We have a house in Santo Domingo with a tenant that is not paying rent. What is the process/cost to evict them?

Have you solved your problem with the eviction?

No. Not yet. Bottom line is we have relatives who we allowed to live there with the understanding they would pay rent. After two years, we went back to Santo Domingo expecting to find a bank account with 2 years of rent in it. Instead there was only nine months worth. We then wrote out a rental agreement which they signed. They paid somewhat faithfully for about five months, but then stopped. It's been almost a year with my husband trying to get them to move, but they have excuse after excuse. We spoke to a lawyer there, but he said it will now cost 30,000 RD to evict them. Any ideas?

Look, I cannot provide you any legal advice, other than be careful of any lawyer. The reason why I wrote is because I have legal pending issues in the DR with some property. My problem has been ongoing for several years and on different fronts. My problems are also with A lawyer that a family member recommended to boot.

Now I want to ask you:
the lawyer you spoke to, was he a referral, a close family friend of yours or some one you just decided to pick out of the blue? The reason I ask is simple. Lawyer are the second biggest crooks in DR.

I have a family member who happened across my situation and case and who is graduating from law school. He has helped me tremendously and though I trust NO-ONE in DR I would not hesitate to recommend him to you. If and only if you have not contracted someone already. I have nothing to gain by a referral. It's just that because of the help he has given me I feel committed to help him with his career. In the meantime,

I will do this for you. I will ask him what are the procedures, rights of the property holder and of the lessee and based on your scenario what are the approximate legal cost . Then you can decide your course of action. If decide to get a lawyer on your own, be very careful of the following:

- Issuance of Power of attorney and powers that you give your lawyer.

- Ask for a Quote with description of legal procedures and time estimated frame for resolution.

- Do not permit "Quota de litis".

- Do not establish a bank account for payment purposes.

- Do not send money without proper receipts or documentation accountability describing purpose of funds.

- Do not trust in full in all his statements..

- Ask for copies of all documentation issued by the court or presented to the court.


Inevitably you will need a lawyer, if you don't you could loose the property. So be prepared for a major headache from both your lawyer and the system. I have spent about 3000-4000$ dollars already and still not done. Luckily its been in 3-4 year time frame.

Let me know what you decide. And whatever you decide, take them to court. Make an exmple of them and then if cost effective or feasible, sue them for your legal expenses.


Ladronazo.

PS: Don't let the name mislead you.

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I have just spoken to my legal advisor and he stated that the law is in your favor. You can proceed with an eviction due to non-payment. Now as far cost he stated this may vary depending on location, but that 30k pesos is high, though not unusual depending on the location. The eviction process normally takes 30-45-60 days,. the good news is that the law is in your favor and that you may be able to sue for damages and legal expenses.

Hope this helps.

I spoke with my husband and we would like to check into speaking with your relative. How can we get in touch with him?

His name is:
you can try to contact him Dom Rep. Please let me know what you learn about your situation and what your ultimate decision will be.

if you want the specifics write to me at henry_polanco68 at hotmail
Thanks and good luck.

Ladronzo

Good luck with your case joyvaldez!

I never had to deal with an eviction case here in the DR, but I do know that the law gives quite a lot of protection to the residents even if they don't comply with the terms of the contract.

Hmm, who is paying for water and electricity?
Are you not considering any major repairs of the roof?
Just some thoughts...

mouse

Make them an offer to buy your house back from them. A whole lot easier than going to court to get them out.

Just another example out of countless others of why we shouldn't mix business with freinds or family.
Good luck Ms. Valdez. To say that your situation sucks is an understatement.