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Thread: 10 % Rent increase

  1. #1
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    Default 10 % Rent increase

    I have a question for Guzman. Can a landlord really go back and charge a 10% rent increase that he has not appiled according to the contract. So on a specific date the rent can go up 10% and the word automaticly is used. Then rent is not increased though and invoices comprobante fiscales sent for months without the rent increase. Landlord then all of a sudden back charges the rent increase months back and even claims tenant is in debt with him. I now learn that this is normal in the DR. In my opinion the comprobante fiscales sent and paid on time proves that the old rent was agreed and accepted by both parties and that the landlord has the right to increase rent with 10% but only for the future rent payments. What do you think ? To me it does not seem to be complicated for a lawyer to just make a call to landlord and correct his practice. and not start expensive proceedings. it can he hard for a foreign tenant to deal with a Dominican landlord. If you as a foreign business cant count of having a lawyer help you in these situations you might as well shut down your business.

  2. #2
    SKY
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    He cannot do this. I know from personal experience. You know how to reach me for details.

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    But when lawyer wants more money than rent increase then you are kind of screwed unless you really want to go into a battle with your landlord which is very uncomfortable. Tenant paid rent increase knowing what landlord is doing has to be illegal. Better to just notify landlord that tenant is moving. Landlord can then try and get new tenants where he already has two empty spaces in his plaza. He will have 3 soon and who knows what the future holds.

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    In the DR landlords will do whatever you let them or do not let them, legal or no

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    10% per year rent increases are normal in DR but it should've been in the contract and usually if you threaten to leave they change it. My 10% rent increase was in my contract but when it came around I told el dueño that I opulent afford that and I would have to leave if it went up (I was bluffing), so he dropped the 10% increase. I was an American who paid every month on time, he knew the fight wasn't worth it.

    SHALENA

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    Exactly the same as shalena is telling happened to me, I explained very kindly, even written, that I can't afford a 10% raise right now and would consider moving if he would raise it and they litterally told me we are good tenants, paying punctual and not trashing the place, so they dropped the raise. My landlord is a big shot from the ruling party btw, though I don't deal directly with him, he seems to be a reasonable man

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    Default Contract

    Quote Originally Posted by SKing View Post
    10% per year rent increases are normal in DR but it should've been in the contract and usually if you threaten to leave they change it. My 10% rent increase was in my contract but when it came around I told el dueño that I opulent afford that and I would have to leave if it went up (I was bluffing), so he dropped the 10% increase. I was an American who paid every month on time, he knew the fight wasn't worth it.

    SHALENA
    It was in contract but for months had not been applied. Then back charges the rent increase. For instance rent increase applies at 1/6 and landlord keeps sending the same comprobante fiscal. Then on 1/1 goes back those 6months and charges the difference of 10%. It is not legal. Would have been better for tenant to get it in writing at the time rent increase could have apllied. I guess that is the leasson learned.

  10. #8
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    Quote Originally Posted by John Boyter View Post
    I have a question for Guzman. Can a landlord really go back and charge a 10% rent increase that he has not appiled according to the contract. So on a specific date the rent can go up 10% and the word automaticly is used. Then rent is not increased though and invoices comprobante fiscales sent for months without the rent increase. Landlord then all of a sudden back charges the rent increase months back and even claims tenant is in debt with him. I now learn that this is normal in the DR. In my opinion the comprobante fiscales sent and paid on time proves that the old rent was agreed and accepted by both parties and that the landlord has the right to increase rent with 10% but only for the future rent payments. What do you think ? To me it does not seem to be complicated for a lawyer to just make a call to landlord and correct his practice. and not start expensive proceedings. it can he hard for a foreign tenant to deal with a Dominican landlord. If you as a foreign business cant count of having a lawyer help you in these situations you might as well shut down your business.
    Dont pay the increase just pay what you always have been paying and if the landlord wont take it,deposit into the banco agricola in escrow and you will see how fast the landlord drops his rent increase because you will be living there for months,or years till they can get you out.

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  12. #9
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    The simple fact that the contractually agreed-upon 10% increase was not collected for a number of months does not necessarily imply that the landlord renounced to his or her rights to collect it. The following factors should be taken in consideration: the text of the contract in its entirety, particular clauses in the contract addressing this issue, other documents or evidence that might throw light on the landlord's intention. In any case, the statute of limitation for collecting rent is 3 years.
    Fabio J. Guzman
    Guzman Ariza
    Attorneys-at-Law
    Sosúa, Santo Domingo, San Francisco de Macorís, Cabrera
    Las Terrenas, Samaná, Bávaro (Punta Cana) and La Romana
    Dominican Republic


    info@drlawyer.com


    Website

    The opinion above should not be construed to be formal legal advice and was given without reviewing the facts and documents pertinent to the case. The reader should NOT act based upon this opinion without seeking professional counsel.

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    If you are getting comprovante fiscal then have the rent money deposited into the BANCO AGRICOLA SO THAT WAY you know that the taxes that you are paying are pay by the landlord and that your deposits are garrantee and making 7 to 10% interest a year? In your case you have to pay the 10% increase because it was established on the contract, it is just like the phone or electrical bills that because you don't get bill you don't pay it. What you should had done was have correct the invoice the first time that you notice the mistake. Now you can always negociate the 10% increase and or tell them that you are vacating the apartment and let see what they have to say then.

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