Tenant Friendly Rental Agreement

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engineerfg

Guest
Does anybody have a 'tenant friendly' rental agreement they are willing to share with the DR1 online community?

If you're not comfortable posting it on here, please pm me if you're prepared to share and/or sell me a copy for cash/favors/alcohol.

Thanks
 

mike l

Silver
Sep 4, 2007
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0
Does anybody have a 'tenant friendly' rental agreement they are willing to share with the DR1 online community?

If you're not comfortable posting it on here, please pm me if you're prepared to share and/or sell me a copy for cash/favors/alcohol.

Thanks


I will give you one for free!

If you find a decent owner like I have you just pay your rent on time and that's it!

As far as contracts are concerned, some want 3 - 6 months rent in advance etc.

Deposits are another issue!

Anytime you get involved with contracts, deposits and absentee owners expect the worst!
 

Reidy620

Bronze
Mar 30, 2008
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www.casaellie.com
Does anybody have a 'tenant friendly' rental agreement they are willing to share with the DR1 online community?
If you're not comfortable posting it on here, please pm me if you're prepared to share and/or sell me a copy for cash/favors/alcohol.
Thanks
Have sent you a PM.
Tropical Regards
Reidy
anpalmisl.gif
 
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engineerfg

Guest
Thanks

Thanks Reidy, just responded ;)

Mike_i, any objections if I post the agreement publically with the details removed?

Basically I presume many new gringo future renters in this country will be in this position -- being prestented with an agreement from their landlord that is crooked or not so 'tennant friendly'.

If we have a public 'good' agreement here, people can just print and insist on using this agreement - or at least have it as a starting point. and this thread can be sticky'd for future new comers.
 
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engineerfg

Guest
I got so frustrated with the Dominican run-around that I ended up renting a place with an American owner and did our deal in new york. Sorry :(
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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if you did your contract by Nueva Yol Rules/Law/Lawyer, then You did the worst You could have done, because such contract may not have any value in the DR in case one day You want to receive Judgement by a Dominican Court.

Mike
 
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engineerfg

Guest
I don't intend on living in DR for more than a year. My landlord has all his assets in the states, and it's easier for me to sue someone in English than in Spanish, or deal with the Dickensian courts system here.
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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just out of curiosity, because I really have no clue about such case/contract constellation.
but If You would get in a clinch with your Landlord about a Rental in the Dr by a contract written in New York, would a New York Court take it's Time or even have any Powers and handle the case or would you need to fight your rights at a DR court and of course need to Translate the Papers with the appropriate "Legalization Process in spanish to show them here?
interesting constellation.

Mike
 

DMV123

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Mar 31, 2010
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Dominican Law is territorial so the contract written in the USA does not supersede the law here. It can add protection but not take away.
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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Punta Cana/DR
www.mikefisher.fun
that's what I would have thought, too, without "Knowing".
what kind of 'extra protection' anyways could a foreig contract signed in a foreign country bring?
I would even guess that the dominican law would not even recognize any rental contract not written in the DR, in spanish and by the existing dominican rules/laws/costumbres.

Mike
 
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engineerfg

Guest
Why is it unethical to skip over a local lawyer?

From my limited experience local lawyers were either all idiots, or crooked, or a combination of both. You don't have to take my word for it, ask around and see how many lawyers have burned expat fingers?

As for jurisdiction, actually it's pretty straight forward. So long as in the contract both parties agree on the jurisdiction the covers the contract and what the dispute resolution is, and what body the parties can refer to in seeking relief, then it's OK to do the contract in another country outside the DR. Lucky for me, my landlord has almost all their assets in NY so makes life easier than trying to chase money here and worry about some kangaroo court.
 

Tamborista

hasta la tambora
Apr 4, 2005
11,747
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Why is it unethical to skip over a local lawyer?

From my limited experience local lawyers were either all idiots, or crooked, or a combination of both. You don't have to take my word for it, ask around and see how many lawyers have burned expat fingers?

As for jurisdiction, actually it's pretty straight forward. So long as in the contract both parties agree on the jurisdiction the covers the contract and what the dispute resolution is, and what body the parties can refer to in seeking relief, then it's OK to do the contract in another country outside the DR. Lucky for me, my landlord has almost all their assets in NY so makes life easier than trying to chase money here and worry about some kangaroo court.

You seem to know all of the answers and only listen to the ones you want to hear, so why are you even soliciting advice here? Two responses so far here are from local Real Estate/Business professionals, yet you want to do it your way.

The breach of a lease outside the juristiction of the USA is not enforceable by either party. What tenant/landlord dispute will be heard by any judge in either country with a lease notarized in NY?

In NYC we use a standard REBNY lease, and would never use this as a legal contract outside NYC. Get a standard lease form in DR (if it exists) ... or pay a lawyer RD1000 as suggested and have it notarized in DR, or ignore this thread, your choice.

tambo's 2 RD Pesos
 
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engineerfg

Guest
I was not asking for advice (anymore) - I was sharing my experience from over 6 months ago.

As for the NY lease thing, what can I say? I respectfully disagree and can explain it in detail in person if you're actually interested.

To each his own!
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
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www.drlawyer.com
Why is it unethical to skip over a local lawyer?

From my limited experience local lawyers were either all idiots, or crooked, or a combination of both. You don't have to take my word for it, ask around and see how many lawyers have burned expat fingers?

As for jurisdiction, actually it's pretty straight forward. So long as in the contract both parties agree on the jurisdiction the covers the contract and what the dispute resolution is, and what body the parties can refer to in seeking relief, then it's OK to do the contract in another country outside the DR. Lucky for me, my landlord has almost all their assets in NY so makes life easier than trying to chase money here and worry about some kangaroo court.

Not all local lawyers are idiots, crooks or a combination of both.

Not all Americans are patronizing, foolhardy and omniscient, or a combination thereof.

The parties cannot always choose the jurisdiction or the law governing their contract.
 

DMV123

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Mar 31, 2010
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not all local lawyers are idiots, crooks or a combination of both.

Not all americans are patronizing, foolhardy and omniscient, or a combination thereof.

The parties cannot always choose the jurisdiction or the law governing their contract.

very well said fabio!!!!!!
 
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engineerfg

Guest
Not all local lawyers are idiots, crooks or a combination of both.

Not all Americans are patronizing, foolhardy and omniscient, or a combination thereof.

The parties cannot always choose the jurisdiction or the law governing their contract.


On the legal point being discussed, you will note my assertion was not that parties can *ALWAYS* choose the jurisdiction governing their contract. Your attempting to twist the conversation into that is a classic lawyerism (an obfuscation requiring consultation ie. Payment to clarify). In this matter at hand, me through my holding company, and my landlord through his holding company, both companies that have dnb reports on their viability and liidity can structure a commercial agreement governing the use of one of his assets and choose our own jurisdiction in the usa without any problems. If you are giving legal advice to the contrary, then I would revisit my first sentence again (the part about dishonest legal wankers).


On the point of North Americans being patronizing, foolhardy, and omniscient - point well taken, not all of us are as so. So I guess you're half right.

But to be thorough, the other half of your sentence should say:

"Not *all* judges are part of the endemic corruption and bribe taking in this bannana republic, but *most* are...."