SANTO DOMINGO.- Failure to pay rent for two consecutive months is one of the reasons why a tenant may be evicted, according to the draft Law on Real Estate Rentals and Evictions.
Another action that can be based on is that the property is going to be repaired, rebuilt or new constructed that warrants the vacating; likewise in the need that the owner or his spouse has to occupy the property, or by relatives of one of them, ascendants, descendants or collaterals up to the second degree inclusive.
A claim may also be filed if the tenant has used the property for a purpose other than that for which it was rented, without the prior written consent of the owner; if the tenant has caused damage to the property greater than that resulting from normal use, or has carried out renovations not authorized by the owner; and when the tenant has assigned the rental or subletting contract in whole or in part without the prior written consent of the owner.
The project, which was approved in its first reading in the Chamber of Deputies, states that "any eviction sentence issued by the justice of the peace will be declared enforceable notwithstanding any appeal that may be filed against it.".
“However, the tenant who appeals the decision may evade the enforceability of the sentence if he proves that he has deposited in the Reserve Bank of the Dominican Republic twice the amount of the penalties established in the sentence to be appealed,” the document states.
The project establishes that the local magistrate's court where the property is located will be the court with jurisdictional competence to hear claims regarding rentals.
“Lawsuits for eviction, compliance or early termination of a rental agreement, return of security deposit, enforcement of guarantees, extension by agreement between the parties and any other action arising from a tenancy relationship on real estate, will be processed and decided in accordance with the provisions contained in this law.”.
Delinquency
In the Dominican Republic, when signing a rental agreement, one of the main requirements is that both the tenant and their guarantor must present their credit history, although in most cases agents and lawyers include it within the verification costs.
Data Crédito and TransUnion are well-known companies that offer this service, allowing people to check their credit history for free every three months. "This measure applies to all rentals, regardless of whether they are low-cost or high-cost," explains lawyer Reyna Echenique. For tenants who cannot provide their credit history, the approximate cost is around 500 pesos.
