My Sister Lives in Santo Domingo Norte For 3 Years Now Her Rental Contract is Up in July The Owner Wants To Sell The Apartment and Told My Sister To Move Out Does My Sister Have To Leave Since The Contract is Automatically Reneweable?
- Thread starter businessdr
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Landlord Issues
How much notice did he give her?
Does the lease renew at predefined increases?
Can't imagine a lease goes on in pepertuity? So there must be a clause of "notice not to renew "?
Why would she not leave if he is telling her he is selling? The new owner may want to live in the apartment purchased....
Contract is up in July, that is like a 3 month notice....
Contract is up in July, that is like a 3 month notice....
Happened to me when I lived in Costa Verde. I never would have left if I didn't have to but one has to be reasonable.
In my case the owner told us he was selling, we met the new owners and we were allowed to finish out the contract (almost 6 months).
He also offered it to us first.
Rental contracts normally have a clause that say that the contract automatically renews unless one of the parties gives notice that they don't want to renew, such notice to be given at least 2 months before the anniversary of the contract. This is pretty standard, I would be amazed if it wasn't included.
I've copied and pasted a clause from a rental contract I have, with the relevant section in bold:
"Este contrato podrá renovarse automáticamente por un nuevo periodo de un año, y así sucesivamente a menos que alguna de las partes denuncie su deseo de no prorrogarlo con por lo menos sesenta (60) días de anticipación a la fecha de vencimiento del mismo."
Provided that you have wording similar to this, then the owner is within his rights to say he doesn't want to renew.
I've copied and pasted a clause from a rental contract I have, with the relevant section in bold:
"Este contrato podrá renovarse automáticamente por un nuevo periodo de un año, y así sucesivamente a menos que alguna de las partes denuncie su deseo de no prorrogarlo con por lo menos sesenta (60) días de anticipación a la fecha de vencimiento del mismo."
Provided that you have wording similar to this, then the owner is within his rights to say he doesn't want to renew.
She can stay through the sale and the new owner can toss her if he needs the place for himself or his immediate family. Most likely she gets a 2-month notice at that point.
Evictions are not so easy. Really.
Consider:
Folks, a few months ago, one of the well-known female TV journalists had a segment on her show regarding the difficulties property owners have when trying to evict defaulting tenants.
One of the property owners interviewed said his tenants hasn't paid rent in 10 YEARS... in one of the apartment towers in PIANTINI, and has ignored all the legal notices sent via alguacil.
If an owner takes it into his own hands, he could be in violation of the law, and receive up to 10 years of jail time.
One sure way to avoid it: make all rental agreements and payments via Banco Agrícola, including deposits and monthly rent payments.
Consider:
Folks, a few months ago, one of the well-known female TV journalists had a segment on her show regarding the difficulties property owners have when trying to evict defaulting tenants.
One of the property owners interviewed said his tenants hasn't paid rent in 10 YEARS... in one of the apartment towers in PIANTINI, and has ignored all the legal notices sent via alguacil.
If an owner takes it into his own hands, he could be in violation of the law, and receive up to 10 years of jail time.
One sure way to avoid it: make all rental agreements and payments via Banco Agrícola, including deposits and monthly rent payments.
You're mixing apples and oranges. Eviction/desalojo is not this case. A proper notice (2 to 3 Mos) decided by the magistrate if need be for the case of an owner who needs the accommodation for himself or immediate family or other sale of the property
I do not understand why anyone would want to stay in a living arraignment once informed that the property was sold, and you are no longer welcome. 30 days is ample time. Squatting under any circumstances cannot possibly be a comfortable way to live.
Others wrote about landlords' issues in getting tenants out. I was merely expanding on that.
But carry on, brother.
Well I was following the OP. Is that now not the policy old boy?
Your sister needs to start making plans to move out by July.
2 months is plenty of time..
Let me see if I understand this. Someone that pays NOTHING has the right to stay over a ;year but the person with a Valid lease that is PAYING has to leave in TWO months because the landlord tells them he is selling............. Any half ass lawyer will run rings around the landlord in court for a lot longer than two months.....................
Because it's free - and it has become the new form of social protest (i.e. sticking it to the bourgeois landlord) by the purple-haired, everyone-gets-a-trophy generation.
And this also spirals up rent prices because the costs associated with administering evictions will be recovered in future rent raises.
if and when it comes to obtaining a lawyer to stay in an apartment, tensions will go up substantially. This will not be a healthy living situation. It's one thing if you are renting from a conglomerate in Marin County California, where they have so called anti-harassment laws in place.
An attorney would need to look at the lease to give you proper advice. Evictions are not as easy in the DR as in the US, but if the lease is expired and there is no automatic renewal clause the owner will evict you sooner or later.