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Thread: Whaddya do?

  1. #1
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    Default Whaddya do?

    Ok, first off this is kind of imasculating and embarrassing but wtf. Second off it should probably be in the legal section (move ity if you want) but it sort of makes sense here as well as a topic of interest and it'll get more traffic here.

    I've been renting a house, naturally the owner's lawyer didn't make the repairs that were promised when we moved in (I have it all in writing and documented with pics) and after seven months on a one year contract (With two month's deposit that they failed to deposit in Banco Agricola) we've decided to move. My wife made the mistake of giving notice (I would have just told him we didn't have the money right now, "manaņa" until we were ready to move) telling them we'd be leaving and to just use the two month deposit to cover the last month's rent.

    So we're 19 days late on the rent (Planning on moving out between 30-45 days. Remember they have two months deposit.). Last week we received a letter saying the embargo process was underway and they'd be there the following day to start inventory of our things if we didn't pay that same day. I ignored the document, which clearly intended to harrass and scare. Really how would that be possible when we we're 12 days late?

    This morning my daughter came running into my bedroom at 7:40am saying there were men in the house!! I went downstairs and there were 5 men in my living room. I told them to get out and the main guy said "The door was open (Yeah right, they had the key). I'm the aguacil, I'm here to do an inventory of your belongings because we're doing an embargo. I am authorized by this document here. (But he wouldn't let me see the document)" There was the aguacil, some other guy who I believe worked with him but refused to show me his ID, two thugs he called "witnesses" who refused to show ID and just said "no" and walked past me when I told them to get the F out and a police Seargent. I told the police seargant this is illegal and he said "The aguacil has the ordfer right there. I'm just here to keep the peace.". I said "You're not a real cop. This is a home invasion", he grabbed his cell and said "You want to call more cops, call them. Go ahead, call them. I'm serious!" The Seargant and one of the thugs headed for the door when I returned with my digital camera and started taking their pictures, but the aguacil and his buddy mugged it up laughing and saying "You do whatever you want buddy, we're the law and this is happening"

    I asked "Which one of you is the fiscal, because unless you have a fiscal you can't be in my house". The agaucil said "I'm the aguacil, I don't need a fiscal. You will have to pay the rent that's owed TODAY, move out of this house TOMORROW, or the next time I come back it'll be to take your things as per the embargo, now which one's it going to be?". I said, first I don't accept you as any type of authority, nor do I beleive you are an aguacil and second I wasn't going to answer to anyone until I spoke to a lawyer. He said "Call one, I'm the aguacil, I've got the order right here authorizing me. There's not a lawyer in this country who can dispute this document, by all means call them lol!!!" It was 7:45am so I couldn't get anyone on the phone. Then the aguacil got on his phone with the attorney for the owner and said "He says he's not paying, not moving and we're not taking his furniture, what do you want me to do?"

    Then they went around writing down the things in my living room and dining room and said they'd be back for the stuff "Next time".

    Now, clearly they can't kick me out for being 19 days late on the rent but it appears the owner's lawyer has a friend in the aguacil and who knows who else? I thought about calling a couple people I know but they're in the DNI and National Police, nothing to do with aguacil or this type of issue. I'm a little concerned that they'll be back (Legal or not) with more cops and guns and just take what they want.

    Thoughts, advice?

  2. #2
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    What part of the country are you living in?

  3. #3
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    Santo Domingo. For the record I think this was just a scare. i.e. They know they were breaking the law and if they had any intention of really doing anything they already would have, still be nice to know who to call if they show up again. Consumer protection agency, I've been told to see someone at Banco Agricola, etc.

  4. #4
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    I have a real good lawyer that would squash this quickly, but he is on the North Coast. Just get a good lawyer and have him contact the landlord. They are full of it.

  5. #5
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    Cut your losses and move quickly. Why waste more money and stress by getting a lawyer involved (and paying, paying paying).

    Find a new place PRONTO. At the last minute, once the truck is loaded, tell the watchyman that you're moving to a city on the other side of the island. (and then the lawyer or owner can go on a wild goose chase until they decide to give it up).

    Move out in the evening, and do a dominican move-out, taking the light fixtures, the switch covers, the ceiling fans, the botequines, etc. Give as good as you get, and if they don't want to play nice, then F**k 'em.

    Most likely, the owner's lawyer pocketed the two months deposit. (99% sure of this) The lawyer can file all the papers he wants for next to nothing, and he surely doesn't want to give any of the money he took back to the owner in lieu of your late rent.

    I went through the same type of thing with my first apartment in Sto Dgo -I was paying the rent and the maintenance to the owner's lawyer, and he never bothered to pay the maintenance back to the building management. (my error). He was found out when the building manager came to me 6 or 8 months after I moved in and asked when I would start paying maintenance, or else he would cut off my water.

    First thing in your new place: CHANGE THE DARN LOCKS ON THE DOORS. Don't be tacaņo. It will be your home - why should the owner have a key to your HOME? If the new place needs any repairs, make it part of the new agreement that you will get the repairs made and deduct them from your rent with the receipts. Suerte.

  6. #6
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    Quote Originally Posted by SKY View Post
    I have a real good lawyer that would squash this quickly, but he is on the North Coast. Just get a good lawyer and have him contact the landlord. They are full of it.
    You should PM your lawyer to the OP since they will often give referrals.

  7. #7
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    I hate to say it but, go ghetto on his behind, move out right now, and trash the place. And spray paint on the wall "Coge ahi ahora tu embargo maldito alguacil del Diablo"....and add "Por abusadores azaroso te debarate la maldita casa"...No just kidding don't do it, but if you do do it take pictures and pm them to me

    I don't get it, I recommended to my father to evict one of his tennants and he said that the law is always on the tennants side. Why can you be harrassed like this and my dad seem powerless to even request an increase in rent? Que pais este...

  8. #8
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    Lando, Thank god your dad is the landlord and not you, LOL

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