Ex landlord in Santiago is Harrassing my family in NYC, can they do that?

dr_lover

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Jun 4, 2009
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I lived in an apartment in Santiago and the apartment had numerous problems that the landlord was aware of but would not fix, some of the problems were: brown water dripping in every room in the apt, 2 toilets in the apartment and not one of them worked, sliding door in balcony would not close, door missing in service room. cracked bathroom sink, rotting kitchen cabinets, and I could go on. I had signed a one year lease but after complaining numerous time and being ignored I decided to move, I lived out the deposits and I stayed 12 extra days because I was waiting for my new apartment to vacate. So now the owner of the apartments sister which lives in NYC is calling my aunt who also lives in NYC and demanding that she give her $13000 pesos and is threatening to take my aunts house in DR and to freeze her bank account in DR if she doesn't give her $13000 pesos because my aunt is the co-signer. The rent in the apartment was only $9000pesos a month, and I only stayed 12 extra days so I don't know where she gets $13000. I feel that I shouldn't have to pay anything because I was forced to move because of the conditions in the apartment. I had to pay a brokers fee and moving cost again after only 6 month because they refused to make repairs. Should I have to pay them?
 

Hillbilly

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Jan 1, 2002
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No, you should have paid back then instead of getting you aunt involved. However, that milk is spilled so go find a lawyer and get him to get you out of this mess with a counter suit or something of this sort.

You will end up paying one way or the other...

HB
 

bienamor

Kansas redneck an proud of it
Apr 23, 2004
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your not in england

Well, they can't take anyones house or freeze anyones bank account so you don't worry about that. If you overstayed your contract, lived out the bond period you paid and then still stayed an extra 13 days or so, then yes she they will have every right to demand this money from you as overstaying the contract period gives them the power to charge what they like for the each day over contract dates.
You will most likely be out of pocket in some way. A lawyer will cost you $2000 pesos p/h avg, if you want to go down that way, but all he will do id try to get you a smaller payment.
Now you are leaving and didn't bring all the peoblems up with the lawyer from day 1 you will be left sucking your thumb I'm affraid, you will be paying in some way, how much is up to you. Might be best to just accept it a=nd get it over with, as Lawyer costs ontop of what he will get the price reduced to will most likely come to the same amount anyway.
Depends if you can be
bothered with the hassle.
Good luck

Bad advice. Listen to HB lawyer up! depending on how that contract is written here, yes they can take the house and freeze the account. that can also be done over your phone bill. Your not in England anymore.
 

sylindr

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Nov 29, 2007
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how is it bad advice, I've pretty much agreed with HB above, albeit in a round about way. Maybe you have read the post wrongly. I have dealt with a similar thing in DR also and so I'm not talking from an English point of view!

I am pretty sure no one will freeze bank accounts, how on earth would that ever happen over a property rental??

OP.... listen to Hillbilly... he lives here and has many years of experience.
 

Chip

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Jul 25, 2007
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I live in Santiago and at this point I would let your ex landlord follow through with their threats. Why? Because lawyers aren't cheap and they''ll more than likely have to pay half that to get it back. I expect they are bargaining and will take less.
 
Sep 22, 2009
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Absolutely invest the 100 or 200 bucks on an attorney. While the "embargo" they reference above is "possible", it is not "likely". However, if the owner lawyers up, he will certainly place a demand on the "fijador" (co-signer). This will come in the the form of notarized letter of demand from the plaintiff's attorney. You will then have a window with which to settle. If not, the plaintiff's attorney can go to the next step and seek this "embargo". Most likely on the movable assets of the house like furniture before the house itself.

Best advice at this point: cut a deal with the owner to pay what YOU OWE LEGALLY and then FORMALIZE THE AGREEMENT IN AN AFFIDAVIT with your lawyer and theirs. Don't let this blow up over a lousy 300 dollars!!

I'm amazed it has gone this far.
 

sylindr

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LMFAS, one dimentionality strikes again, how nice:bunny:

More "dimentions" are always welcome as long as they are based on experience and not just assumptions about how things work here! :ermm:
 

bienamor

Kansas redneck an proud of it
Apr 23, 2004
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did not misread your post

how is it bad advice, I've pretty much agreed with HB above, albeit in a round about way. Maybe you have read the post wrongly. I have dealt with a similar thing in DR also and so I'm not talking from an English point of view!

I am pretty sure no one will freeze bank accounts, how on earth would that ever happen over a property rental??

They can and will if necessary freeze the account, seize the house and furniture, thats where your bad advice was. It is possible, not for sure but possible,
you on the other hand indicated was not possible. Like I said it can happen over your phone bill here, let alone rental property, and or land purchase.

lawyer up!!!!!!!!!!!!!!!!!!
 

Mason3000

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Aug 2, 2008
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I'm no lawyer, but thought I'd throw this at the wall to see if it sticks.

What about telling them you've got an attorney now and he's advised you to pay. The attorney just wants a copy of their deposit slip showing where they deposited your two months deposit within 14 days of signing the contract into Banco Agricola. If they never did that (99% don't) the contract was null and void.

If the contract is null and void (Which I'd bet it is) I'd think It also might make them take pause in proceeding because I strongly suspect they're bluffing. Also, in court (* North American court so there's a big asterisk here!!) usually as a plaintiff you must show you're coming to court with "clean hands".

Again, I do not offer this as legal advice rather food for thought.

Discuss...
 

GKLSY

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Sep 7, 2009
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I'm just curious if you looked at the apartment before you signed the contract? Most of the problems you listed seem like things you would have noticed... Can they possibly say that you rented it that way so you have no grounds to have broken the contract early?
 

waytogo

Moderator - North Coast Forum
Apr 3, 2009
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Santiago DR
Bad advice. Listen to HB lawyer up! depending on how that contract is written here, yes they can take the house and freeze the account. that can also be done over your phone bill. Your not in England anymore.

I have heard of strange things here, but taking a house over a phone bill, this can't be true. Now I want to disconnect my phone.
 

dr_lover

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Jun 4, 2009
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I'm just curious if you looked at the apartment before you signed the contract? Most of the problems you listed seem like things you would have noticed... Can they possibly say that you rented it that way so you have no grounds to have broken the contract early?

Yes, I did look at the apartment before I sign the lease and I did see all the problems but they told me that everything was going to be repaired before I moved in. I even went by the apartment to check if repairs were being made and saw that their was people there working on it, so I felt ok about sign the lease but then when I moved in I noticed that all that was done to the apartment was paint, then right after I moved in I told the landlord and he send a plumber to install a water heater and change the fixture on the bathroom sink but the plumber and I told him that it had to be replace because it was cracked and the plumber even took out the parts in the toilet that need to be replace and gave them to the landlord so he could by them and he never did. After that no one ever came to finish the repairs.
 

dr_lover

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I'm no lawyer, but thought I'd throw this at the wall to see if it sticks.

What about telling them you've got an attorney now and he's advised you to pay. The attorney just wants a copy of their deposit slip showing where they deposited your two months deposit within 14 days of signing the contract into Banco Agricola. If they never did that (99% don't) the contract was null and void.

If the contract is null and void (Which I'd bet it is) I'd think It also might make them take pause in proceeding because I strongly suspect they're bluffing. Also, in court (* North American court so there's a big asterisk here!!) usually as a plaintiff you must show you're coming to court with "clean hands".

Again, I do not offer this as legal advice rather food for thought.

Discuss...

Is this really true about the contract being void?
 

dr_lover

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Jun 4, 2009
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I have heard of strange things here, but taking a house over a phone bill, this can't be true. Now I want to disconnect my phone.

They can not take you home over a phone bill, in DR we have credit bureaus just like in the US and if you don't pay your phone bill as well as credit cards or other utilities it will show on your credit report. I know that the landlord can't take my aunts house over this and I know that in DR the courts favor tenants over landlords, I just want a legal opinion on the matter. I want these people to stop harassing my family and I would pay but I feel that what they are trying to do is extort my family because even if I owe them the most would be about $4500 pesos which is half of the months rent.
And I had planned on paying them but I had to go on a trip out of the country. I was only going of a few days so I was just going to pay when I got back but then my aunt calls me and tells me that this woman has been calling her everyday non stop 3-4 time a day making threats and asking for different amounts of money everytime. I just want to see if I could get some good advice before having to seek a lawyer.
 
Sep 22, 2009
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I'm no lawyer, but thought I'd throw this at the wall to see if it sticks.

What about telling them you've got an attorney now and he's advised you to pay. The attorney just wants a copy of their deposit slip showing where they deposited your two months deposit within 14 days of signing the contract into Banco Agricola. If they never did that (99% don't) the contract was null and void.

If the contract is null and void (Which I'd bet it is) I'd think It also might make them take pause in proceeding because I strongly suspect they're bluffing. Also, in court (* North American court so there's a big asterisk here!!) usually as a plaintiff you must show you're coming to court with "clean hands".

Again, I do not offer this as legal advice rather food for thought.

Discuss...

Just pay what you legally owe and get it in an affidavit to shut the landlord up.

Playing games in DR like bluffing etc. is just REDICULOUS. There is due process, but why chance any problems. God knows who knows who to get an embargo on your furniture (btw, that is what creditors do HERE first.)

The have to send you to collections (a lawyer). You need be notified and have a window to resolve/contest. If you DON'T respond, then they can send you another letter "threatening" to embargo your IMMOVABLE assets first (like furniture). If still you don't respond, well... that's your call.

For someone to seize your bank account or house here, you must owe ALOT of money to the wrong people (like the BANK). And still, the process is long and drawn out.

FURTHERMORE:
A contract is so NOT null and void here or in the States due to a technicality. You were living there! There is a non-written verbal contract and that is 110% enforceable. Just like in any business deal: emails, conference calls, your ACTIONS etc. are solid proof.

In the States, the courts almost always side with the tenant, even in the most absurd situations. It's more or less the same here.

There is an "understood" clause in any rental agreement: you need give notice to vacate and if you do not, you "may" forfeit your deposit. Living out a deposit is not a "legally acceptable" payment of rent.

If the landlord is smart, he has a laywer and can get months you "lived out" PLUS the extra 17 days PLUS any/ALL associated fees.

Bottom line: You may choose to blow this off and nothing happens. OR maybe they will go after the Fijador. Maybe not.

I just don't get all the advice and back and forth. There is no doubt. You simply owe. It just isn't clear exactly how much (all depends on what you settle with the landlord).

Why chance the landlord going after your Fijador????
 
Sep 22, 2009
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NB: It is NOT extortion if the pursuer truly believes they are LEGALLY entitled to the money. To say: "I will send you to collections, sue you", etc. when I truly believe you OWE me, then that is not extortion.
 

dr_lover

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Jun 4, 2009
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NB: It is NOT extortion if the pursuer truly believes they are LEGALLY entitled to the money. To say: "I will send you to collections, sue you", etc. when I truly believe you OWE me, then that is not extortion.

Its illegal in the US under the fair dept collection practices acts to aggressive purse a dept using threats and this isn't even a dept owed in the US, so what this person that is calling my family is doing is %100 illegal.
 

GringoCArlos

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Jan 9, 2002
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Instead of continuing looking for excuses, why don't you step back and take another look at this. You admit staying past the time you paid for. You admit your aunt is the co-signer of the contract. Your aunt must either be Dominican or have residency to have been allowed to co-sign in the first place.

There is a reason most landlords require a co-signer. If the original person signing a contract doesn't live up to the agreement, they go after the co-signer. If the landlord doesn't hold up their end of the stick, then you get a lawyer and go after them. In this case, you didn't, and now the landlord is doing what they feel correct to get the money they feel is owed them.

Get a lawyer and work it out. Mindless pingpong on a public forum is boooring.
 
Sep 22, 2009
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Its illegal in the US under the fair dept collection practices acts to aggressive purse a dept using threats and this isn't even a dept owed in the US, so what this person that is calling my family is doing is %100 illegal.

Calling someone or sending them a letter or telling them you are going to sue is NOT illegal if they are legally entitled to the money. What you cannot do is offer "protection" for payment or use any of various verbal/physical harrassment methods. That is extortion.

If we had a contract and you skipped out on me, I have every right to collect, demand etc. In the US you just can't call after 9pm.

I feel like I'm taking crazy pills.
 

J D Sauser

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Nov 20, 2004
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I am sympathetic to the OP's cause, however I too think he/she mishandled the whole situation putting himself into a legally weak situation, not limited to possibly breach of contract.

  1. If there were promises of putting the apt. in perfect order, they should not have been only "talked" about, but indeed should have been reflected in no uncertain terms in the contract. Really, knowing our locals, it would have seem advisable to have discarded the rental of that apt. all together, once the unfavorable condition was discovered.
  2. After discovering that the apt. had NOT been put in the promised condition, this should have been noted to the landlord immediately with a letter from the tenant's lawyer, refusing acceptance of the premises in that state and withholding any security deposits and/or making future payments to an escrow account at the agricultural bank(?).
  3. The OP signed a mutual 1 year contract. Valid or not over a technicality, as an other poster pointed out, subsequent rental payments could be interpreted as a mutual acceptance of said agreement. Leaving that agreement prematurely without due legal procedures, may put the OP in breach or contract(?).
  4. If the "aunt" cosigned an agreement which may have been breached, I think the landlord could be in his right to reach out to her where ever she lives and remind her of her potential liabilities in the country where that contract has been signed. After all, as I understand, the landlord is not threatening to put a lean on her home in the US, but in the DR.
I thus join both, those who think that there are mainly two options of which the second one, would seem to be the potentially more expensive one given the relatively small claim:


  1. Ask a lawyer to contact the landlord and bring the matter to a mutually agreed and legally documented conclusion, which will most likely include a final payment by the OP to the landlord.
  2. Lawyer up seriously and fight the case. Given the relatively small amount at hand, I tend to suspect that only the advance payment to a serious and capable lawyer may surpass the landlord's demands. Maybe a lawyer will see a possibility to make it a big case and actually demand restitution and even damages for the ordeal the OP suffered, while living in that dump... but then, this is the DR... how likely is it to really turn an unlikely judgment against the landlord into hard cash?
The third option... if it was one, to just let it go away... taking it as a bluff only... well, I don't know. It's a though one to project as a "recommendation". After all, we don't how well "connected" the landlord and his/her family is. How easy and cheap or costly their access to legal advice is (do they have a lawyer, maybe even a fiscal or any other such people in their family?). Many locals "in business", who have at least some real estate to rent and other dealings, tend to be in the habit to be at least selective payees but very exigent when it comes to collect to what they deem to be theirs.


As always, just my personal thoughts, in no way to be confused to as legal advice.

... J-D.