SANTO DOMINGO.– The local magistrate's court where the property is located will be the court with jurisdiction to hear claims regarding rentals, as stipulated in article 39 of the draft general law on rentals of real estate and evictions, approved in its first reading last week in the Chamber of Deputies.
“Every eviction judgment issued by the justice of the peace shall be declared enforceable notwithstanding any appeal filed against it. However, the tenant who appeals the decision may evade the enforceability of the judgment if he proves that he has deposited in the Reserve Bank of the Dominican Republic twice the amount of the penalties established in the judgment to be appealed,” says Article 40.
The proposal states that claims 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 derived from a tenancy relationship on real estate, will be processed and decided in accordance with the provisions contained in the law.
According to article 41, the eviction of a tenant may be demanded when the action is based on one or more of the following grounds:
1) That the tenant has failed to pay the rent for two consecutive months;
2) That the property is going to be subject to repair, rebuilding or new construction that warrants vacating;
3) 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;
4) In the fact that 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;
5) That the tenant has caused greater damage to the property than that resulting from normal use of the property, or has carried out renovations not authorized by the owner;
6) That the tenant has assigned the rental or sublease contract in whole or in part without the prior written consent of the owner.
“Legal action may be taken for reasons other than those provided for in this article,” it adds.
Although the proposal has expired, it will be considered in the Lower House during the Second Ordinary Legislature, scheduled to begin on August 16 of this year, the very date on which the second term of government of President Luis Abinader begins.
Cover photo: Pixabay.
