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Thread: problems with our long term rental (we are the owners)

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    Senior Member lizzardo's Avatar
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    problems with our long term rental (we are the owners)

    We rented our house out on a yearly basis that was renewable every year if both parties agree. We told our tenant who had a renewable yearly lease Sept 2012 we were not renewing the lease ending in Nov 2012. It's been a year that he's been in our house and now the court has over-rided the housing commission who said we could get our house back to live in. They appealed and can now stay in the house. We are waiting for more details but it's simple - even if you own a house in Aruba, you can not do what you want with it. Really puts a very sour taste in our mouths about the country we used to love. We had plans to move back, now I don't know.

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    Senior Member Arubalisa's Avatar
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    Quote Originally Posted by lizzardo View Post
    We rented our house out on a yearly basis that was renewable every year if both parties agree. We told our tenant who had a renewable yearly lease Sept 2012 we were not renewing the lease ending in Nov 2012. It's been a year that he's been in our house and now the court has over-rided the housing commission who said we could get our house back to live in. They appealed and can now stay in the house. We are waiting for more details but it's simple - even if you own a house in Aruba, you can not do what you want with it. Really puts a very sour taste in our mouths about the country we used to love. We had plans to move back, now I don't know.
    Sounds like squatter's rights?

    Are they at least paying rent? I hope so.

    Just another reason NOT to invest in Aruba.

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    Super Moderator Jacki's Avatar
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    Quote Originally Posted by lizzardo View Post
    We rented our house out on a yearly basis that was renewable every year if both parties agree. We told our tenant who had a renewable yearly lease Sept 2012 we were not renewing the lease ending in Nov 2012. It's been a year that he's been in our house and now the court has over-rided the housing commission who said we could get our house back to live in. They appealed and can now stay in the house. We are waiting for more details but it's simple - even if you own a house in Aruba, you can not do what you want with it. Really puts a very sour taste in our mouths about the country we used to love. We had plans to move back, now I don't know.
    Wow! Good luck - I hope everything works out the way it should!
    Jacki ~ loving Aruba from NJ

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    Senior Member lizzardo's Avatar
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    We are getting rent, but it was low because we had a clause in our lease (provided by a real estate agent) said the house was for sale and they had 90 days to move. But no one wants to talk about all the violations this guy has done. He wouldn't allow people in the house to be shown, modified the house so it was 2 units and has another person living on the other side ( and he's prob. getting rent). NOPE Aruba committee and law doesn't care. So this guy has been living in the house for an extra year and now more We HAVE TO PAY HIM MONEY. We have no idea if we can sell the house and if the guy has to move or 'would come with the house'. I was supposed to spread my mom's ashes in a special tree in the back yard because she loved Aruba so. My dad still does. Now I can't say that I would move back. I was wanting to and restart my kitten rescue because that was a great time in my life. But now I don't think I will. Not worth it. If anyone knows of any resources or people who can help (but it's doubtful) - let me know. Thanks for the support Lisa!

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    CK1
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    Quote Originally Posted by lizzardo View Post
    We are getting rent, but it was low because we had a clause in our lease (provided by a real estate agent) said the house was for sale and they had 90 days to move. But no one wants to talk about all the violations this guy has done. He wouldn't allow people in the house to be shown, modified the house so it was 2 units and has another person living on the other side ( and he's prob. getting rent). NOPE Aruba committee and law doesn't care. So this guy has been living in the house for an extra year and now more We HAVE TO PAY HIM MONEY. We have no idea if we can sell the house and if the guy has to move or 'would come with the house'. I was supposed to spread my mom's ashes in a special tree in the back yard because she loved Aruba so. My dad still does. Now I can't say that I would move back. I was wanting to and restart my kitten rescue because that was a great time in my life. But now I don't think I will. Not worth it. If anyone knows of any resources or people who can help (but it's doubtful) - let me know. Thanks for the support Lisa!
    That is shocking and unbelievable! So sorry about all the trouble you have to go through!

    I don't know anything about the law regarding Aruba's rental market but I'm thinking if a very qualified Aruban lawyer would be able to help? Are there still possibilities to appeal? I wished you could really find someone in Aruba who knows the ins and outs in a situation like that. Does that guy have any "connections"?

    It's unbelievable that he could already stay another year at a low cost rent despite your contract. Does your contract state that you ONLY rent to him and no further tenants are allowed without your consent? Can it be proven that he rents the other part of the house out? Can you increase the rent a LOT? How is it even possible that you have to give him money? (I'm just thinking out loud). All that is just not right!

    I so wish for you that something can be done! That must be so frustrating! Hopefully, you will find someone who has a solution to all of this. BEST of LUCK!

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    Senior Member lizzardo's Avatar
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    ********** IF ANYONE CAN HELP US - CONTACT AN ARUBAN OFFICAL OR SOMEONE WITH POWER - PLEASE HELP US ************************

    We do have a good Aruban lawyer. We won in the housing committee and he appealed it in the Aruba court system and won. We know we have to pay HIS lawyer fees. We understand we could appeal in Curacao then holland. We have a no sublet clause in our contract. We can not prove a sublet - he can say it's a guest. Right after the case and before the judge made his decision this is what they wrote to get him out:

    > > As per the judges’ suggestion my client is willing to settle this matter against a monetary compensation. To that end my client is willing – under reservation of all rights and remedies – to settle this matter under the following terms and conditions:
    > >
    > > - Your clients will pay my client a compensation of US$45,000;
    > > - Your clients will refund my client the deposit;
    > > - My client will vacate the house as per April 30, 2014;
    > > - My client will continue to pay the rent until April 30, 2014.

    That is extortion or black mail?
    Last edited by lizzardo; 11-21-2013 at 10:36 AM.
    Aruba Kitten Rescue www.arubakitten.org

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    Senior Member Shnyda's Avatar
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    Wow --- that's pretty much the most ridiculous thing I have ever heard. I wish I could help.
    -Eric, Karen and Mia-
    Aruba New Years 2017-18 12/28/17 - 1/3/18 (18th Trip)


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    Senior Member purpleangel's Avatar
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    I'm so sorry you are going through this. What a nightmare!
    Darlene

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    Senior Member Arubalisa's Avatar
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    WOW, extortion and black mail are putting it nicely. I too am sorry that you have to go through this.

    Please keep us posted. There is a lesson to be learned here for others.

    There are a lot of things that I could say, but suffice to say after all you have done for the island in caring for those who cannot care for themselves and this in turn is how you are treated?
    Last edited by Arubalisa; 11-20-2013 at 07:22 PM.

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    CK1
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    I have read about a case where the tenant "demanded" quite a lot of money in order to move out of a rented house so that the owner could sell it (a case in
    Germany).

    However, the landlord does not have to accept it.

    There are some sleazy tenants and their lawyers who "give it a try".

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