My tenant won't move out, and won't pay the rent either!!

[Mauricio]

The DR is not Nederland, common sense is almost unheard off

Dominican civil law actually does say a renting contract can be written or verbal.

 

[Givadogahome]

You are making a lot of assumptions if you are talking about this case.

And I also do not agree with the poster who indicated that references are better than a contract. Both are better than either alone, but a contract is more protection if push comes to shove than references.

I've never accepted anyone without references I can check, in 17 years I have also never had a problem with a tenant. The idea of a reference is to reduce headaches down the line. A guy can sign a contract, but if you only have his word for it that he is not a serial rent jumper or squatter, then it means nothing if he is, does it, or do you expect them to introduce themselves as a rent jumper or squatter?
Contracts are always a must, but by far and without any doubt in my mind, the reason I have never had problems with people is because I have been able to check with past landlords what kind of character they have.
Know who you are allowing in and save all this BS when it comes to moving out.

 

[kampinge]

First question: Do you have a legal contract of rent with him? Do you register this contract and pay the deposit to the bank of Agricular? IN this case a good lawyer will get him out within 3 month, as long as he own you 3 month rent or more. Don't accept one month rent from him or a deal in this case.
You can also now pay the deposit into the Banco auricular account just you have to pay a 50% penal for late registering.
Then go like above.
The lawyer take about 15000 to 20000 peso additional the cost for the judge and for 2 policeman when breaking up the apartment. All about more or less 30.000 to 40.000 Peso.

This works if he don't have any good contacts within the justicesysstem. If he has forget all about it just offer him some money to leave and forget all about.
Lesson nr 1. Never rent out to lawyers or officials.
Never rent out to police or military people.
Always ask for a guarantee, its works sometimes.
I have try to sack a lawyer now since THREE years ago. No changes no pay and I done everything right ( contract register and so on.
I rent out about 60 condos 90 % to Dominicans.
In a year I lost about 3 or 4 year rents additional not paying water and electricity.
Thats the renting business here, If somebody in the forum can do it better I welcome you to take over my business.(seriously)

 

[DRob]

quick question, you got no deposit, does this renter have a contract??? if no getting him out is easy. lock him out, as long as there is no contract you have no problem.

REALL BAD IDEA without knowing the local law. In most parts of the USA, that will get you thrown in jail on contempt in a heartbeat. Look, the tenant was there with your knowledge, paid you rent, which you accepted, you probably did some repairs. Most courts would agree that a landlord-tenant relationship exists, and a "lock out" amounts to a "self help" constructive eviction.

Again, that's just about the fastest way possible for an otherwise legit-in-the-eyes-of-the-court landlord to really p**s off a judge.

The best advice on the board so far is:

1) Spend a fair amount of money to bribe the tenant into leaving early;

OR

2) Spend at least the same money on a good eviction lawyer.

p.s. Option 1 is WAY better.

 

[DRob]

When it comes to safety, many motorcycle enthusiasts tend to wear armor everywhere, all the time - even if they're just going around the block, and it's super hot outside. The reason often given is that they're not dressing for the ride, but for the crash.

It's the same way in being a landlord. The reason we insist on security deposits here and three months' rent there, along with a written contract, is that we're not getting ready for the tenant to lease the property so much as we're preparing for the tenant to totally flake out on us.

I can't begin to tell you how many stories I've heard (and on occasion experienced) about "tenants from hell." Trust, non-payment of rent is easy. How about the ones with multiple personality disorders, the hoarders, the cat & rat herders, the ones with kids who like throwing rocks in windows, the ones trying to be Tony Montana, etc. And that's after they've been screened.

See the last LL will do whatever it takes to get rid of a bad tenant, including lying to the next LL. Welcome to the world of having more than a quad.

So, I'm sorry about the deadbeat tenant, but trust it could be a lot worse. Pay them off and send them packing. It's a lot better on your nerves (as well as your bottom line) in the end.

 

[cobraboy]

The the last LL will do whatever it takes to get rid of a bad tenant, including lying to the next LL.

VERY true!

Which is why I got a reference from two landlords ago. They have no vested interest.

There are now services that do the screening for you for a fee, like $75-100. I started using them before moving to the DR and collected an "application fee", 50% refundable, along with their performance deposit (held in a separate interest-bearing account) upon moving out on good terms. Since them we just use a property manager who has systems in place. Now we manage one company instead of multiple tenants. More expensive, yes, but best for being an absentee landlord.

 

[xwill]

You need to call the monstros to help you

 

[bienamor]

In the US yes but not here. No contract no problem normally.

 

[Givadogahome]

Someone a few blocks down stopped payment and the owner got them out fast! Cops were involved and everything. I don't know why some say that it is a long process. We all know how things work in DR. If you have propina everything is smoother and faster. I guess if you are a broke owner then you will need to wait the "long process" lol

Really? Is the DR a little crooked then? Well I never! But I thought you said..................... oh, never mind!