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

[El Rey de Mangu]

Not to beat a dead horse, but I have worked 13 years in large business advisory and assurance roles (the last 7 here in DR).

JD and Gringo Carlos are on point (please also read MY comments that precede - more on the exact same - different vocabulary)

Here's what we say in the industry: "Call a spade a spade". I've seen this (in business) here in DR everyday. Now, not to offend, BUT... The game of running up a tab in a foreign country and skipping out on the bill is NOT new! Sometimes the mess goes away. Sometimes it comes back to bite you in the ?!@.

Say I sold my house, and shipped all my furniture to NY because I separated with my Dominican wife. Rest-assured the next business day I would be served right at my Upper East Side front door.

Now that's extreme, but DR Lover skipped town, didn't terminate the contract legally and is now irritated that the landlord wants his money! So he's calling day and night? Of COURSE he is.

Once again, "living out the deposit" is NOT legal unless you have written consent from the landlord. That, plus you stayed 3 weeks rent free!

Just settle and get in an affadavit like I said way up the forum. This is only 300 dollars or so??????

 

[dr_lover]

Not to beat a dead horse, but I have worked 13 years in large business advisory and assurance roles (the last 7 here in DR).

JD and Gringo Carlos are on point (please also read MY comments that precede - more on the exact same - different vocabulary)

Here's what we say in the industry: "Call a spade a spade". I've seen this (in business) here in DR everyday. Now, not to offend, BUT... The game of running up a tab in a foreign country and skipping out on the bill is NOT new! Sometimes the mess goes away. Sometimes it comes back to bite you in the ?!@.

Say I sold my house, and shipped all my furniture to NY because I separated with my Dominican wife. Rest-assured the next business day I would be served right at my Upper East Side front door.

Now that's extreme, but DR Lover skipped town, didn't terminate the contract legally and is now irritated that the landlord wants his money! So he's calling day and night? Of COURSE he is.

Once again, "living out the deposit" is NOT legal unless you have written consent from the landlord. That, plus you stayed 3 weeks rent free!

Just settle and get in an affadavit like I said way up the forum. This is only 300 dollars or so??????

You did not read my postings clearly.
1. The landlord was well aware of why I was moving and I told him that if they made the repairs I would stay and he promise to do it but did nothing so I had no choice but to move.The landlord was aware of the fact that I was going to live out the deposit and was fine with it. I chose to live out the deposit because some landlords here refuse to give you back your deposit and tell you that you have to live it out and I was not going to take the risk of him claiming that I cause some of the existing damage to the apartment just to keep it.

2. I stayed 12 extra days not 3 weeks and again the landlord was well aware of this and was fine with it. I told the landlord when I would pay him for the 12 days when I got pay check again he was fine with this. Before the date even came his sister started calling my family in NYC making threats to take my aunts house and freeze her accounts and when my aunt told her to call me and tried to give her my number she refuse to take it and insist on going after her. I called this lady and she either will not answer or if I call with a blocked number she will pick up and stay quiet then hangs up. This is why I feel this person is trying to extort my family and get more money that is actually owed.
And it is illegal to call using fowl language, making invalid threats and calling may times a day to collect a debt.

3. The reason I needed a fiador is because I don't have a cedula because I was not born here and my aunt has a dual citizenship.

4.I'm not a he I'm a she and if you feel that this is "boring" than stop reading and posting here. This is not your problem and I posted so that I could get opinions from different people and it seems like you feel that yours is the only one that counts.

 

[J D Sauser]

You did not read my postings clearly.
1. The landlord was well aware of why I was moving and I told him that if they made the repairs I would stay and he promise to do it but did nothing so I had no choice but to move.The landlord was aware of the fact that I was going to live out the deposit and was fine with it. I chose to live out the deposit because some landlords here refuse to give you back your deposit and tell you that you have to live it out and I was not going to take the risk of him claiming that I cause some of the existing damage to the apartment just to keep it.

2. I stayed 12 extra days not 3 weeks and again the landlord was well aware of this and was fine with it. I told the landlord when I would pay him for the 12 days when I got pay check again he was fine with this. Before the date even came his sister started calling my family in NYC making threats to take my aunts house and freeze her accounts and when my aunt told her to call me and tried to give her my number she refuse to take it and insist on going after her. I called this lady and she either will not answer or if I call with a blocked number she will pick up and stay quiet then hangs up. This is why I feel this person is trying to extort my family and get more money that is actually owed.
And it is illegal to call using fowl language, making invalid threats and calling may times a day to collect a debt.

3. The reason I needed a fiador is because I don't have a cedula because I was not born here and my aunt has a dual citizenship.

4.I'm not a he I'm a she and if you feel that this is "boring" than stop reading and posting here. This is not your problem and I posted so that I could get opinions from different people and it seems like you feel that yours is the only one that counts.

... Well, what is it then you would like people to tell you? :bunny:

I did read your OP and I have a funny feeling so did the previous poster (gringobizadvisors), who's opinion does not seem to please you, which then you are at liberty to just disregard.
I for one, understood that you thought that you had a verbal agreement with the landlord on two things; that he would fix up the place (which apparently did not happen to your satisfaction) and that you would leave prematurely and live out your deposit. However, so it seems, your landlord does not seem to honor verbal agreements outside your contract and now brandishes exactly that contract at you and your aunt. What do you expect? You apparently have NO WRITTEN agreement binding the landlord to renovate the place and NO WRITTEN agreement about the premature termination of your rental contract. It's your word against the landlord's and the contract he apparently now claims you broke. Who do you think has the better argument?
Actually, I would not be surprised it will occur to them to eventually claim YOU tore the place down, since you don't have a clear termination of lease (do you?).

So, you tell me, yourself, the landlord or above poster what you think is right by you... and see who gives you the nod.

You came for advise and opinions on this forum, and you got at least a good set of opinions. This is more than what you can reasonably expect from a public forum.
Reflect on them, pick one you like or come up with yet another idea and give it a shot. Just don't don't come shoot the messenger(s)... it's not worth the while.

If you got lucky with another approach, please tell us about it. I for one, would love to learn about it... even (or especially) if it proves me wrong.


... J-D.

 

[El Rey de Mangu]

Maybe he called and hurt someone's feelings in NY or made someone worry. Well... if you don't settle this, I'm quite certain the landlord will go after your Fijador. But, then again, maybe not.

My point was: move to strike a deal with the landlord and get it notarized so you can stop the phone calls.

Regardless of what was said above, or how anyone feels emotionally about this, the "rental agreement" was not terminated under normal grounds, and therein lies your issue.

Even if (in the eyes of the powers that be) you are found to be in the right, the landlord appears to be pretty serious about getting his money.

By the way, the "boring" comment was made by another user. The topic interests me, which is why I have put so much time into it. Sometimes people have vested interests in this stuff - you never know.

 

[Uglystorm]

Maybe he called and hurt someone's feelings in NY or made someone worry. Well... if you don't settle this, I'm quite certain the landlord will go after your Fijador. But, then again, maybe not.

My point was: move to strike a deal with the landlord and get it notarized so you can stop the phone calls.

Regardless of what was said above, or how anyone feels emotionally about this, the "rental agreement" was not terminated under normal grounds, and therein lies your issue.

Even if (in the eyes of the powers that be) you are found to be in the right, the landlord appears to be pretty serious about getting his money.

By the way, the "boring" comment was made by another user. The topic interests me, which is why I have put so much time into it. Sometimes people have vested interests in this stuff - you never know.

I agree with most of the posts written here, I'd seen few incidents and the best advice is to get any type of agreements notarized and documented with the proper authorities. If you do not, you're taking the risks of being suit.

My suggestion, talk with the land lord, agree in a settlement, get it notarized and move on. Take as a learning experience and a lesson learned for next time....and as Gringo says, share your outcome with us.

 

[AlexDR537]

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...

wow, what a great piece of knowledge to have here in north america i love this site

 

[Eddy]

Just pay the f*cking 300 bucks.

And get a receipt. Any other way will cost your more in $$ and aggravation. Over the years I've written off a lot more than that. Let it go and live in peace.

 

[bochinche]

i am a land-lord, but in SD, not Santiago.

i would not permit the deposit to be used up in the last couple of months.
if i wasn't paid as per the original agreement, i would harrass the tenant and/or guarantor until i was.
i would probably back date rent from the two months that was not paid right up to present day.
as the one year contract had finished, that back-dated rent would have to include a 10% increase (which is not unreasonable).
i would have used whatever deposit to paint, repair and buy any replacements to return the apartment to what i would conceive as to be the original state prior to renting....giving back any remainder to the ex-tenant as long as all dues were paid before-hand.

if i was approached some time later by the ex-tenant with an offer to settle of a paltry $300....or whatever....i would probably push for at least three times that much.

....so what if i had managed to rent the apartment again.....doesn't matter....i, being the land-lord would come out on top. .....that is why i make sure to get a good guarantor

if you can make an agreement with the landlord do it and pay up....make sure you have everything written (and in your case, best if notarised as well).

 

[blucaribe]

as someone with personal experience with embargoed bank accounts and attorney fees, no matter how "right" we think we are, the laws here favor employees and landlords, not employers and renters--especially non-citizens. You cannot fight this alone, or standing on what you feel is fair and right. Both signatories on the contract are liable to pay until the contract runs out. Pay it and be done with it. And be thankful you got out relatively inexpensively. All the yelling and threats aren't bluffs, they most likely understand Dominican rental laws better than we do. sorry.

 

[Reina]

Question, I had a contract for a year...the year ended in April..I paid two months deposit and first month up front...I advised the owner I was leaving in June...she said that I could live out the last month free...she knows that I am leaving the country, I never received a copy of my original contract...tried getting from the lawyer many times, finally gave up...no damage on the apt...have always paid on time, there is a huge problem with a leak in the roof that the owner has been aware of since day one and never has been repaired properly as well as they had me illegally connected to my neighbor for electric when I moved in...had to fight with them on getting me legal...(4 month battle)...so do I really owe them for this month? When they have two deposits? and my contract has finished? Just a question...

 

[cobraboy]

Question, I had a contract for a year...the year ended in April..I paid two months deposit and first month up front...I advised the owner I was leaving in June...she said that I could live out the last month free...she knows that I am leaving the country, I never received a copy of my original contract...tried getting from the lawyer many times, finally gave up...no damage on the apt...have always paid on time, there is a huge problem with a leak in the roof that the owner has been aware of since day one and never has been repaired properly as well as they had me illegally connected to my neighbor for electric when I moved in...had to fight with them on getting me legal...(4 month battle)...so do I really owe them for this month? When they have two deposits? and my contract has finished? Just a question...

You'll never get your $$$ back.

 

[yanandu]

It's not worth it.
If you have moved out ; write down history for your own records ; e.g. deposit paid, monthly payments paid, problems and should they cause any more problems you are ready.
Then forget it.
Yanandu