What should a tenant do if they believe a rent increase is unjustified?
Santo Domingo.- The unjustified increase in rental costs has become a recurring practice that highlights the deficiencies of a system in which the owner imposes burdens on the tenant for his own benefit.
Jonathan del Rosario , an expert lawyer in administrative law and civil procedure , warned that, under the regime of Decree No. 4807 , the owner cannot unilaterally increase the rent price without the written consent of the tenant , unless such increase is expressly authorized by the Housing Rent Control and Evictions Office.
Article 17 of the aforementioned decree establishes that a tenant who is dissatisfied with the amount of rent he/she pays may submit a request for a reduction to the Housing Rental Control and Evictions Office , attaching the receipt that proves the absence of outstanding payments in the monthly payment.
In addition, you must indicate the amount you currently pay, the reduction you are seeking, and the reasons you give.
The Control may reduce the rent if it is abusive and exceeds 1% of the property’s value, including the land. What happens if the owner refuses to accept the regular amount?
Despite what the rule stipulates, some landlords adopt reluctant stances towards the tenant and reject any form of payment less than the amount of the required increase.
The lawyer Jonathan del Rosario indicated that, if the landlord demands an unjustified increase and refuses to receive the regular rent payment, the tenant should proceed to make Formal Offers of Payment followed by Consignment .
He also explained that this action is carried out by a bailiff who formally offers payment to the landlord. If the landlord refuses, the bailiff deposits the funds in escrow at the Agricultural Bank, issuing a receipt that validly releases the tenant from the arrears .
What is taken into account?
According to Article 18 of Decree No. 4807 , the Control must take into consideration the appraisal of the property carried out by the General Directorate of the National Cadastre , as well as the increases or reductions made to said property.
In the event that there is no appraisal, the Control must assess the situation of the property and its physical conditions when deciding each case .
Simply put: The Control Authority cannot arbitrarily set the new price. It must consider, among other factors, the property’s official value according to the cadastral appraisal.
Nor will it authorize any increase or reduction in the price of any rent before five months have passed since the lease began, as established in article 19.
The term appraisal refers to the official valuation of a property to determine its worth. This valuation, carried out by the National Cadastre Directorate , takes into account aspects such as the location, size, and condition of the property.
