SANTO DOMINGO – The draft Law on Rentals and Evictionshas garnered interest from the Dominican legal sector, particularly those specializing in real estate law. While they appreciate its aim to modernize the rental system in the Dominican Republic, lawyers Israel López and Luz Del Alba Rodríguez agree that the draft still requires substantial improvements before becoming law.
For López, the proposed legislation represents a positive step. “Generally speaking, I consider this bill an advancement in our legislation for the rental property market in the Dominican Republic,” stated the lawyer, who valued that the initiative seeks to “eliminate the bureaucracy, frivolous litigation, and judicial delays” that affect both landlords and tenants.
For her part, Rodríguez, who is also a surveyor, views several provisions with concern. For example, regarding the criminal penalties of 3 to 5 years in prison for owners who evict without exhausting the legal process, she opined that "the penalty is excessive."
According to the professional, this is a disproportionate measure. “This isn't a violent act or physical aggression; we're talking about procedural omissions, actions taken out of desperation,” she stated, and warned that no punishment is contemplated for tenants who fail to hand over the property.
López, on the other hand, considered that these penalties are not new and have a basis: “This is not something new, it is something that was imposed by law since 2019. And that is that no person has the authority to take justice into their own hands,” he declared.
Another point of contention is the law's treatment of real estate agents. López defended the article stipulating that the brokerage fee must be paid by the party hiring the agent: “I think it's fair… the one who needs it is the one who hires it.” Rodríguez, on the other hand, lamented that the bill diminishes the agent's role: “A great opportunity has been missed to regulate their role, their training, and their compensation. The real estate agent is a key link in the legal rental process.”
They also expressed differing opinions regarding the creation of a special court for rental issues. López welcomed the proposal: “I think it’s fantastic… I hope this project is approved so that the confusion and delays in these processes finally end.” Conversely, Rodríguez emphatically rejected it: “I disagree. Procedural delays aren’t combated with more structures, but with a genuine strengthening of the existing system.”
The draft bill continues its legislative process in the National Congress, amid technical and legal discussions that highlight the need for clearer, fairer, and more functional legislation for the current rental market in the Dominican Republic.
