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  1. #1
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    Default Can landlords turn off utilities for non payment of rent or condo fees?

    The question has arisen in the East Coast forum. Does anybody know if there is some new law to this regard?

  2. #2
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    as far as I know a landlord has no powers over utilities, as long as you pay them. If they are included in the rent, and he does not pay the respective companies, they will cut them.

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    There have been warnings posted there that if someone stops paying condo fees that include ultilities such as water, you are not always legally allowed to shut off the water to that unit. If there is some new protection for the administrator or law that has changed it would be interesting to have details.

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    Default Landlord cannot turn off...

    A landlord cannot turn off electricity to a residence, legally this must be done by Edenorte for non-payment or else the courts will be involved and landlord will be found guilty and forced to turn it back on.
    This in fact just happened at a Complexe east of Cabarete, The Oasis.

  5. #5
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    Quote Originally Posted by suzannel View Post
    A landlord cannot turn off electricity to a residence, legally this must be done by Edenorte for non-payment or else the courts will be involved and landlord will be found guilty and forced to turn it back on.
    This in fact just happened at a Complexe east of Cabarete, The Oasis.
    Well I don't know. I was told by my lawyer, at one of the DR's top firms, that, since a recent change in the law, the landlord CAN cut off utilities to an individual apartment when the utilities are included in the rent and the rent has not been paid.
    Anyway, if it goes to court and the landlord has to turn the utility back on, the non-paying tenant should have gone by then!
    Last edited by drstock; 08-01-2011 at 11:24 AM. Reason: Information left out

  6. #6
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    Quote Originally Posted by trangalanga View Post
    The question has arisen in the East Coast forum. Does anybody know if there is some new law to this regard?
    What do the rules of the condominium say about dealing with owners who don't pay their fees? If nothing is said about cutting off electricity, I would proceed with great caution.

    My advice is to wait for Fabio Guzman to reply to your question. The message we received said that he would be returning from his vacation on August 1, so he should be responding in the near future.

    In the condo where I live, a few years ago the administrator cut off electricity to the apartment of an owner who didn't pay his fees and was put in jail for doing so.

  7. #7
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    Quote Originally Posted by Ken View Post
    In the condo where I live, a few years ago the administrator cut off electricity to the apartment of an owner who didn't pay his fees and was put in jail for doing so.
    I was taken to the Fiscal once for that too, and I was ordered to reconnect the light back on immediately, or else.

    We'll have to wait for Dr. Guzmán to confirm whether or not a new law has been approved .

  8. #8
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    I posted this three years ago:

    This is a bit complicated. The condo association should not have anything to do with each owner's own water or electricity supply since legally the sole purpose of the condo association is to take care of "common things" and of those things happening inside private units that affect the condo as a whole. Each unit, therefore, should have its own contract with the local utilities and the condo association should have a separate contract for the common areas.

    The effective remedy against owners who don't pay their dues is collection and foreclosure under the expedited process provided by Condo Law #5038.

    Also, an old executive order from the Trujillo era made it a criminal offense for a landlord to cut services from a tenant. This order has been declared unconstitutional in certain aspects unrelated to this issue.
    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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    Fabio, If the condominium project supplies water to condo units through a common well, cistern and pumping system and owns and is responsible for the mechanical equipment and pays energy costs, would the administrator be able to cut off the water to an individual unit that is behind on condo fees?
    Thank you

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    Thanks for your reply, Dr. Guzmán.

    How about tenants who do not pay their RENT? What recourse do landlords have?

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