Renter's Rights?

Whether it is or not (legal), once you face an other party starting to tell you what you have to do and it's not to your advantage or as previously agreed in writing or word or threatening you in any way, you have no other choice but to lawyer up (sorry yes, at your own cost).

Local laws are generally protective of the tenant (as well as employees), and if you can prove having made rent payments directly or as a deduction from your paycheck, your legal representation should be able to make the case that you are a tenant, even with the lack of a formal contract.

On the other hand, it would seem reasonable that you would pay for any excessive wear and tear or damage caused by you directly (broken, missing).


As always, I am not a legal professional, this is not legal advise.
... J-D.

I am guessing they are bluffing, even if they don't realize it.

As an employer you can talk tough but when comes right down to deducting wages this is pretty much impossible to get away with.

Just keep a cool head and accrue some nice antiquity with your job, ( at least 3 months but the more the better) and if they mess with your pay for any reason get an inspector from the labor board to discuss it with them.

You wont be making any friends, but you will get paid.

or, on the other hand

Much as I hate to disagree with JD and Mr. Mike, who both tend to have insightful comments on this board, I'm going to have to give you a slightly differing opinion.

"...you have no other choice but to lawyer up"

"...get an inspector from the labor board to discuss it with them."

Both these options are extremely confrontational and all but force your counterpart (in this case your landlord / boss) into a defensive posture.

I would recommend a softer, more reasonable approach to begin with.

Schecule a few minutes to discuss the matter. Explain to your boss that you are happy in your job and happy in the apartment, but that these recent changes in what you had thought was an arrangement that worked well for both parties is putting unnecessary stress on the what was until now an excellent working relationship.

Tell them that you don't mind taking care of the little things, but when it comes to mechanical or maintenance issues, it is best to have the owner of the building take care of it so that they are sure it's done properly. As for the cost, as the apartment is part of your working agreement (try to avoid using the word contract), separate company or not, suggest that maintenance was part of that agreement. If that is no longer the case, suggest that they look at paying you a comparable housing allowance so that you could find a unit that better fits your needs (knowing what the going rate for a comparable unit is will help you immensely here). Tthey won't want to do that because they own the building you are living in, and a tenant who pays rent (in exchange for part of your salary) is better than having it empty or worse, with a tenant who doesn't pay rent.

By reframing the conflict as your boss revisiting of your working arrangement, you put into play the whole renumeration package, which your employer will not want to do. But you also give your employer a way to satisfy you while saving face (he wants the work done well, and doesn't want to have you move, so he can be magnanamous). Finally, you are being proactive in this issue, and standing up for yourself in a way that shows respect for your employer -- something they will, subconsciously at least, respect.

You can always bring in the lawyers and the labour inspector later if you decide the issue is worth taking to that level (hint: it probably isn't). But once you adopt an aggressive stance, it's more difficult to move to a collaborative one. Do you really want your landlord/boss to view you as an adversary?

This is an issue that should never see the inside of a lawyer's office or the desk of a labour inspector. Help your boss do what you want him to do.

No disagreement here SoJo, there is certainly nothing wrong with a friendly sit down, if that is still possible. I assumed that the OP's case was passed that point (when the threaten to take monies from a paycheck).
Sosua Joe's approach could include clearly hinting that you know that the laws are very protective of both a tenant's and also an employee's rights. For that effect, a previous informative chat with a lawyer would equip you better to be able to fend off non valid arguments thrown out by the counter part.

... J-D.

I likewise assumed we were beyond friendly chats, and advised that the OP bide his time and let the situation cool off while at the same time maneuvering into a position where his employers would have more to lose by dismissing him before taking action.

I am happy to endorse your suggestion of seeking an amicable solution if that is still a possibility.

Rubia33 said:

Hi,

I am new to posting to DR1. I do read many of posts and thank everyone for posting and replying.

I am currently living in the DR and took a job that included fully furnished housing owned by the sister company. I was constantly told that the place of employment and the company that owns the apartment complex is separate. I never signed a renter's agreement, rules, or anything that said what I was responsible for. When I moved in two years ago if any problems arose with the apartment then we were to contact a certain company and they would fix it with no cost. Now the company has changed as of March 1 and I am responsible for everything. I never gave a deposit considering my employer was paying for my housing. My main concern is that my employer who insists the companies are separate is threatening to keep my paycheck and/or deduct money for missing/broken things in the apartment. Where I live is mandatory if I want to keep my housing allowance and I do not make enough to afford to live in another part of the area.

My questions are: Is this legal? What are my rights in this?

Thanks for the help.

Rubia33

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Mike and JD:

Thanks for the kind words!

It's never past the point where you can negotiate. Conflict itself is a form of negotiation, war being the servant of diplomacy and all that. Where people make costly mistakes is in deciding on the most effective form of negotiation for a given situation.

I would be interested in a follow-up post from the OP to see where he ended up with this, but I'm getting used to offering advice and wondering what ever happened to...