Lease/contract

[SKing]

I signed a lease/contract for a house to rent in Sajoma. I will now be living in Santiago...I will be calling the agent and the owner (and also in writing) to let them know that I will not move into the house.
I do not have a copy of the contract because when I asked for it the agent told me that the owner had to sign it first and I would get a signed copy. And I still have not received it...
The owners are here in the USA and had furniture that needed to be removed that still has not been removed.
I paid 2 months deposit, 1 month comission, and also paid May and June's rent even though I still have not received any keys.

I would like to know what I can expect...will they expect me to continue to pay because I signed a lease, like here in the USA? My dominican friends tell me NO but I would like to get a little more advice. I would think that they would just say OK since I have paid basically 5 months rent without actually living there or receiving the keys. But I do not want a civil suit in DR...what can I expect upon cancelling this contract???

Thank You Guys so much,
SKing - SHALENA

[Rocky]

Originally Posted by SKing

I signed a lease/contract for a house to rent in Sajoma. I will now be living in Santiago...I will be calling the agent and the owner (and also in writing) to let them know that I will not move into the house.
I do not have a copy of the contract because when I asked for it the agent told me that the owner had to sign it first and I would get a signed copy. And I still have not received it...
The owners are here in the USA and had furniture that needed to be removed that still has not been removed.
I paid 2 months deposit, 1 month comission, and also paid May and June's rent even though I still have not received any keys.

I would like to know what I can expect...will they expect me to continue to pay because I signed a lease, like here in the USA? My dominican friends tell me NO but I would like to get a little more advice. I would think that they would just say OK since I have paid basically 5 months rent without actually living there or receiving the keys. But I do not want a civil suit in DR...what can I expect upon cancelling this contract???

Thank You Guys so much,
SKing - SHALENA

This is only an idea, but it may be possible that you can turn the tables around, by claiming that the unreasonable delay of the owner signing the contract and giving you the keys, has forced you to rent elsewhere and that you are due the return of all moneys deposited with them.

[donluis99]

You can fight for the return of your payments due to unresonable delay, but unless this is a high dollar rental, you most likly will spend more in the end to fight it.

Best is dipolmacy, first you gave notice, you are free and clear, any rental contract can be canceled by either party with 30 days notice.

I would go to the owner explain your situation and maybe if they are understanding they may return your payments, although this is probably unlikly.

[Rocky]

Originally Posted by donluis99

You can fight for the return of your payments due to unresonable delay, but unless this is a high dollar rental, you most likly will spend more in the end to fight it.

Best is dipolmacy, first you gave notice, you are free and clear, any rental contract can be canceled by either party with 30 days notice.

I would go to the owner explain your situation and maybe if they are understanding they may return your payments, although this is probably unlikly.

Your post makes good sense except for

any rental contract can be canceled by either party with 30 days notice

That would be incorrect.

[SKing]

Originally Posted by Rocky

This is only an idea, but it may be possible that you can turn the tables around, by claiming that the unreasonable delay of the owner signing the contract and giving you the keys, has forced you to rent elsewhere and that you are due the return of all moneys deposited with them.

I thought about that Rocky but the fact that the owner told me that they were still moving the things out , and I said "No problem", I guess that they would be able to say that I agreed. I always tried to be cordial with them because I wanted to rent long term, and I spent a LONG time looking for adequate housing in Sajoma.

So what is the notice time...if it is not 30 days because if I call tomorrow like I plan, I will still have to pay part of July becuase it is already June 15th.

I don't care about the money at this time because I think it will be more of a problem to try and get it back...in total it was 32,500RD that I gave them (the rent was 6,500RD)

Can I expect to be sued for the remaining of the lease
SKing - SHALENA

[Rocky]

Originally Posted by SKing

I thought about that Rocky but the fact that the owner told me that they were still moving the things out , and I said "No problem", I guess that they would be able to say that I agreed. I always tried to be cordial with them because I wanted to rent long term, and I spent a LONG time looking for adequate housing in Sajoma.

So what is the notice time...if it is not 30 days because if I call tomorrow like I plan, I will still have to pay part of July becuase it is already June 15th.

I don't care about the money at this time because I think it will be more of a problem to try and get it back...in total it was 32,500RD that I gave them (the rent was 6,500RD)

Can I expect to be sued for the remaining of the lease
SKing - SHALENA

Only as lawyer could give you a definite answer for that, but I like Donluis' suggestion, of trying to work out a friendly accord.

[Hillbilly]

This is a wonderful object lesson of how not to tryand do things "the American Way"..up front and all legal like.
Over the internet.
At a distance.
Confident in law and justice.

It does not ever ever happen like that here.

I do believe this nice person was warned about trying to live up in the mountains. And, as she continued to have everything in place and ready for her arrival, doing things properly, she found out that there are much better places to live.

So, to all who are thinking about doing a move: Please wait until you are here, feet on the ground before doing more than a search of "possibilities>" Anything else is a waste of time and energy and in this case a fair piece of change.

I would try and do this amicably, if at all possible. But i doubt there will be much more than 1/2 at the most coming back.....you certainly won;t get the lawyer's money back...

HB

[Chip]

The good thing is that I put the OP in touch with a friend who will help her find good, safe accomodations at Dominican prices and the money she will save in the first month or two will cover whatever she looses on the deposit - this based on a house rent of RD9k, and monthly taxi service to the school at RD2k.

[SKing]

Originally Posted by Hillbilly

This is a wonderful object lesson of how not to tryand do things "the American Way"..up front and all legal like.
Over the internet.
At a distance.
Confident in law and justice.

It does not ever ever happen like that here.

I do believe this nice person was warned about trying to live up in the mountains. And, as she continued to have everything in place and ready for her arrival, doing things properly, she found out that there are much better places to live.

So, to all who are thinking about doing a move: Please wait until you are here, feet on the ground before doing more than a search of "possibilities>" Anything else is a waste of time and energy and in this case a fair piece of change.

I would try and do this amicably, if at all possible. But i doubt there will be much more than 1/2 at the most coming back.....you certainly won;t get the lawyer's money back...

HB

Thank you so very much.
1.)Seeing as I AM American, I am somewhat prone to do things the "American" way, I apologize for not having lived in the DR for 10+ years.
2.) As I have children...it is an impossibility to wait until I arrive to the DR to find proper housing
3.) The #1 reason I am moving to Santiago is due to the cost of transportation for my kids to school, mind you I am starting to learn about more about Santiago that I like...but I am not moving because it is a "better place to live"...that is all in one's own perception, and is an insult to the people in Sajoma
4.)I do not care about the $$$ - I just want to make sure that I am not sued for the remainder of the lease

Thanks again, all opinions are greatly appreciated, no matter how I take them.
SKing - SHALENA

[Lambada]

If people have got broad enough shoulders to post their assortment of '404s' (error messages) it is very useful learning material for others. I suspect readers get so used to seeing the same good advice that it has a tendency to go in one ear & evaporate in cyberspace whereas one amusing DON'T DO THIS story will stick in people's minds & have impact.

SKing, get yourself inside the Dominican mindset - as to are they likely to sue you for the remainder of the lease..............how much will it cost them to do so? As everyone has said, settle it amicably - ask for the lot back then graciously & charmingly settle for whatever you're offered with no further legal encumbrances. Make sure the other party does not loose face and feels they have 'won' . Also show them all the flyers you are distributing to make sure they get new tenants as quickly as possible..........

Gracious charm & fervent helpfulness but no weakness. As to the legal position I have no idea but I would doubt you would need a lawyer since your face to face skills & bedside manner will see you through. Reduce the worrier part of you certainly in public perception because that can sometimes lay you open to being taken advantage of. Anyway your children's school needed a copy of the contract to verify address, didn't they, & since you weren't given one you had to find a place which would give you one so you could get the children settled, yes?