In Dominica the relationship between landlord and landlord is governed by contract and common law, with the exception of the premises covered by the Tenancies and Rent Control Act. This Act is extremely beneficial for tenants. It is only applicable to residences with a rental rate less than $800 (US$300) per month and to residential properties with an annual rental of less than $100 (US$37). The rest of this presentation does not cover these protected tenancies.
Rents: Can a property owner and tenant freely agree to rents in Dominica? for sale qatar
All leases must be registered in the Deed Registry.
There is no rental restriction on residential or commercial property. Consequently, the parties are free to agree on the rent applicable to their tenancy. During the tenancy period, the rent cannot be altered without the consent of both parties, unless permitted by the tenancy agreement.
What are the rights of landlords and tenants in Dominica, particularly regarding contract duration and eviction?
The parties shall determine the duration of the tenancy. It's usually two to five years. At the end of a fixed term, no notice is required to end a tenancy. It ends with what is described as time effluction.
Waterfront properties in Dominica
The tenancy may also be terminated for violation of its terms and conditions. Such termination may be for any term of tenancy (whether basic or not) and no demand for compliance or notice of default must precede it (the tenant can simply walk out, but if he is wrong about the breach he exposes himself to damages).
However, in order for the tenant to be expelled, the landlord must notify him:
giving details of the violation complained of;
If the violation can be remedied, the tenant must remedy it; and,
In any event, requiring the tenant to make compensation for an infringement in money.
Once that is done, the tenant cannot be expelled unless he fails within an acceptable time to correct the violation (if he can rectify it) and make reasonable compensation for the breach to the satisfaction of the landlord.
How effective is the legal system in Dominica?
Given the legal techniques and potential inconveniences associated with an eviction of a tenant, the recovery of ownership of the tenanted premises entails court action. Such proceedings must be brought before the High Court.
A tenant who believes he has no defence, normally would vacate after the commencement of the proceedings. Otherwise, unnecessary legal costs must be borne. But he can wait until the proceedings are running. Fortunately (or sadly) it does no good to build the reputation of litigation in a small country such as Dominica, where everyone knows one another. However, in the improbable event that the proceedings are contested, the process can last between 6 and 18 months.
Legislation
A foreigner requires a rental license (i.e., to become a tenant) for more than one acre of residential property, and more than three acres for commercial purposes.
The law on unprotected tenant companies is England's common law, as amended by several UK Statutes still applicable to Dominica. In addition, Dominica's Transportation Law and Property Act addresses limited matters such as forfeiture.