Am I Reading This Wrong?

And what will the landlord do if the renter does not pay his last month and tell the landlord to use the deposit as rent payment ??

Especially if it's the last month and if the renter is moving out... What then ???

I have noticed that "math" is not a strong point here. Ending a rental contract amiably also seems to be somewhat rare; I say this as I am going through the same thing with my landlords.
Their "math" works out just fine for me, despite an attempt to only return half my deposit; their "math" is so bad that they think they are returning half but are actually returning it all. So mum's the word on my end!!!
There was also a crying fit (not me) and a weird visit from a disheveled "lawyer" to "inspect" the apartment.
What a delightful and charming island!
Why do I get the feeling that a lot of Dominican-style rentals end with not being able to evict the tenants and them wrecking the place? Oh right, because that's what my landlords told me. ;-)
Just live it out according to what YOU calculate you have paid. It sounds like the landlord's "math" in this case is to your benefit but just to be on the safe side, and since you have your receipts and are (presumably) better at "math" than your landlord, stick to what you have paid.
One other thing: I was told, and maybe someone with more experience here can verify it, that here in the DR rent is paid at the end of the month and not prepaid. I do not know if this is true; certainly not in my home country and as I've only rented one place here I can't be sure.
To sum up: live it out. It's what Dominicans do.

The spirit of the clause is to enable the property owner to deduct money for any repairs due to misuse by the tenant.

amp said:

You are absolutely correct. It does specify we cannot use the deposit towards rent.

We're not in agreement on what the actual deposit was and how much is left of said deposit.

Click to expand...

If it's a deposit, wouldn't it ALL be left? Unless it was used for damages or something? It sounds like THEY are trying to claim some of the deposit as going towards rent… does this bode well for them actually honouring the contract and returning it to you when you move out?
Are you leaving the country at that time and do they know that?
I still think you should live it out.

In spite of what a contract says you will often find yourself stuck with a landlord that has his own ideas. Often to scam moey from you they ay say that half of the deposit went towards having the agreement made up, and that is at your expense. If you are not convinced by the landlords moral code then I would be inclined to just ignore him and move out when you have lived out the deposit in your mind. If you want to live to the letter of the contract then you are at fault, but if you did pay the final months then nothing to say he will even then give you back the deposit. If he doesn't want to, then he can just make up damage on the place.
My first rental in Santo Domingo the landlord was a right scammer. Advertise on here. On day of leaving she claimed US225 because I had used the pots n pans. So it is not just Doms that are scammers.

Is the DR contract for 2 months Security ?
because Most contracts are One Months equivalent for possible Damages, and a FULL Month in "Advance" Rent..
Only difference is that the One month advance goes to the 2nd month rent, if the first month is a Partial, or Pro Rated..
Unless there is a 2 month Security like a Commercial Lease. ( which sounds like the DR Lease you posted).
So one could gather the One month in Advance is " in case" there is a Default or Not on Time Payment ?
What was your move in date, and what is your move OUT date ? If the first Month is pro rated, for the partial days, do you ever recall paying a PARTIAL months Rent ? thats where it usually gets confusing. But if you have all your receipts and a Calendar its pretty easy to figure out the Totals owed and paid.
As was said, he cant have it his way, IF the Contract (as translated) specifically states there is 2 months security and NONE of it can be used towards Rent... and you have receipts from the Move in date to the end of contract..
Verbal does NOT override the Written part, unless He was doing you a favor and allowed it, in which case you would be ONE Month Rent Receipt SHORT..
My question would be if you moved in paying that 17000 "Deposit" amount only, WHEN did you pay the First Months Rent ?
is the Rent not due on the 1st ?... not taking the landlords side, just asking.

Landlords do not want to return money. Its the same pretty much everywhere. Many landlords look at the security deposit as a bonus when you leave and make every effort to pocket the money. Its me I weigh the amount of money versus the hassle and decide what to do. I do not let my emotions and ideas of "fairness" or "what is right" enter the picture. You will never win a logical argument with a Dominican.

Pretty simple, don't pay last 2 months rent, and call it even, am I missing something here?
Copy all of the checks / deposit slips to his bank account, however you paid as a record of payment to him. It also sounds like you did not owe him rent for first month, and paid it twice, including deposit.

This is turning into another Ground Hog's Day thread.

In the DR, you pay Rent when the Month is OVER ?
I did not know that
At this point you need to take a calendar and add your receipts for TOTALS. That is the only way to know for sure.
cuz based on what you just said you paid your first months rent, when it was over, therefore at your MOVE out date, you would OWE a FINAL months Rent..
I dont see how you were ever "ahead", based on what you wrote.. sorry.. just calling as i see it.
the biggest mistake here was not PRO RATING July for the 26 days, and start CLEAN on Aug 1, and go from there.

Get a calendar, show the months lived there.. Use a Crayon if need be.
Show him the totals Paid, and if there is no dispute over the total $ Money PAID
... end of story...
the landlord can go kick rocks if he does not agree with the math.

it sounds NOW , like he wants ANOTHER payment, and THEN he will refuse to refund the Security.. ( Half or ALL)
yeagh, that would be a Scam.

IMO , that Deposit is actually one months ADVANCE RENT ( plus the damage security) as I had thought originally, but perhaps they word it so its all "security" ?..
So in effect your last months Rent is PAID, despite of what your LL said.

JDJones, whats wrong , you dont like math ?
LOL

Just let the final months run out, give him a gift and a hearty handshake. That will be the end of it. We always let our tenants skip final payment. People would rather not pay and leave us with deposit. Just make sure apartment is not damaged, then neither landlord nor tenant should care.

4*4*4 said:

Just let the final months run out, give him a gift and a hearty handshake. That will be the end of it. We always let our tenants skip final payment. People would rather not pay and leave us with deposit. Just make sure apartment is not damaged, then neither landlord nor tenant should care.

Click to expand...

You are very kind-hearted.

The whole point of a deposit is to protect the landlord from damages to the property during the ENTIRE rental period. That includes up to move-out day. That includes damages that aren't readily apparent, and damage to the unit that occurs as a consequence of the move itself. If you don't keep the deposit, then you literally have no meaningful recourse that doesn't involve hiring a lawyer.

Lessons learned the very hard (and expensive) way.

DRob, our philosophy in managing properties is ostensibly "kind hearted" but is more of a long term strategy. Happy tenants stay longer and refer friends and family. Thus, we have less turnover, damage, vacant months and headaches. We also charge 20% less than market rate. Our focus is on stress free lifestyle and long term appreciation.

amp said:

Here's the skinny in the fastest way possible.

- We paid RD$17,000 as a deposit, just as it states in the contract

- We moved in July 5th, 2013

- We paid our first month's rent on July 31st, 2013 which would cover July 5th - August 4th

- We have never missed a month's rent

The landlord is saying 1/2 of the RD$17,000 deposit (RD$8,500) goes to the first month's rent. So only RD$8,500 should be returned to us as a deposit.

If what the landlord says is true, the rent we paid on July 31st was not due at that time, it was due on or before Sept. 5th.

We are actually a month ahead in rent according to what the landlord says.

Click to expand...

Your landlord said half the deposit, not the whole thing. Your rent was due when you paid it, and you are not a month ahead. It doesn't matter that the contract says 2 deposits, the reality is it's actually 1 month deposit and 1 month in advance. That's why your first payment was at the end of the month. You're always paying the month forward, not the month previous. Your landlord is not trying to rip you off, but thats how it works in the dr. Before you move out, make sure you don't pay for the next month, or he will owe you 2 deposits.

I would "counteract" with requesting the landlord to show the proof that the deposit money was deposited in Banco Agricola as the law states. If he did not deposit it (which 99.9% do not do), then that money you paid as "deposit" is not a deposit but actually a prepayment.

Counteract with this and say you will live off your prepayment (formerly known to you as deposit), unless the landlord shows you a proof that the money was deposited in Banco Agricola. He cannot evict you for living off your deposit, because well, there was legally no deposit to speak of, if he/she failed to deposit the money in Banco Agricola.