Eviction Process in DR

grand_dre · #1 08-25-2004, 08:53 AM

My friend has a house in Santo Domingo. He has tenants that refuses to move. He was told there was no eviction process in the DR. I would like to know if there is an eviction process? If so where can I find it? Also could someone recommend an Attorney.

Andre'

quejeyoke · #2 08-25-2004, 11:08 AM

Your friend has to hire an attorney so that the attorney can get a court order and keep trying to pry those tenants off the property. With intense presure, the feat might be achieved in about a year, unless the attorney gives the tenants an offer they couldn't refuse. Had a family member that requested the tenants to vacate his property and that's how long it took them. Good luck and remain positive.

MerengueDutchie · #3 08-25-2004, 02:30 PM

tell that in Cabarete LOL!

Seriously though this has come up from time to time..

Depending upon the circumstances and whether the owner/renter is gringo/domenican it can take form 1 month up to 5 years.. most used way seems to be to bribe them out of the house and make sure they go..

Search the board and good luck

johne · #4 08-25-2004, 04:56 PM

it was not a RENTER (not paying rent) but an owner of a condo that was paying off the property to a bank? Would a bank have the same problems in eviction as other posters have said there are for non-payment of rent?

PJT · #5 08-25-2004, 05:26 PM

There is an eviction process in the country on paper only. The eviction wheels turn very slow here, so slow that it is not unheard of that an owner will resort to strong-arm methods to evict tenants because the legal recourse does not provide relief in a reasonable time.

A good friend of PJT having used the legal method of eviction took ten years to get rid of an unwanted tenant.

A good attorney may help. Be aware it will be costly no matter how it is approached.

Regards,
PJT

miguel · #6 08-25-2004, 07:53 PM

Quote:

Originally Posted by grand_dre

My friend has a house in Santo Domingo. He has tenants that refuses to move. He was told there was no eviction process in the DR. I would like to know if there is an eviction process? If so where can I find it? Also could someone recommend an Attorney.

Andre'

Is there a signed lease?. Was the lease not renewed?.
If the lease was not renewed and they just do not want to move out, as a poster told you, the eviction process is very, very sloooooooow.
Now, since they are playing hard ball with your friend, your friend CAN play hard ball with them. This is what a friend of mine did a few months ago to some people that refused to move from his home, after begging them for 4 months to move out: He contacted 5 "tigueres' friends of his and they moved all his furnishing into the house. The 5 tigueres moved in and made the tenants' life miserable, playing loud music at all hours and having all their friends come over for gatherings. Now imagine 5 tigueres with no shirts on and not letting you sleep every single day with their loud music and cursing and being loud!. Yes, you got it, the tenants moved in 2 days!!!. That is exactly what I would do if my renters give me any type of problems, considering that the lease was not renewed. Good luck.

Fabio J. Guzman · #7 08-30-2004, 07:10 PM

Dominican law is very protective of tenant rights. Eviction of a tenant is only possible in the following causes: (a) failure to pay rent, (b) misuse of the premises, (c) subletting if prohibited by the lease, (d) the owner will use the property. Note that expiration of the lease is not listed. If the tenant keeps paying the rent you cannot evict just because the lease has expired.

Evictions for failure to pay rent are not that difficult. Generally the tenant that’s not willing to pay rent won’t hire a good lawyer either to delay the proceedings.

Evictions under (d) are a long drawn-out process since the first step is a conciliation hearing at which tenants are regularly given months if not years to look for alternative dwelling.

Robert · #8 08-30-2004, 07:32 PM

Quote:

Originally Posted by miguel

Is there a signed lease?. Was the lease not renewed?.
If the lease was not renewed and they just do not want to move out, as a poster told you, the eviction process is very, very sloooooooow.
Now, since they are playing hard ball with your friend, your friend CAN play hard ball with them. This is what a friend of mine did a few months ago to some people that refused to move from his home, after begging them for 4 months to move out: He contacted 5 "tigueres' friends of his and they moved all his furnishing into the house. The 5 tigueres moved in and made the tenants' life miserable, playing loud music at all hours and having all their friends come over for gatherings. Now imagine 5 tigueres with no shirts on and not letting you sleep every single day with their loud music and cursing and being loud!. Yes, you got it, the tenants moved in 2 days!!!. That is exactly what I would do if my renters give me any type of problems, considering that the lease was not renewed. Good luck.

Hehehe, nice! How to be creative and legal

Pib · #9 08-30-2004, 08:02 PM

A friend of a friend, had problems evicting a tenant who refused to move unless the owner gave him money to purchase another house. This particular house had a tin roof, which dissapeared one day while the tenant was out. Faced with the possibility that he might either have to a) replace the roof from his own pocket, b)live in the house without a roof, or c)move, he chose c.

The roof miraculously reappeared a couple of days after he moved.

Texas Bill · #10 08-30-2004, 09:15 PM

the tenant doesn't wish to renew the lease because he knows the rent will go up and decides to continue paying the old rent?
Does the lessor have an option or must he accept the rent as paid without aa renewal of the lease?

Texas Bill