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Thread: Can the owner enter a rented apartment without tennant´s permission?

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    Default Can the owner enter a rented apartment without tennant´s permission?

    What does the Dominican law say about the following situation? Is the owner allowed to enter an apartment with a buyer/visitor without the tennant´s permission?

    Today when we came home to the apartment, the owner was there with someone who seemed to be a possible buyer. I see it as a security issue. I don´t want strangers to enter my home, when I´m not there.

  2. #2
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    Quote Originally Posted by Chareena View Post
    What does the Dominican law say about the following situation? Is the owner allowed to enter an apartment with a buyer/visitor without the tennant´s permission?

    Today when we came home to the apartment, the owner was there with someone who seemed to be a possible buyer. I see it as a security issue. I don´t want strangers to enter my home, when I´m not there.
    Change the locks and don't give the owner a key.

    This is usually one of the first things many renters do here.

    It stops this problem and the fear of previous tenants returning.

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    Quote Originally Posted by Chareena View Post
    What does the Dominican law say about the following situation? Is the owner allowed to enter an apartment with a buyer/visitor without the tennant´s permission?

    Today when we came home to the apartment, the owner was there with someone who seemed to be a possible buyer. I see it as a security issue. I don´t want strangers to enter my home, when I´m not there.
    I believe, the answer is no, unless you have not given the owner reasonable (supervised) access. The owner has rights to sell, show the property every now and then and also has a right to access to review his property UPON appointment with the tenant(s). The situation may be different with daily, weekly and other short term vacation rentals, where the owner or operator may have some daily access to the units anyway (motel, apart-hotel situation).

    One owners agent tried that once on me (in the DR). I threw the son-of-you-know-what out as I surprised him and informed him in no uncertain terms, that next time, he'd be treated as a "ladron" (thief). He got the message!

    And yes, change the locks.

    ... J-D

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    As an owner put into your rental contract (and all long term rentals should have a contract) that the property is for sale and that with proper notice (24 hours or whatever) you can show the property. YOu should also stipulate that if the property sells either the rental contract will be honored or there will be a time period (30-60days) that the renters will have prior to having to vacate.

    Bob K

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    Quote Originally Posted by Bob K View Post
    As an owner put into your rental contract (and all long term rentals should have a contract) that the property is for sale and that with proper notice (24 hours or whatever) you can show the property. YOu should also stipulate that if the property sells either the rental contract will be honored or there will be a time period (30-60days) that the renters will have prior to having to vacate.

    Bob K
    Yes, well, please do not forget that you can not enforce a contract or parts of a contract which are in conflict with the law.

    ... J-D.

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    I don't believe Bob K's 2 points are in conflict with any law and I have seen them in many rental contracts. As long as the agent gives reasonable notice of his wish to show the property and at a reasonable hour that is convenient to the tenant and a reasonable notice period for vacating the property is stated in the contract.

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    Unless the lease says otherwise, the answer is no. The owner cannot enter into the house. As a matter of fact, entering without permission constitutes trespassing, which is a criminal offense.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    [email protected]


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

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    Quote Originally Posted by Fabio J. Guzman View Post
    Unless the lease says otherwise, the answer is no. The owner cannot enter into the house. As a matter of fact, entering without permission constitutes trespassing, which is a criminal offense.
    if the lease does gives the owner permission to enter, is there any way to stop them?

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    Permision to enter for inspection still requires notice prior of entering.

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    "I go back to my orginal post of puting it in your lease (contract). As per Mr Guzman "unless the lease says otherwise"....
    So if you plan on selling a unit that you are renting put in the lease contract that with reasonalble notice you can show the property as well as what happens to the tennent if the proprety should sell.

    Bob K

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