SANTO DOMINGO – Real estate lawyer Luis Alberto Collado Báez stated that he does not see the approval of the draft General Law on Rentals of Real Estate and Evictions , recently approved in its first reading in the Chamber of Deputies, as viable.
“ I don’t think it will be approved. The essence would be to assimilate the provisions of the Law on Executions to the area of rentals, unless the eviction is based on falsified documents ,” Collado stated in an interview with El Inmobiliario , referring to the article that proposes prison sentences of three to five years for landlords who improperly evict their tenants.
Regarding the proposal to create a specialized court for rental issues, the lawyer stated that "it is not something significant, since there is already a court for those purposes, citing the Justice of the Peace Court and the Court of First Instance ."
He added that he does not believe a specialized jurisdiction would facilitate the process, as some sectors maintain. “The Justice of the Peace Court is one of the courts with the lightest caseloads. The bill provides for expedited evictions and various enforcement measures against delinquent tenants. If this and other aspects are approved, they would be favorable to the landlord. But a specialized jurisdiction adds nothing,” he pointed out.
Regarding the proposed amendment that would require real estate agents to be paid by the client, Collado believes this provision would not alter current practices. " I don't think it will have any impact on real estate brokerage, since ultimately the agent will receive their commission from the property owner ," he stated.
The lawyer also questioned the legal basis of the draft bill. “From what I’ve seen, the effort is aimed at overturning decisions of the Constitutional Court that have already ruled certain criteria unconstitutional … Restricting property owners’ rights is not possible through legislation,” he warned.
Although he acknowledged that some aspects of the project could offer advantages to property owners—such as faster evictions and enforcement in cases of non-payment—Collado Báez insisted that the proposal would not pass Congress. “ The Supreme Court would maintain the status quo ,” he concluded.
The draft General Law on Real Estate Rentals and Evictions was approved in its first reading by the Chamber of Deputies on Wednesday, June 25. The legislative initiative will now undergo a second reading in the Lower House before being sent to the Senate.
Its author, Alfredo Pacheco, president of the Chamber of Deputies, said that the legislative instrument will be presented in public hearings, to gather the opinions of all sectors involved.
