Return of rental deposit

Pete

New member
Jul 16, 2002
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Having just changed apartments after year lease expired, I am trying to recover my 2 months deposit.
I have followed the terms of the contract, paid all the bills and left the apartment clean and with no damage.

I am told by the owner that she does not have to refund the deposit and as I am an american there is not much I can do about it.

Anybody have knowledge of the true situation and recourse??
 

XanaduRanch

*** Sin Bin ***
Sep 15, 2002
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I don't know what the fine legal points are. Guess that'd depend on your contract. What's it say? I am sure someone will pipe in on that.

I have noted that a lot of people renting here tend simply not to pay the last two months of their rent and let the owner cover that with the deposit. I know we did that once or twice in Santiago before we bought Xanadu. Depending on where you're renting I think a lot of the landlords just take that deposit and spend it, never expecting to have to return it for just this reason.

Tom (aka XR)
 

Criss Colon

Platinum
Jan 2, 2002
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yahoomail.com
The "LAW" and reality are always two different things here!

Law:the landlord has to "escrow" your deposit! and retun it,if there are no "damages"!Reality,I had paid 3 months deposit,I didn't pay last 3 months rent! When I left,I went to the lawyer,gave him the keys.He said that I owed 3 months rent,I said he owed me 3 months deposit.I said,"We're even! He said "OK"! Now, you have learned a "Life Lesson" about "Law & Honor" in the DR. They Don't EXIST!

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If I still had a key,I would go back and "Trash" the place!!!!!!!!!:bandit: You will at least feel better!
 

Pete

New member
Jul 16, 2002
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Thanks guys !!!

Too late to use the deposit and the other option will probably get me a free trip to the local carcel.

I'll keep working on it as its a lot of money for this old retiree.
 

mainer

New member
Mar 22, 2002
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Same thing happened to us

I just got back online, and I was going to add this story to my "trip report", but I guess that it will fit in here.


We rented a house in Perla Marina, Sosua for three months. We had a "contract" via email, and we deposited the first month's rent and a month deposit into the manager's account. We discussed signing a longer lease with the manager, but we did not commit to anything (edited to add: We actually made it very clear that we would not be staying, and the manager even sent her friend over to take us to Cabarete to look at the friend's house), nor did we get the long term renters reduction in our rent.

We gave a month's notice that we were moving to Villas Karibik, and we left the house clean and in good repair. (The place was badly in need of paint when we moved in, and my husband fixed all of the screens)

When we tried to get our deposit of $800 bucks back, we were told that we could not get it back as we had made a committment to rent long term. We told some friends about the issue, and they recommended an attorney. We hired a Dominican attorney, who told us that this happens all the time to Americans. Apparently we should have used our deposit as our last month's rent. Anyway, the attorney said that it would be $2000 pesos if we won, and only the cost of the legal stamps if we lost.

Since we had made the contract via e-mail, we had a contract valid under American Law and not Dominican Law. ALWAYS sign a paper contract in the DR. The manager backed off about the supposed "committment", but she told the attorney that she had to pay $40 US to have the house cleaned. Now, I know for a fact that she pays the maid 200 pesos per day to clean the rental houses. Plus, our maid had spent the day cleaning the house. The manager also stated that the house needed painting and that we must pay for the paint. Two of the four houses had just been painted, and the gardener was in the process of painting a third (which the manager was living in). So, for some reason, we were the cause of the faded and peeling paint in our rental. The attorney put some pressure on the manager, and , since she owns a VERY large hotel in Cabarete, she agreed to pay back the deposit minus the cleaning and painting fees.

Then, she had the nerve to say that "it never needed to come to this". No, it didn't need to come to involving a lawyer. We could have been good Americans and gone back to the US without our money.

We settled, only because the lady was a bag and was ruining our last weeks in the DR. We got most of our money back, and, hopefully, she won't do this to the next Americans who rent. We know people who have had personal dealings with her before that were not quite "right".

I will add that, other than divorce, this is the first time either my husband or I have had to get an attorney for anything civil.

So, I would suggest that you get an attorney. The cost is not that much in the DR, and we were told that most renters will give in if you fight. If you are in the Sosua area, I will be glad to give you the info on our attorney. Good luck

Mainer
 
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MrMike

Silver
Mar 2, 2003
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www.azconatechnologies.com
Maybe we need a blacklist

Maybe we should start a database of people known to be dishonorable and abusive of foreingers, I know it would be a long list but maybe it would help a few people out.

Of course most foreigners would sign their rental contracts before ever finding out about any such list or about DR1 but maybe they would happen upon it before moving out, and would at least get wise enough to live out their last month's rents.

I have had the misfortune of dealing with numerous people who live to take unfair advantage of dealings with foreigners, it would be great to see a place where they were all named so others could watch out for them.
 

JanH

New member
Dec 26, 2002
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I was going to ask her to PM the name of the woman, but if it's ok, she can post it publicly.

I have heard of several female rental managers in the area - some good and some not.
 

Snuffy

Bronze
May 3, 2002
1,462
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Reality....

Dont expect anyone to hand over deposits owed to you....you have to think differently here in all transactions or they will eat you alive. Dont pay the last few months rent...that gives you control.

always try to keep control...get lazy and assume and they will screw you whenever possible.

For example....you want to get work done on four teeth...at a dentist....you have to price one tooth and get it fixed. if the dentist does a good job on one...get the next one done and so on and so on...paying as you go. Never pay for all four teeth up front...you may just get lazy work. That is an extreme example but explains just how controlling you have to be...or how paranoid.

These people never think long term....only short term.