Commercial landlord-tenant regulations

[mark21]

I did not locate forum with information regarding Commercial landlord-tenant regulations

I would like to buy and run commercial plaza in DR.
I have many questions regarding this subject.
for eg.
What are landlord rights if tenant is late with rent?
I heard it is very difficult to evict tenant witch do not pay rent.
Eviction process, time and cost.
Security deposit complication- Some of the commercial landlords do not deposit tenants security check for years. They just hold check in the office. Why? It makes no sense.
Also, if I would like to build new plaza in the place of the old one, Do I have to 'pay off' all of the existing businesses-even with expired lease. Is it correct? How much I need to pay to the business owner. Who will appraise it?

[b.batista]

Originally Posted by mark21

I did not locate forum with information regarding Commercial landlord-tenant regulations

I would like to buy and run commercial plaza in DR.
I have many questions regarding this subject.
for eg.
What are landlord rights if tenant is late with rent?
I heard it is very difficult to evict tenant witch do not pay rent.
Eviction process, time and cost.
Security deposit complication- Some of the commercial landlords do not deposit tenants security check for years. They just hold check in the office. Why? It makes no sense.
Also, if I would like to build new plaza in the place of the old one, Do I have to 'pay off' all of the existing businesses-even with expired lease. Is it correct? How much I need to pay to the business owner. Who will appraise it?

You need a good lawyer.
Guzman Ariza Law Firm in the Dominican Republic



































pickled purple tongue

[J D Sauser]

Originally Posted by mark21

I did not locate forum with information regarding Commercial landlord-tenant regulations

I would like to buy and run commercial plaza in DR.
I have many questions regarding this subject.
for eg.
What are landlord rights if tenant is late with rent?
I heard it is very difficult to evict tenant witch do not pay rent.
Eviction process, time and cost.
Security deposit complication- Some of the commercial landlords do not deposit tenants security check for years. They just hold check in the office. Why? It makes no sense.
Also, if I would like to build new plaza in the place of the old one, Do I have to 'pay off' all of the existing businesses-even with expired lease. Is it correct? How much I need to pay to the business owner. Who will appraise it?

I would love to see some clear and professional answers and legal opinions in general to your questions on this thread.

... J-D.

[Matilda]

I am no lawyer but I do know one of the business owners in the Plaza you are talking about, and this is what they have been told by the lawyer in charge of the Plaza, and who currently collects the rent from them.

All businesses must be up to date with their rent. Each of the businesses has been appraised and each has a contract with the appraisal in it.

Should a new owner wish to evict them, or construct a new Plaza, then he has to pay to the existing owner of the business the amount in the appraisal.

Matilda

[J D Sauser]

Originally Posted by Matilda

I am no lawyer but I do know one of the business owners in the Plaza you are talking about, and this is what they have been told by the lawyer in charge of the Plaza, and who currently collects the rent from them.

All businesses must be up to date with their rent. Each of the businesses has been appraised and each has a contract with the appraisal in it.

Should a new owner wish to evict them, or construct a new Plaza, then he has to pay to the existing owner of the business the amount in the appraisal.

Matilda

Even after the lease is over?
I don't know anything about the property in question (not even which one it is), but I find it interesting any landlord would have signed such a lease agreement.

... J-D.

[mark21]

J.D, We are talking about one Plaza in Juan Dolio.
Any way, Matilda thank you for your input, My question is, how you appraise apple to apple- for one person is worth1 peso, to other 10 pesos. I do not want to be sarcastic, but who are those professional business “appraisers”??? This is pretty creative idea.
From the landlord perspective I will agree with J.D Sauser comment- “I don't know anything about the property in question (not even which one it is), but I find it interesting any landlord would have signed such a lease agreement.

[PICHARDO]

Originally Posted by mark21

I did not locate forum with information regarding Commercial landlord-tenant regulations

I would like to buy and run commercial plaza in DR.
I have many questions regarding this subject.
for eg.
What are landlord rights if tenant is late with rent?
I heard it is very difficult to evict tenant witch do not pay rent.
Eviction process, time and cost.
Security deposit complication- Some of the commercial landlords do not deposit tenants security check for years. They just hold check in the office. Why? It makes no sense.
Also, if I would like to build new plaza in the place of the old one, Do I have to 'pay off' all of the existing businesses-even with expired lease. Is it correct? How much I need to pay to the business owner. Who will appraise it?

Commercial tenants in the DR don't enjoy the same wide range of benefits as residential tenants do...

For all other questions you MUST get a professional (lawyer) to provide actual answers on your individual case as it merits...

[mark21]

Ok, according to one attorney:
If tenant is not paying rent according to the lease agreement, he or she is breaking the contract.. After this, landlord has rights to take the fixers and equipment out and to sell it to get his money back for unpaid rent.

Waiting for DR1 members comment

[Fabio J. Guzman]

What are landlord rights if tenant is late with rent?

Sue for eviction at the Juzgado de Paz. The process could take one to six months depending on the jurisdiction. Longer if the tenant decides to fight, which is unlikely since if he is not willing to pay rent, it’s unlikely he’ll be willing to pay a lawyer. You may also attach assets in the premises as your lawyer told you.

Security deposit complications.

By law, security deposits must be deposited at the Banco Agrícola. However, few landlords do this, one of the causes for delay when they begin the eviction process.

Lease expiration and rebuilding premises.

I have explained this on this forum many times before. Dominican law is very protective of tenant rights. Eviction of a tenant is only possible on the following grounds: (a) failure to pay rent, (b) misuse of the premises, (c) subletting if prohibited by the lease, (d) the owner will use the property, (e) reconstruction (if the lease is expired). There are special procedures for each one of these instances.

The fact that the term of the lease has expired is not per se a cause for eviction. But if you are going to tear down the plaza, you may obtain the eviction as mentioned in the paragraph above. Old tenants may have certain privileges when the premises are ready for rentals again.

Talk to your lawyer for further details.