Senate approved in second reading the Bill on Rental of Real Estate and Evictions

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Santo Domingo.- The Senate of the Republic approved in second reading and with modifications, the Real Estate Rental and Eviction Law Project, this regulation highlights in article 13 that the owner may demand from the tenant or lessee, as a deposit, an amount no greater than two months of the rental price.


This regulation was sanctioned with a vote of 22 of the 24 senators present in the Extraordinary Session held this Monday, hereinafter the piece will be sent to the Executive Power for its subsequent promulgation.

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The initiative details in its article 2, that this law governs for rental contracts, with the exception of rural properties, pensions and lodgings, parks or companies in free trade zones that operate under the current law, as well as the rentals of properties for tourist or recreational purposes, whose duration is not greater than ninety days, in addition to the State's assets given for rent or lease and any commercial activity governed by special law.


Article 7 highlights that the payment of brokerage commission will be borne by the party who hires it. Any publication or offer for rent of a property is deemed to have been ordered or contracted by its owner. In its paragraph, regarding legal expenses on the occasion of the rental contract, it states that they will be shared equally by the landlord or their representative and the tenant or their representative.


Also, Article 8 states that the readjustment of the property's rent price will be subject to agreement between the parties. In the case that the property is intended for housing and the readjustment has not been expressly agreed upon, it may not exceed 10% of the rent amount.

The piece, highlights in its numeral 13, that the owner or landlord of a property intended for housing may demand from the tenant, as a deposit, an amount no greater than two months' rent.
It also contemplates in its article 15 that the sum agreed upon as a guarantee, accompanied by a copy of the rental agreement, may be deposited by the owner or landlord in the branch of the Banco Agrícola or the Banco de Reservas-Múltiple of the Dominican Republic, corresponding to the location of the property, by prior agreement between the parties.
The plenary of the Senate also read, in the second Session of the Extraordinary Legislature, where it accepted in a single reading the observations made by the Executive Branch to the Organic Law of Supervision and Control of the National Congress, a proposal presented by Senators Félix Bautista and Ramón Rogelio Genao Durán.


The assembly members welcomed the observations recommended by the Executive Branch to said project according to communication sent to the president of the Legislative Body, Ricardo de los Santos, dated August 1st of the current year under the signature of the President of the Republic, Luis Abinader.


These modifications were made to five articles 35, 41, 47, 49, 58 and 87 of this law and were approved with 23 of the 25 present.

The reluctance of ministers, deputy ministers, directors and other officials of the Public Administration, as well as any natural or legal person to attend or appear before the Plenary of the legislative chamber or the corresponding commission, notwithstanding that the procedures and deadlines established in articles 35, 36 and 37 of this law have been exhausted, shall be sanctioned by the criminal courts of the Republic with the penalty established by the legal provisions in force for cases of contempt of public authorities, at the request of the corresponding chamber.
Also, he reformed article 47, which from now on will read that the effect of non-appearance; the natural person or representing a legal entity who, having been duly required and summoned, does not voluntarily and unjustifiably appear before a special investigation commission, will be sanctioned by the criminal courts of the Republic with the penalty established by the legal provisions in force for cases of contempt of public authorities, at the request of the corresponding chamber.


Article 58 presents a Motion of a Vote of Censure. The public official who does not comply with the interpellation without justified cause or responds unsatisfactorily or insufficiently to the questions asked during it, may be subject, at the proposal of a senator or deputy, to a motion of a vote of censure by the plenary.


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