Legal rights of tenants

I tagged a lawyer on your question.

One thing -. Is electricity included in your rent?

Hi Planner,
Yes, electricity is included in my rent.

Thank you for that.  We now have a member who is a lawyer.  She will respond to your situation.  You do have rights honey!   How did you manage so long with no powerm

It was not easy and this is a reoccurring problem at this complex. If it’s not the electricity it’s a problem with water or the elevator is broken and it’s never their problem.

Thanks Planner I am at my wits end dealing with these people.

Hello Gaspesie,

As a Landlord, a Property Manager, the President of an Owner's Association and with a great deal of legal experience in this country over such issues, my best advise is find another place to live as fast as you can.  Forget about lawsuits in this country.  This country is broken and nothing is going to fix it.

I know you won't like my answer, but I tell it the way that it is.

Best of luck.

Often I agree with this.  Sometimes the best thing is to leave.  Many will live out their deposit and move as fast as possible.  And for the record, living out your deposit is not legally correct but it is common!

It is also not legally correct to leave without paying your rent either but I have seen many landlords who deserve it...the decision is always yours.  Keep in mind that legal action is seldom the way that differences in this country are settled.

In the future, do not rent from a landlord that you are not comfortable with.  It also doesn't hurt to ask them for references before renting.  You will be able to tell from their response whether you want to rent with them or not.

Hello,

I hope this message finds you well.

By the Dominican common law it is the landlords obligation to cover all the expenses related to keeping the place livable, however, what it usually happens   -sometimes it is stipulated in the rental contract quite often-  is that you as tenant can pay to fix and/or maintain the rental place livable with his consent to later deduct your expenses of the rental payment of the month.

Because he did not agreed to it (from you message I assumed he did not) your payment was made under your own risk. Which means, at least in principle that he has no obligation to accept a deducted payment of a fixing made to his property that he did not agreed to.  This is quite unfair in legal terms, because it is his obligation to fix and pay for electricity as you said in your message, and of course, you cannot live without electricity.

At this point, we already know that what he did is clearly a breach of contract of his obligations, not only the ones he has agreed to in the contract as you said it is included, but also to the common law obligations of at least 6 different regulations, that being said you could sue him for it for breach of contract. On the other hand, because of his behavior regarding his obligations the contract can be rescind or terminated with no responsibilities on your end.

I am thinking it is a hard time to end a rental contract and find another place with the current situations in the country and the world.  My legal advice is to record payments to the agricultural bank, as law 43-14 contemplates that when a landlord does not want to receive the payment of the rental, you should make such payment to the agricultural bank as proof of your contractual continuity and your good faith with the law.

Hopefully provides you with a better understanding of your legal situation.

Best regards,

Thank you for this response!

Thank you such much Lishali. I feel relieved to know that I do have some recourse and what I need to do.
In these times of stress it is reassuring to receive accurate information. I am so grateful, thank you once again and thank you Planner!

We are happy to help!

Great!

Thank you very much.