SANTO DOMINGO – Renting a property has its requirements, beyond what the law stipulates. Some people, over the years, believe the property is theirs. This is not the case. It's important to know what happens in the event of the landlord's death, what the subrogation process is, and who is responsible for fulfilling the obligations if the tenant fails to do so.
Chapter IV of the new Real Estate Rental and Eviction Law deals with the death of the tenant. Article 10 defines the grounds for termination of the contract, which may be terminated for one of the following reasons:
- By mutual agreement between both parties (we assume in a cordial manner and the tenant, above all, must give valid reasons to the landlord).
- Due to the loss of the rented property due to unforeseen circumstances or force majeure that destroys or renders the property uninhabitable (fire, earthquake or cyclone. Not every tenant has the resources to pay for an insurance policy).
- For non-payment and other obligations arising from the rental agreement. (The joint guarantor will be responsible for paying these obligations in the absence of the tenant).
When the rented property is used for illicit purposes (drug den or hideout for criminals).
Article 11 addresses the case of the tenant's death. The landlord or owner must be guaranteed rent payments. I can subrogate by right, meaning someone must replace the deceased tenant, until the contract expires, in the following order of priority:
- The spouse of the tenant who lived in the property with him at the time of his death. (This doesn't mean he keeps the property, but rather pays for it and doesn't sell it).
- The person who has maintained a de facto material relationship with the tenant
- The tenant's ascendants and descendants who have habitually lived with him in the rented property (uncles, cousins, nephews, etc.)
