BATLLE TENANT VS LANDLORD

charlise

Bronze
Nov 1, 2012
751
0
0
My friend lives in Puerto Plata since January 2019. He is renting a small apartment from a Canadian who is married to a Dominican.

He always paid is rent on time. He is up to date is his rent. The landlord/his wife want the rent NOW (which is December 5th) or he is threatening to put his stuff on the street.

Do they have the right to do that for a delay of 5 days ? Is there a rule before you put someone with their furniture on the street ?

Thank.
 

johne

Silver
Jun 28, 2003
7,107
2,975
113
Two questions:
1. Is the renter Dominican?
2. Is the wife of the owner who is a Dominican named on the lease as owner?
 

Cdn_Gringo

Gold
Apr 29, 2014
8,673
1,135
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As long as the rental contract is still valid, rent payments are up-to-date, the tenant has not caused damage to the rental property or is the subject of complaints about their behavior, excessive noise etc, then the landlord cannot unilaterally terminate the rental agreement and force to move without notice.

Further, the landlord must provide notice of their intent to enter the rental property at least 24 hours in advance unless there is some sort of pressing circumstance that requires entry so that the problem can be immediately ameliorated.

To properly evict a tenant the landlord will need a court order. It can be difficult and time consuming to evict tenants that have possession of a rental property.

Obviously there is some sort of dispute between these two parties and addressing that might be a good first step. Unfortunately, landlords can make life difficult for tenants if they choose. Your friend needs to decide how much they are willing to put up with to remain where they are. Sometimes, choosing to give in and move is the best long term alternative to endless conflict. Informing the landlord that the tenant will vacate in 30/60 days may be enough to pause the dispute.
 

charlise

Bronze
Nov 1, 2012
751
0
0
Thank you. To answer you. No the tenant is NOT Dominican. He is Canadian AND there is NO lease agreement. It was a mutual agreement between 2 Canadians. Initially the wife had nothing to say during the agreement. Just 2 Canadian of knew of each other.
 

rogerjac

Bronze
Feb 9, 2012
1,393
460
83
but your friend is not up to date with his rent. You said 5 days late. Late is late. Get up to date then complain.
 

irsav

Well-known member
Jan 26, 2019
692
102
63
My friend lives in Puerto Plata since January 2019. He is renting a small apartment from a Canadian who is married to a Dominican.

He always paid is rent on time. He is up to date is his rent. The landlord/his wife want the rent NOW (which is December 5th) or he is threatening to put his stuff on the street.

Do they have the right to do that for a delay of 5 days ? Is there a rule before you put someone with their furniture on the street ?

Thank.

Why your friend does not pay his rent? He wants to live without paying rent?
 

Cdn_Gringo

Gold
Apr 29, 2014
8,673
1,135
113
there is NO lease agreement.

In this case, the tenant still has some tenant rights under the law. However, such a tenancy continues only so long as both parties wish it to. If the landlord wishes the tenant to vacate, they still need to give a reasonable period of notice to do so and the tenant would be hard pressed to challenge the termination of their tenancy by the landlord. If the tenant fails to leave by the prescribed date, then the tenant can be forcibly removed by the authorities after an eviction order is obtained.

This tenant should begin looking for somewhere else to live. It won't be an enjoyable place to live if the owners do not want this person in their property any longer.
 

windeguy

Platinum
Jul 10, 2004
42,330
6,058
113
Being late on the rent is not up to date. The owner is now able to take legal action to evict.
 

Celt202

Gold
May 22, 2004
9,099
944
113
Wait for DR the lawyer to respond. Meanwhile pay the rent. If they refuse to accept it the lawyer may probably advise that he deposit the rent in the Banreservas FBO the landlord. He knows the law. Resident gringos sometimes know the half of it and sometimes make **** up on the fly.
 

Big

Well-known member
Apr 24, 2019
4,861
4,046
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why would ANYONE pay their rent late in a foreign country, or anywhere for that matter
 

windeguy

Platinum
Jul 10, 2004
42,330
6,058
113
Wait for DR the lawyer to respond. Meanwhile pay the rent. If they refuse to accept it the lawyer may probably advise that he deposit the rent in the Banreservas FBO the landlord. He knows the law. Resident gringos sometimes know the half of it and sometimes make **** up on the fly.

If there was a contract, and I recall seeing a rental contract here previously, the rent deposit was made to a special bank of which I cannot recall the name. For some reason that bank is "the bank" for rent. Perhaps something like Banco Agricola.
 
Last edited:

franco1111

Bronze
May 29, 2013
1,250
233
63
Gringo
why would ANYONE pay their rent late in a foreign country, or anywhere for that matter

In many cases, five days would not be considered late. There is often a five day grace period that one has to pay. It is very common to require payment by the 5th day of the month. This is one reason to have a written agreement. That is the mistake here. No written agreement.
 

Big

Well-known member
Apr 24, 2019
4,861
4,046
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In many cases, five days would not be considered late. There is often a five day grace period that one has to pay. It is very common to require payment by the 5th day of the month. This is one reason to have a written agreement. That is the mistake here. No written agreement.

as a businessman and longtime landlord, residential and commercial, we have term we use for late or delinquent tenants ; LOSERS!
 

Celt202

Gold
May 22, 2004
9,099
944
113
If there was a contract, and I recall seeing a rental contract here previously, the rent deposit was made to a special bank of which I cannot recall the name. For some reason that bank is "the bank" for rent. Perhaps something like Banco Agricola.

That's it.
 

Big

Well-known member
Apr 24, 2019
4,861
4,046
113
the thought of late rent makes my blood boil, especially when you go by the house and see 2 Lexus SUVs in the driveway or a brand new Sterling truck backed up to your loading dock. What a loser to pay late for a commodity that gives shelter to your family or business.
 

CristoRey

Welcome To Wonderland
Apr 1, 2014
11,822
8,088
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Without a signed rental agreement I don't think
he has much ground to stand on. Who pays a
deposit and rent then moves into a place without
a contract?