Landlord died! What now??

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fightingirish

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Dec 8, 2005
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Im kind of in shock! I came down to SD about a month ago to find an apartment, as i will be starting a teaching job this fall. I signed a lease for an apartment owned by an old Swede.

He seemed sickly, but not... you know... on his death bed!

In any regard, I returned to the US to arrange some things and flew back down yesterday. The ?security?guard who hangs around the front door told me that the guy died three days ago, r.i.p.

I have a receipt for the month of rent i paid him, as well as the two months down as security. What should I do?

I wouldnt be surprised if the security guard begins to claim that I should pay him. He has worked with the deceased for over 20 years. The deceased has no family, no friends. I think the security guy was his last contact with the outside world, running to buy his water, beer, groceries, etc.

Clearly I wont pay my rent to the security guard, but whom if anyone should i pay? Do I need a lawyer? Should I just sit tight? How are these matters resolved in the DR?

Thanks for any advice!

Grant
 
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HOWMAR

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Jan 28, 2004
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Go to Banco Agricola and open a separate escrow account to deposit your rent into each month until the new ownership of the building is settled. Be sure to make your deposits on time each month. This is the procedure to be used in any landlord-tenant dispute in the DR. You cannot be evicted as long as the rent is paid on time to this account.
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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There is no need to pay the rent at the Banco Agr?cola in this instance. Just make sure you will have it at hand when the heirs show up. In the meantime, just sit tight and enjoy your apartment.
 
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PJT

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Jan 8, 2002
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Atty. Guzman

What proof would be required as to who are the rightful heirs? It is not unheard of, of persons representing themselves as heirs to collect rent. Then they are found to be scam artists or family/friends not entitled to assets after money has been exchanged.

It would seem the use of the Banco Agr?cola as a safe refuge for the rent as the Bank would require heirs to submit proof of their claim before any monies are exchanged.

Regards,
PJT
 
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Beads

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May 21, 2006
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nice

PJT said:
Atty. Guzman

What proof would be required as to who are the rightful heirs? It is not unheard of, of persons representing themselves as heirs to collect rent. Then they are found to be scam artists or family/friends not entitled to assets after money has been exchanged.

It would seem the use of the Banco Agr?cola as a safe refuge for the rent as the Bank would require heirs to submit proof of their claim before any monies are exchanged.

Regards,
PJT
Click to expand...

I have to agree with this. And the needing proof of new ownership of the building definitely would be required to release funds. I am no (DR) lawyer but this is just common sense.
 
B

billyidol

Banned
Feb 9, 2004
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what a head-ache...wouldnt it be better to cut your losses and obtain another unit from a living breathing person....man i see lots of problems arising. cut your losses
 
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Texas Bill

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Feb 11, 2003
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fightingirish:

Take Fabio Guzman's advise>
He is the DR legal Expert and is a very reputable attorney in the DR.
If you feel you have the need for an attorney, contact his firm and engage them to represent you in this matter.
These other guys, while wishing to give you good advise, are still "Guardhouse Lawyers" (no offence intended to the well intended) and don't have the expertise of a learned attorney.

Texas Bill
 
J

johne

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Jun 28, 2003
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Yes-reminds me of the story...

Texas Bill said:
fightingirish:

Take Fabio Guzman's advise>
He is the DR legal Expert and is a very reputable attorney in the DR.
If you feel you have the need for an attorney, contact his firm and engage them to represent you in this matter.
These other guys, while wishing to give you good advise, are still "Guardhouse Lawyers" (no offence intended to the well intended) and don't have the expertise of a learned attorney.

Texas Bill
Click to expand...

Man in restaurant asked the waiter" How's the fish tonite?" No good not too fresh" Lady says "OK I'll have the fish"
 
G

gibson6

*** Sin Bin ***
Jul 22, 2006
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claro que si

johne said:
Man in restaurant asked the waiter" How's the fish tonite?" No good not too fresh" Lady says "OK I'll have the fish"
Click to expand...

agreed 100% !! (who's to say / know who legit 'hiers' gonna be) yikes
 
F

fightingirish

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Dec 8, 2005
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thank you... update

Thanks for all the advice. It is something of a conundrum. It may take awhile to sort things out. Another tenant (a frenchmen) called the swedish embassy, who apparently didnt know the deceased lived here and want nothing to do with it.

The old man, rest his soul, was buried in a common grave. The police now are the only ones with access to his apt, and so it is widely expected to be looted. His car is already missing.

Ive changed my locks, as keys to my apt were in his place. And I cant even guess what will happen to the two months rent sitting in a strong box in his apt.

In the meantime, there have been little repairs needed. A few hundred pesos here and there. Ive paid out of pocket and kept good receipts. If/when someone reputable shows up, I will make sure to deduct what Ive paid.

I appreciate Mr. Guzman's advice. I will certainly be ready and willing to pay a just rent, but Im not going to go looking for someone to pay. The Frenchmen, who is only going to be here till December, plans to ride out the next few months "gratis".
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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The heirs would have to present to the tenant a resolution from the Superior Land Court authorizing the transfer of the property from the deceased to them. To obtain this resolution, the heirs will have to pay inheritance taxes and submit to the Court proof of their status as heirs.
 
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MarioLavega

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Feb 23, 2005
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When presented with resolution from the superior land court, 1. do they have to present you with an original ? , and 2. How does one know that the document presented in not a forgery?
 
A

apostropheman

Guest
are you a lawyer in any country?:paranoid::surprised:cheeky:
Beads said:
I have to agree with this. And the needing proof of new ownership of the building definitely would be required to release funds. I am no (DR) lawyer but this is just common sense.
Click to expand...
:bunny::bunny:
 
J D Sauser

J D Sauser

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Nov 20, 2004
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Not intending to hijack this thread, but this shows one thing very clearly:
Being a foreigner here (or elsewhere), mostly living away from family, it is very, very important that you keep a good line of communication with your family and friends back where you came from and also make some trustable friends here who will realize immediately something is wrong with you and who have the contacts to make it known to your family.

... J-D.
 
M

mikeyone

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Apr 16, 2003
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And Gratis it should be.

I appreciate Mr. Guzman's advice. I will certainly be ready and willing to pay a just rent, but Im not going to go looking for someone to pay. The Frenchmen, who is only going to be here till December, plans to ride out the next few months "gratis".

When in Rome .. do as the Romans Do!!!!!!!!! Only Tourists worry about these things.
 
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MarioLavega

New member
Feb 23, 2005
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Anthing new in the law in reference to;
1. SQUATTERS RIGHTS IN GENERAL,and specifically
2. HOW DOES AN ALLEGED HEIR TO PROPERTY PROVE TO THE COURT THAT THEY ARE ENTITLED TO THE INHERIT THE PROPERTY.
3. WHAT ARE THE SQUATTER'S RIGHTS AS TO CHALLENGING THE COURT'S DECISION?

thanks for any info.
 
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