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How long does it take to evict non paying tenants.

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lspriggs0325

Does anyone know who long it takes to evict a tenant who hasn't paid in 5-6 years?  My mother owns two houses, not in great condition.  The tenant rented one of the two homes and turned into a bakery of sorts. Then her son broke in the second home and turned it into a motorcycle repair shop.  She hired a lawyer who has the case for three years, starting in 2018.  They won the case in the court at the beginning of this year. The lady appealed and now it is at the Superior Court in Santo Domingo. The houses are in La Romana.  I am baffled by how tenants have incredible rights which inlcudes people who don't pay rent.  There is so much tenant abuse.  It's seems to me that the case it taking way too long considereing that the tenant changed the home, and hasn't pay rent which I think were two main reasons to quicky evict someone.    I would consider another lawyer but we are too close now to getting the tenants evicted.  I just wondered if there could be some kind of scam with the lawyer and tenants.  Any advice is greatly appreciated.

Mvilla50

I will advise you to get a lawyer with " palanca", meaning someone who is related or associated with the current gov.
Many years ago, I was able to get some people out this house because my lawyer was well known, as a writer, in Dom newspaper, teacher at the University, he was an ex congressman. He was not afraid. The truth is that there is not protection for landlords in DR. I used to rent the house to foreigners only. Oh!!!

planner

Sounds like a long battle. Sometimes you need to be more street smart than the other side.  There are times to do what isn't quite legal but gets your rights looked after. 

Previous poster is also correct.  Sometimes it is all about who your lawyer is and who they know!!

Guest4578

Sorry to hear about that situation.
That is not supposed to take that far. That lawyer is not honest and I know take a lot of money from you.
I would like to know a few of these.
If the property has a title.
If there was a rental contract or lease.

When someone gets into any property that is for invasion and that has another prosecution.
To evict a tenant is not difficult if you know the ways. I have to evict few tenants for no payments of around 3 or 4 months.  The final Sentence normally takes 6 months or less.  But not year's lol.  At this moment I have two processes with two different tenants. One for no payment and the other one was notified we are not interested in renovating the leases. The point here.  Yes, take another help. Sorry, you are in Romana and I am in Santo Domingo. I have great lawyers for years.
For me, they take advantage of you, I don't like that!  All that 5 years was very unnecessary. In conclusion, When you Don't know the system or the correct lawyer in DR that happens or more than that.  I have few lawyers in my office for future reference. Good luck to you and yes, wait for a few days to see what your sentence will say. After that looks for another lawyer soon as possible.

Guest4578

martfro wrote:

Sorry to hear about that situation.
After that looks for another lawyer soon as possible.

gcl1221

Hello!  We have a condo in a 23 unit community.  One of the owners has not paid his condo fees for over a year. Outstanding fees are in excess of $100,000 rds.  The debt is seriously affecting the ongoing operation of the community.  What can be done to rectify this problem.

planner

NOw that is a  common problem!    It should state in the codo association bylaws what you can and cannot do to collect honey.

lspriggs0325

Thanks for the advice. I heard that you have to find a good, reputable lawyer. I have some ideas but if you know anyone, please share.

lspriggs0325

Thanks Martfro:

Here are my responses to your questions.

If the property has a title - YES!
If there was a rental contract or lease -YES!

UncleBuck

Does anybody have a copy of blank rental contract that they would recommend?  I get the feeling that each contract is created at the whim of whichever lawyer is hired to write it?  Some jurisdictions have standard lease agreements to avoid such confusion, but I'm guessing the DR doesn't fall into that category?

planner

Nothing standard here honey!

ddmcghee

UncleBuck wrote:

Does anybody have a copy of blank rental contract that they would recommend?  ?


UncleBuck - I'd be happy to scan and share our current lease with you (as renters). We went through a large rental agency here in Las Terrenas. Looks like a lot of "fluff" but it might be necessary. We should have another one this week for the place we're moving to in August.

We rent out our condo through AirBnB, so I don't have one I use for those short-term rentals.

UncleBuck

Thank you ddmcghee, I would appreciate that.  Sending you a PM with email address.

jwj938924

As usual the answer depends a lot on if you ask other gringos, or locals. The former normally say to get lawyers in spite of the fact that usually doesn't work, and you pay a lot. If you have local friends they can tell you how to evict squatters, and it won't cost nearly as much as you pay shyster lawyers. I have had experience in this.

DominicanadaMike

jwj938924, agreed but it's not necessarily shyster lawyers, its the entire system of justice.

planner

In many instances what locals can do and get away with us very, very different then what expats can do!

Scott18684

5 years! oh my god lol how have you not done anything about this years ago you own the homes and they turned them into businesses lol.....5 years!!!! You kind of let this happen.  You need to just et with some of the people here and private message them that have evicted people and have them help you but you need to be proactive and not forget and follow up constantly

jwj938924

Agreed, but the locals know they cant depend on either, thus they solve such problems on their own.

jwj938924

They do it, we just pay.

kevlion88

I own a condo in Bavaro area. I live in US but have a local property manager, actually the realtor who we used for purchase. No issues in the two years we've owned the property but now have a tenant who refused to sign a contract (she said it was illegal) and has only paid half the rent she owes. Because of the disruption and complaints from the condo association mgmt, I have kept quiet until her check out date, even as she sent many harassing messages on WhatsApp to the prop mgr and to me. She was to vacate days ago but is now still there. She was already sent docs from the court to pay the back rent due. The prop mgr is going back to the atty tomorrow to start eviction. I told the association to turn off the gas and my mgr is cutting internet. If I were there I'd go in myself and change the door code and put her stuff on the patio. My mgr is a local and can be pretty aggressive but I can't have this going on for months. I have Airbnb renters coming.in Dec for four months and my partner and I are going down in about 5 weeks to do repairs and maintenance. Any advice from this group?

planner

Your first red flag was her refusing to sign a contract!

You need a better lawyer.  The process is not easy and not fast. You need a lawyer willing to play in the grey.  Yes to cutting off gas and internet.  Not sure you can cut the electric?

DRVisitor

How long was she renting before issue came up?

DominicanadaMike

Kevlion88, I sent you a private message.

kevlion88

She was there since either June or July (this is in dispute; prop mgr says June, she says July). She only paid security and two months' rent. Her claim was that her security was one of her months of rent. This is common in DR, I know. She was to have left 10/10 but is now still there. She was served on 10/7 for non-payment of two months' rent.

planner

I believe she needs to be 3 months in default but I am no expert on this.

ddmcghee

With my two long-term rentals here, I've had to pay one month's security deposit, but that was not my last month's rent! It is expected that the last month's rent will be paid when due and then after move out inspection, the deposit will be returned.

I don't think the security deposit covering rent is standard here at all.

planner

Security deposit being used to pay last month of rent is very normal here. It's not legal but it is normal.

lspriggs0325

@Scott18684 false. My mother did not sit on this.  The tenant claimed she was going to buy the property and wanted some extra time to get her finances straight, and my mother, being the kind person she is, naively  let her stay after althought that was not the tenants plan.  The tenant had decided that she would keep the property even though it was not hers to begin with. My cousin recommended the lawyer.  The lawyer has been paid probably $5,000 or less which is not much. I am thinking it's time to find another lawyer.  Before you accuse someone of not doing something, please gather all the facts. 

planner

I think it's time for a better lawyer.  Sadly it's easy to make assumptions when you are sitting with a keyboard.

lspriggs0325

@planner yes indeed.

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