Taken from Listín Diario
SANTO DOMINGO.- Conflicts between tenants and landlords occur in all social strata, as eviction lawsuits for non-payment have been filed not only against people living in humble homes, but also in luxury towers.
“I have had cases of people who live in an exclusive area of the capital, in a tower, with all the luxuries in the world, and they have not paid a single peso for 10 years,” said prosecutor William Custodio, assigned to the Civil Executions department of the National District Prosecutor's Office, to Listín Diario.
Sometimes the problem is compounded by the fact that, in addition to not paying the rent, they also don't pay for maintenance.
He explained that in that case the owner has two ways of losing: the money from the rent, and the possibility that the condominium will seize the property for non-payment of maintenance.
He emphasized that the Prosecutor's Office is up-to-date with tenant eviction requests because they pay close attention to these cases, especially those involving non-payment of rent, which is a complex and lengthy process. He noted that tenants often lack the means to pay rent but can afford to hire a lawyer, which incurs costs.
In November 2020, just a few months after taking office, Attorney General Miriam Germán Brito instructed members of the Public Prosecutor's Office to expedite the execution of civil and other court rulings with the assistance of law enforcement. These rulings include those ordering the eviction of tenants.
Judicial Procedure
The legal actions to achieve the eviction of a tenant begin in the justice of the peace, then that sentence is appealed to the court of first instance and then appealed to the Supreme Court of Justice, when the sentences acquire the character of the irrevocable res judicata, that is, definitive.
“We are talking about three processes, and after the Supreme Court ruling comes out, and the public force is granted here, we have to go back to the Justice of the Peace court so that it opens its doors,” Custodio explained.
Some defendants appeal to the Constitutional Court, although these appeals do not have suspensive effects.
Custodio clarifies that the rent control and eviction office cannot order the eviction, but only the justice of the peace court can.
Active Processes
In 2021, the National District Prosecutor's Office received 742 requests for public force, of which 190 sought authorization to evict tenants.
Most of those orders were executed, according to Prosecutor Custodio, who spoke to Listín Diario. In the first two and a half months of 2022, his unit received 137 requests for police orders, 36 of which were for the eviction of tenants from properties.
Non-payment, termination of contract and adjudication resulting from an embargo are the main reasons that lead a property owner to demand the eviction of their property.
“Here in the National District, it happens very frequently. It’s a headache for property owners, because there have been cases that have lasted up to 10 or 15 years in the courts, from the judge of first instance until they reach the Supreme Court of Justice, and many people think of taking it all the way to the Constitutional Court,” the prosecutor explained.
He warned that anyone who carries out an eviction without a court order could face a sentence of 3 to 10 years in prison, since the law prohibits the owner from carrying out an eviction without having an enforceable title.
He explained that these are legal avenues that tenants take advantage of, because due process must be followed.
Learn more
Delinquent tenants lie back.
The protection: “The law protects the tenant, instead of protecting the owner, who has a fundamental right, which is the right to property,” Custodio stated.
Acquired right?
He argued that even with the Supreme Court ruling, there are tenants who say they will not leave unless they are paid, because they believe that due to the length of time they have been renting, they have an acquired right.
