Legal: Landlord Recourse from unruly Renters

We own a home in Sosua/Cabarete area. Our home is managed by someone. The renter left, but our home was in horrible shape after the renter left. Is there legal recourse we could take besides keeping the deposit ---  the damage was more than the deposit. We heard that there is nothing we can do. If that is the case, then I would recommend to anyone buying a place NOT to rent the house out UNLESS you have every tiny item listed, accounted for, and whatever else needs to be put in the document. Thank you.

Karen

Do you have your permanent or temp residency here? If so you have legal rights.

As a Realtor with a law degree, I think you have it right when you say you would be wasting your time to go after the tenant for more than the deposit.  Renting out your home anywhere is tricky and all due diligence must be used, including making a complete list of items, getting first and last months rent plus a deposit and hiring the right property manager who checks in with the tenants every few months and takes photos of the house.  Especially in a vacation area like the North Coast, this stuff is even more important and if you don't have to rent out your property, don't do it and if you do have to, charge good rates for you, do background checks and hire the best property manager around.

And everything is different here.  Not the same as USA or Canada or anywhere else!!!!

Renters have a lot of rights and owners less.  Does NOT matter is your are legal as law is territorial in nature.

It's ALL in the details, hire a good lawyer!!!

Planner is correct contact a lawyer here.

We manage two condo rentals (one we own) and we are meticulous on how we handle the rentals and clients.  So far no problems.

Bob K

Bob K wrote:

Planner is correct contact a lawyer here.

We manage two condo rentals (one we own) and we are meticulous on how we handle the rentals and clients.  So far no problems.

Bob K


I have no experience in the DR, but have been a landlord for decades in the states.  Problem tenants are the worst.  Even in a best case scenario where legal judgments have been successfully obtained, actually collecting from the past tenant is a seriously difficult endeavor.  A good property manager is the best defense against future problems. I've learned to get the most deposit possible and rent at a rate that allows me to bank for the inevitable damage and destruction.  Having a manager that monitors the property while it is occupied goes a long way towards encouraging current tenants to live up to their part of our agreement.

One safeguard that nobody seems to have mentioned yet is the RENTAL CONTRACT itself.

It should be very specific as to the rights and responsibilities of the tenants as well as those of the landlord. It should be clearly worded with regard to damage to the unit and the financial responsibility for same (excluding normal wear and tear). That way when something goes wrong it becomes a clear issue of contract law and much easier to deal with should it need to be taken to court. When a tenant signs a notarized contract that makes him/her responsible for eventual damages, there is no "wiggle room" - they pay or you take them to court and they're ordered to pay.

Cheers,
James       Expat-blog Experts Team

Not necessarily here James. Legal things dont work well. bribery, corruption, and onus of proof..... Contracts only go so far...

Planner said it right, Renters in the DR have such strong rights!   That's why I stated earlier, that the odds of recovering what you are owed there and getting the renters to pay your attorney fees also, are slim and none.  I believe that going after a Renter, hiring an Attorney in the DR, can not possibly be worth it, unless they left and took at least $5000 in stuff......and don't even think about it, if they just skipped out early on a Lease....because with the cost of an attorney, all your time and the low odds of recovering it(since Renter's have more rights there than the US).....you would be fighting an uphill battle, when instead, time and money would be better spent getting your property back in order and finding a better property manager.

Seahols both Planner and JD have it right. Write this off as a lesson learned and hire a much more competent property manager.  They are out there but you have to look.  Going the legal route here will make you old, grey and poorer.

Bob K