola thing, until the landlady and her minions start making your life a misery.

Think a little .. make an offer on the property .. offer something in order to get a new rental contract. Does she think she has the short end of the stick? Does she think you can pay/do more? The Dominican Way on Rentals is cool if you're prepared for crazy eventualities. I would not play hardball. I'll negotiate a longer rental period, give a little, and find a way out to another property.

And take every last lightbulb with me. If you don't, you'll just be the dumb gringa.
 

miguel

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Jul 2, 2003
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Si, pero.....

Make peace with the landlady I think. Its fine to do the Banco Agricola thing, until the landlady and her minions start making your life a misery.

Think a little .. make an offer on the property .. offer something in order to get a new rental contract. Does she think she has the short end of the stick? Does she think you can pay/do more? The Dominican Way on Rentals is cool if you're prepared for crazy eventualities. I would not play hardball. I'll negotiate a longer rental period, give a little, and find a way out to another property.

And take every last lightbulb with me. If you don't, you'll just be the dumb gringa.
BUUUUUT Christa, why would ANYBODY stay at a place where NOT only the landlord wants you out, BUUUUT things are falling apart and the landlord doesn't fix them?....Did you read all the problems with that place?.....INSANE.

Btw: That woman is lucly the OP is NOT Dominican.
 

miguel

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Jul 2, 2003
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Si senora...

Sure, but if you have nowhere else to go quickly, you better make peace with what you have.
True!.

If she was a good tenant and paid her rent on time, ALL the time, I see no reason for her landlady not to give them a few months fo move out.

Of course, unless the landlady is the biggest prick on the face of the earth!.
 

DrChrisHE

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Jul 23, 2006
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Our situation has just gotten progressively worse until one day we realized OMG, this place is getting to be like living in the proverbial slumlord tenement (OK so it has a golf course surrounding it but we don't even golf.)

As I said earlier, the rents in Metro are ridiculous (I'm talking like $2-3K USD/mo for a 3 BR house NOT on the beach.) We are paying $1100 USD. So the landlord thinks she's justified in not doing any repairs.

The property manager (who IS Dominican) pretended to be all sweet and wonderful but as it turns out she wasn't reporting the broken things to the landlady. Then she wouldn't pay her the rent on time even though we paid her. Prior to that she tried to convince us to move to another house back when things were still working here but we've figured out her scam: she gets the whole first month's rent as her payment. Therefore it is in property manager's best interests to keep the tenants moving around as much as possible. With 3 kids that is the LAST thing I want to do!

I hate moving. So, between my hating moving and dh not wanting to move OUT of Metro, we've been stuck in inertia land. However, THAT MUST CHANGE. We can't afford the going rate for Metro, so who knows what will happen. BTW, there are MORE problems than those I mentioned (as in whenever it rains, the water floods in from the balcony because the drains are an 1" up on the side walls of the balcony so the water flows under the doors and floods all the way down the stairs which makes the whole tile floor up and downstairs like a Caribbean ice rink.) The water pours through the ceiling onto the kitchen table and onto the sofa's. We've lost MANY appliances to the incessant power surges (even with surge protectors) so our toaster oven blew up, several rechargeable battery chargers & the batteries, lights, and a variety of other things like cell phones.) I know it sounds insane but the rental market here is one where the property owners would rather have their property sit EMPTY than lower the asking price!
 
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MommC

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Mar 2, 2002
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We did contact several people on DRChris's behalf,

however nothing was available.
I really wish I'd know about the possibility of renting Fred & Denise's house.
While it too needed some work, it was a good 'fit' and would have been safe enough (as long as you didn't venture out too late at night!).

There is really nothing that I know of outside Metro that would be suitable for a family of 5, but I'll keep asking around!:ermm:
 

Fabio J. Guzman

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Jan 1, 2002
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Dominican law is very protective of tenant rights. Eviction of a tenant is only possible on the following grounds: (a) failure to pay rent, (b) misuse of the premises, (c) subletting if prohibited by the lease, (d) the owner will use the property.

Note that expiration of the lease is not listed. If the tenant keeps paying the rent, the landlord cannot evict him just because the lease has "expired". An evictions under (d) is usually a long drawn-out process since the first step is a conciliation hearing at which the tenants is regularly given months if not years to look for an alternative dwelling.
 

Berzin

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Nov 17, 2004
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I can't believe that for the rent the OP is paying for this place they can't find suitable living arrangements elsewhere.

For that price they can buy a house. It may not be a mansion, but if the OP lives in the DR and plans to stay there maybe they can look into buying property so they don't have to go through this nightmare.
 

DrChrisHE

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Jul 23, 2006
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I can't believe that for the rent the OP is paying for this place they can't find suitable living arrangements elsewhere.

For that price they can buy a house. It may not be a mansion, but if the OP lives in the DR and plans to stay there maybe they can look into buying property so they don't have to go through this nightmare.

Thanks for confirming my suspicions about our rent (which IS the lowest in Metro) but I have to say that it comes down to this one thing:
People in JD would RATHER NOT COLLECT RENT FOR YEARS EVEN than to rent for what THEY perceive to be "below market value." The market value in JD is ridiculously high in the gated or secure buildings.

Thanks MommC!

She is right about finding a place for a family of 5--even a 3 BR (our kids are 9, 12, & 17 so it would be rather tough but not unheard of to stick them all in 1 BR & look for a 2BR). We have exceptionally well behaved kids (you can query those who've met them & I'm sure they'll confirm) but still, when people who have 3-4 BR houses up for rent hear "3 KIDS?!!!" they've actually changed their minds about renting. This is partly so because there are a few ex-pat families with 5 kids who I must say have been VERY hard on the rentals. Many of the larger homes were built purely for entertaining. It is like they'd rather have you throw enormous parties and actually LIVE in the house. In fact, having a golden retriever is MORE desirable to landlords than having 3 kids. In the US, dogs are a major issue for renting but here our dog is viewed as major security (the guards are TERRIFIED OF HIM because he's 100lbs--kind like a jumbo sized Cosmo--JRR's dog.)

Still accepting any and all suggestions. I'm grateful for those who have commented so far.:bunny::bunny::bunny:
 

Hillbilly

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Jan 1, 2002
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Well DrChrisHR: As you can see from Fabio's post you do not really have to worry. In fact you might talk to the owner and ask if you (a) Can have another year's lease, at a slight increase in rent, BUT you will use the increase to repair the house slowly over the year.
Then you take her room by room to see everything that has to be done.
Does she know that the roof is leaking? That will eventually destroy the integrity of the roof and it could collapse.
Point out the design defects that allows water to flow all over in a rain storm. Ask if you can have written permission to correct these issues.
Then, you can tell her that if she is not nice you will not leave until you are good and ready and that your lawyer will be depositing the rent at the Banco Agr?cola each first of the month...

Do not budge, until you are ready.

(Do you want the honey?)

HB
 

GeeDee

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Oct 27, 2007
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Dominican law is very protective of tenant rights. Eviction of a tenant is only possible on the following grounds: (a) failure to pay rent, (b) misuse of the premises, (c) subletting if prohibited by the lease, (d) the owner will use the property.

Note that expiration of the lease is not listed. If the tenant keeps paying the rent, the landlord cannot evict him just because the lease has "expired". An evictions under (d) is usually a long drawn-out process since the first step is a conciliation hearing at which the tenants is regularly given months if not years to look for an alternative dwelling.

Hello,
I am curious to know what the normal time frame is for a tenant who fails to pay rent once an attorney is involved and serves papers. Thanks.
 
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