Interesting issue on "rental" of home

We have talked about issues of rentals for those planning to retire here some day.....   I found this very interesting as I have heard  similar stories!

Good post. Those that wish to purchase property to rent out for x years until they retire need to take care. In addition to finding reliable property management one has to consider squatting, damage, theft, etc. A risky proposition for a good chunk of your savings.

Contract Contract Contract. Trust No One!

I have a friend that was renting his house out and the people weren’t paying for about 3-4 months , when he had bought the house he was able to make friends with the local police captain by hiring some young cadets so they could make a few extra pesos ,  so when he had the problem he called the captain and asked if the captain could maybe send someone over to talk to them and he would make a small donation ($100) to the officer that went….. well those people were given the opportunity to leave or pay in full to stay but they had to make the decision right there and then , the man chose to stay with his wife and 2 children and paid up in full….

Contracts help but won't prevent everything.  The law is currently stacked in favor of the renter and many know it.

Squatters are totally different and I believe in the case above they may be considered squatters.

Agreed - contracts won't help........article in Listin Diario this weekend.

They live in luxury towers but they don't want to pay the rent

Owners vs Tenants: Sometimes the aggravating circumstance is added that in addition to not paying the rent, they do not pay maintenance either.

https://listindiario.com/la-republica/2 … alquileres

Conflicts between tenants and owners occur in all social strata, since not only have people living in humble houses been sued for eviction due to lack of payment , but also in luxury towers.

"I have had cases of people who live in an exclusive place in the capital, in a tower, with all the luxuries in the world, and they have 10 years without paying a peso," prosecutor William Custodio, attached to the department of Civil Executions of the National District Prosecutor's Office.

Sometimes the aggravating circumstance is added that in addition to not paying the rent , they do not pay maintenance either.

He specified that in this case the owner has two ways to lose, the money for the rent, and the possibility that the condominium seizes the property for non-payment of maintenance.

He stressed that in the Prosecutor's Office they are up to date with the eviction requests of tenants, because they pay a lot of attention to these cases, mainly when it comes to non-payment, which is a tortuous procedure. He pointed out that the tenant does not have to pay the rent, but he does have to hire a lawyer, which has a cost.

In November 2020, a few months after taking office, the attorney general, Miriam Germán Brito, instructed the members of the Public Ministry to channel without delay the execution of civil or other sentences through the help of the public force. These decisions include those ordering the eviction of tenants. 

Judicial Process

The legal actions to obtain the eviction of a tenant begin in the justice of the peace , then that sentence is appealed before the court of first instance and then appeals in cassation before the SCJ, when the sentences acquire the character of irrevocably judged thing, that is definitive.

“We are talking about three processes, and after the one from the Supreme Court comes out, and the public force is granted here, we have to go back to the justice of the peace so that it opens the doors,” explained Custodio.

There are some defendants who resort to the Constitutional Court, although these resources do not have suspensive effects.

Custodio clarifies that the rent control and eviction cannot order the eviction, but the justice of the peace.

Active Processes

In 2021, the National District prosecutor's office received 742 requests from the public force, of which 190 sought authorization to evict tenants.

Most of these orders were executed, according to the Custodio prosecutor, who told Listin Diario. In the two and a half months of 2022, 137 requests for public force orders have reached that unit, of which 36 seek to remove the tenant from a property.

Non-payment, termination of the contract and adjudication  as a result of an embargo are the main causes that lead an owner to demand the vacation of his property.

“Here in the National District it happens very frequently. It is a headache for the owners, because there have been cases that have lasted up to 10 and 15 years in court, from the judge of first instance until it reaches the Supreme Court of Justice, and many people think of taking it to the Constitutional Court” , stated the prosecutor.

He warned that whoever evicts without a warrant from the prosecution can be liable to a sentence of 3 to 10 years in prison, since the law prohibits the owner from carrying out an eviction without having an enforceable title.

He explained that they are legal channels that tenants take advantage of, because they must comply with due process.

Defaulters Fight Back

Protection "The law protects the tenant, instead of protecting the owner, who has a fundamental right, which is property," said Custodio.

Acquired right? He argued that even with the Supreme Court ruling, there are tenants who say that they will not leave if they are not paid , because they believe that due to the rental time they have an acquired right.

No Regulation

Before the approval of Law 396-19, of September 16, 2019,  there was no regulation of the assistance of the public force for the execution of sentences.

A resolution issued by the Attorney General's Office in the management of Francisco Domínguez Brito, and another by the SCJ, in the management of Mariano Germán, were declared unconstitutional by the Constitutional Court.

New Law

Prosecutor Wiliam Custodio favors the approval of a law that regulates tenancy, that protects the owner.

Lawsuits

In the National District, eviction lawsuits are heard in 4 peace courts.

We read about a lot of expats planning to buy to rent on this forum. They need to be very careful here in DR because the law is ancient and favours the renter.