Notice to leave - renting commercial premises

Barnabe

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Dec 20, 2002
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In the Dominican Republic, when renting commercial premises, is the tenant free to leave at any time? Is there a legal notice period, or can the owner set a notice period of one year, for example, during which the tenant is responsible for paying the rent?
 

JD Jones

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Jan 7, 2016
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It depends on what the contract says?
 

cavok

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Jun 16, 2014
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If not specified in the contract, there usually is some legal minimum notification period, however, you could be legally obligated to pay the balance of the lease.
 

Lee J. Cook

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May 10, 2024
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In the Dominican Republic, the terms and conditions for renting commercial premises are typically outlined in the lease agreement. Generally, tenants are not free to leave at any time without potential penalties unless there is a clause in the contract allowing such flexibility. The lease agreement can specify a notice period, and it is legal for the owner to set a notice period, such as one year, during which the tenant is responsible for paying the rent if they decide to leave early.
 

Barnabe

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Dec 20, 2002
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Thanks all for the comments. I am the landlord, I want to renew a tenant's contract, former contract says the tenant, if leaving, was responsible for the payment of the rent up to the end of the contract. I asked a lawyer to rewrite the contract, the lawyers gives the tenant a 2 month notice to leave, I say It is way too short, I am signing a 5 years contract, I want a 12 months or 6 months minimum notice for the tenant to leave, but is it legal? That is the point, Is there a legale limiy in Dominican Civil Law, or the clauses are totally depending on the landlors and tenant agreement (the contract)?

Lee, are you sure that :The lease agreement can specify a notice period, and it is legal for the owner to set a notice period, such as one year, during which the tenant is responsible for paying the rent if they decide to leave early
 
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Manuel01

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Apr 1, 2009
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Thanks all for the comments. I am the landlord, I want to renew a tenant's contract, former contract says the tenant, if leaving, was responsible for the payment of the rent up to the end of the contract. I asked a lawyer to rewrite the contract, the lawyers gives the tenant a 2 month notice to leave, I say It is way too short, I am signing a 5 years contract, I want a 12 months or 6 months minimum notice for the tenant to leave, but is it legal? That is the point, Is there a legale limiy in Dominican Civil Law, or the clauses are totally depending on the landlors and tenant agreement (the contract)?

Lee, are you sure that :The lease agreement can specify a notice period, and it is legal for the owner to set a notice period, such as one year, during which the tenant is responsible for paying the rent if they decide to leave early
You can put in the contract whatever you want. If the tenant leaves from one day to another it will be extremely dificult to enforce the contract and make him pay. Your Lawyer will promise you everything you want to hear to get his fee for suing your tenant. Forget about it ! Your tenant leaves, find a new one and move on.
 
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Barnabe

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Dec 20, 2002
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You can put in the contract whatever you want. If the tenant leaves from one day to another it will be extremely dificult to enforce the contract and make him pay. Your Lawyer will promise you everything you want to hear to get his fee for suing your tenant. Forget about it ! Your tenant leaves, find a new one and move on.
I agree with you on that, I just see the contract as a way to state things clearly with the tenant, not as a bulletproof protection
 

Northern Coast Diver

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I agree with you on that, I just see the contract as a way to state things clearly with the tenant, not as a bulletproof protection
If it's a renewal, the terms of the last contract should not change. unless it's your desire as landlord. If the tenant signed to those terms before, why not again? Don't let the lawyer decide for you. In the end the lawyer will look out for himself.
 

Drperson

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Sep 19, 2008
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You can put in the contract whatever you want. If the tenant leaves from one day to another it will be extremely dificult to enforce the contract and make him pay. Your Lawyer will promise you everything you want to hear to get his fee for suing your tenant. Forget about it ! Your tenant leaves, find a new one and move on.
exactly
 

MariaRubia

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Jun 25, 2019
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I am guessing that your lawyer has put the two months in because this is the deposit that has been paid, and if the tenant did leave this is probably all that you could collect easily.

You can put whatever you like in a rental contract. I would suggest that you sit down with your tenant, explain your side of the deal clearly to them and make sure that they understand that you need as much notice as possible if they want to leave. The deal is the deal, and it's important that all sides going into it understand the terms fully. Do this face to face not just relying on some term buried in the contract.

I would suggest that you say that you need 6 months' notice if the tenant wants to leave, but this can be reduced if the tenant finds another suitable tenant to take over, at their own cost.
 

Fabio J. Guzman

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Jan 1, 2002
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In the Dominican Republic, the terms and conditions for renting commercial premises are typically outlined in the lease agreement. Generally, tenants are not free to leave at any time without potential penalties unless there is a clause in the contract allowing such flexibility. The lease agreement can specify a notice period, and it is legal for the owner to set a notice period, such as one year, during which the tenant is responsible for paying the rent if they decide to leave early.
You can insert a clause in the lease specifying a six-month or a year notice. There is no provision in the law prohibiting it.
 
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