The question has arisen in the East Coast forum. Does anybody know if there is some new law to this regard?
- Thread starter trangalanga
- Start date
Can landlords turn off utilities for non payment of rent or condo fees?
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.
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.
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!
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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.
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.
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, 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
Thank you
Thanks for your reply, Dr. Guzm?n.
How about tenants who do not pay their RENT? What recourse do landlords have?
How about tenants who do not pay their RENT? What recourse do landlords have?
oh dear!........ this is one reason i have tenants get their own utilities contracts and when they leave they have to show proof of termination before getting their deposits back.
i do include any monthly building "complex" admin/maintenance fees in the rent though and pay that myself.
i do appreciate though that there may be different reasons for handling tenants and their electricity contracts differently.
i do include any monthly building "complex" admin/maintenance fees in the rent though and pay that myself.
i do appreciate though that there may be different reasons for handling tenants and their electricity contracts differently.
Share in my happiness...this goes out to the Good Guys and Gals....
~I was one that recently was beat out of $20,000.00RD for electric comsumption from a tenant...Just a brief history...Tenant pays rent includes Water, Waste, Housing, Cable, & Internet....The electric comsumption is outside of the signed agreement and they pay CEPM direct, or CEPM shuts them off...well as it may be I had a tennant leave way ahead of the signed agreement and they skipped out of town leaving me with the electric bill to pay...the meter and account are in my name therefore leaving me responsible in the end to pay or get shut off.
Tenant did leave a note that stated they would forward the electric bill money once they returned home and I had not heard anything...I inturn did my due diligence via letters etc....and low and behold money was received for the electric bill comsumption....I was soooooo shocked....and very happy at the same time....
Just thought I would share that there are still some good people in this world
~I was one that recently was beat out of $20,000.00RD for electric comsumption from a tenant...Just a brief history...Tenant pays rent includes Water, Waste, Housing, Cable, & Internet....The electric comsumption is outside of the signed agreement and they pay CEPM direct, or CEPM shuts them off...well as it may be I had a tennant leave way ahead of the signed agreement and they skipped out of town leaving me with the electric bill to pay...the meter and account are in my name therefore leaving me responsible in the end to pay or get shut off.
Tenant did leave a note that stated they would forward the electric bill money once they returned home and I had not heard anything...I inturn did my due diligence via letters etc....and low and behold money was received for the electric bill comsumption....I was soooooo shocked....and very happy at the same time....
Just thought I would share that there are still some good people in this world
In case of nonpayment of rent, the recourse is eviction proceedings, not cutting off the utilities. Similarly, in case of nonpayment of condo maintenance (including charges for utilities), the only legally foolproof recourse is collection and foreclosure.
I know that it is common practice for the landlord to solve his problems rapidly by cutting off the utilities. However, in such instances, he may well find himself in deep trouble if the tenant retains good legal counsel.
I know that it is common practice for the landlord to solve his problems rapidly by cutting off the utilities. However, in such instances, he may well find himself in deep trouble if the tenant retains good legal counsel.
Dr Guzman. Can an administrator shut off the water for non payment of condo fees if the water is supplied by a well on the property and the condo association pays for all the maintenance and cost of electricity for the pumps? The valve to supply the water to the non paying unit is on the common property. It seems so logical. No sharing cost - no water.
Thanks
Thanks
So far he has answered this question twice, how many more times before you get the answer you want?
Fabio J. Guzman said:
well Belmont I felt the answers applied to cutting off water in areas that are supplied by an outside utility. Hopefully Dr Guzman will have more forgiveness in his heart for the clarification I requested. Utilities to me are not the same as an owner supplied well. But since you feel qualified to respond to the legalities of the difference I thank you for your legal opinion.
You sound like my kids. They ask the same question over and over until they get the answer they want.
What Fabio keeps saying is that if owners don't pay condo fees the condo should initiate proceedings in the land court to take over the apartment. There is an expedited proceeding available so that the matter can be resolved quickly. Ordinarily when an owner receives a notice to appear before the judge and knows he must hire an attorney and will likely lose his apartment he realizes that paying the condo fees is the wise thing to do.
However, if the water source for your condo is a "common area", which it seems to be from your post, then I agree that it is worth asking your question. But meantime, your condominium should be looking into taking the owner to the land court since that may prove to be the best, and perhaps only recourse you have.
One final suggestion. I think you are more likely to get answer if you make your question the subject of a new thread. Fabio may not return to this one, thinking he has already answered the question and that what followed was just the usual chatter that goes on regarding his response.
Even if Fabio were to say you could shut the water, that in no way could prevent the condo owner from filing criminal charges against the association director. Are you willing to let the courts sort this out? Fabio is saying the safest way to procede is to file for collection and foreclosure under the expedited procedure in Condo Law #5038. Obviously this procedure was created to address a situation as you describe, but if you feel that you can usurp the system, go ahead.