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

  1. #11
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    Some info

    Quote Originally Posted by lizzardo View Post
    ********** 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. My answer is


    Hi Liz

    So sorry to hear that you and Mick have encountered this situation. As a fellow property owner we have checked into this and when renting we always have a concern about Dutch Law and how it is slanted to afford maximum rights to the tenant. In checking out your situation, I found out 2 things...1. That after the initial term period is pased, the tenant agreement becomes an indefinite rental contract and the terms favor the tenant. 2......While this is the case, a Dutch judiciary has the power to cancel that contract.

    I am not sure you can achieve this in Aruba or not. There was a TV documentary that aired in North America and dealt with this whole issue in The Netherlands. From what I remember of that doc, there were steps that owners/landlords could take, such as disconnecting utilities and so on. When health and safety became issues, then the authorities would step in. Seems like a crazy system, but that is the way the Dutch set it up. Not sure why.

    John

  2. #12
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    Rental market is strongly pro-tenant


    Thanks to VanEps Kunneman VanDoorne

    Rents: Can landlord and tenant freely agree rents in Aruba?

    In general, parties may freely determine the rent in a tenancy agreement. Also the increase of such rent can be freely determined.
    However, certain classes of real estate are subject to mandatory rules of law (Ordinance On The Rent Assessment Advisory Committee (1991), known as the “Ordinance”) as regards the determination of the applicable rent. These mandatory rules apply to houses with a building value (including the ground value) of less than AWG 100,000 (approx. US$55,000), which include residential housing, shops, bars, restaurants, hotels and offices, with the exception of buildings located in hotels, airports and seaports. According to the mandatory rules of law, the Rent Assessment Advisory Committee - known as “the Committee” - is charged with the determination of the rent and with any requests to increase such rent. The Committee will base the rent on the percentage of the buildings costs.
    In practice, despite these mandatory rules of law most landlords do not turn to the Committee to determine the rent. They often enter into agreements with tenants and determine the rent with mutual consent.


    Security Deposits

    Neither the Ordinance nor the Civil Code of Aruba contain provisions regarding security deposits or rental deposits (In Aruba there is no distinction between security or rental deposits).


    What rights do landlords and tenants have in Aruba, especially as to duration of contract, and eviction?

    There is a distinction between contracts for indefinite periods of time and contracts for a specified period of time.


    Contracts for indefinite periods of time

    The landlord needs first to receive permission from the Committee to end an indefinite period tenancy. The tenant should observe the agreed term or notice or, if parties did not agree to a term of notice, a reasonable term of notice.



    Contracts for specified periods of time

    The landlord cannot terminate the tenancy agreement even after the date of expiry without permission from the Committee, where the tenant wishes to extend. However, the tenant can terminate the tenancy agreement after expiration of the term.

    Premature termination of the tenancy agreement is in principle only allowed by mutual consent between the landlord and the tenant.
    If a written tenancy agreement has expired, but the tenant is still actually living in the rented house, this will be seen as a renewed tenancy agreement. The renewed tenancy agreement will be a tenancy agreement for an indefinite period of time.

    The landlord can request the Committee permission to terminate the tenancy agreement. The Committee will give permission on the following grounds:



    • The tenant does not pay the rent in time, or does not use the house as a good administrator;
    • Under special circumstances the Committee may accept other grounds, if the landlord has a legitimate interest in the termination of the tenancy agreement.


    Both landlord and tenant can also request the Court of First Instance of Aruba to dissolve the tenancy agreement because of default of the other party or exceptional circumstances.

    After expiration of the tenancy agreement (due to termination or dissolution), the landlord can initiate eviction proceedings before the Court of First Instance of Aruba in case the tenant is not willing to surrender the premises. In principle, the landlord should first give notice to the tenant before initiating such eviction proceedings.

    If the landlord wishes to sell the house, the tenancy agreement will not be terminated, except in case this has been agreed upon beforehand between landlord and tenant.



    How effective is the Aruban legal system?

    In case a tenant does not pay the rent, the landlord can request dissolution of the tenancy agreement by court proceedings. Furthermore, the landlord can start legal proceedings to collect the rent.

    Also the landlord can request eviction of the tenant. He may start summary proceedings, which will take approximately 2 to 6 weeks, to obtain an eviction judgment. However, to dissolve a tenancy agreement the landlord should initiate proceedings on the merits, which may last approximately one year.



    Legislation

    Ordinance of the Rent Assessment Advisory Committee of 1991 Civil Code of Aruba.


    Brief History: Recent changes in Aruban landlord and tenant law

    The Netherlands Antilles are an autonomous civil law territory of the Kingdom of the Netherlands located in the Caribbean, and consist of two island groups, the southern group of Curaçao and Bonaire (north of Venezuela), and the northern group of Sint Maarten, Saba and Sint Eustatius (east of Puerto Rico). Aruba used to an island of the Netherlands Antilles, however, in 1986, after a referendum, the island of Aruba was constitutionally separated from the Netherlands Antilles, but it still remains part of the Netherlands.Aruba introduced the Civil Code of Aruba, which is in many aspects, similar to Civil Code of the Netherlands Antilles. In Aruba there has not been any radical intrinsic de-regulation or re-regulation in the past few decades in the rent legislation.

    http://www.globalpropertyguide.com/C...ord-and-Tenant
    Last edited by CK1; 11-20-2013 at 10:21 PM.

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    I would go to the newspapers and TV in Aruba. Nothing better than negative publicity especially when you are dealing with an island that relies so heavily on Tourism. Go the newspapers that cater to the tourists. Don't you always notice that the free newspapers that are in the lobby usually don't have anything overtly negative about Aruba as compared to the newspaper the local people read?

    I would bet with enough negative publicity the pressure would be on the Aruba Judicial/government to get your house back. Obviously, playing on the fact that you had run the successful kitten rescue program in Aruba and want to return to island.....

    Hmm...here's another angle: May be contact some US news outlets for coverage. They would want comments from Aruba, just what Aruba will not want more negative publicity from the US!!!
    happiness is going to Aruba with your adult kids because they still want to come with their parents

  4. #14
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    Quote Originally Posted by Randi View Post
    I would go to the newspapers and TV in Aruba. Nothing better than negative publicity especially when you are dealing with an island that relies so heavily on Tourism. Go the newspapers that cater to the tourists. Don't you always notice that the free newspapers that are in the lobby usually don't have anything overtly negative about Aruba as compared to the newspaper the local people read?

    I would bet with enough negative publicity the pressure would be on the Aruba Judicial/government to get your house back. Obviously, playing on the fact that you had run the successful kitten rescue program in Aruba and want to return to island.....

    Hmm...here's another angle: May be contact some US news outlets for coverage. They would want comments from Aruba, just what Aruba will not want more negative publicity from the US!!!

    Hey Randi this has nothing to do with Tourism

    do you read read there is rules to follow when you rent a house here on the island do you think it a free for all
    there is steps that will need to fallow.
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  5. #15
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    Quote Originally Posted by cyclone promotions View Post
    Hey Randi this has nothing to do with Tourism

    do you read read there is rules to follow when you rent a house here on the island do you think it a free for all
    there is steps that will need to fallow.
    Hi Cyclone promotions,

    I posted that article to show that it is actually "legal" that this guy can ask $45,000 so that he would move out sooner. I personally find this outrages!

    I believe that law was based to protect the "weaker and poorer" part which would be the tenant and give the landlord which is seen as the stronger part, less right.

    However, in this case, this tenant had the chance to move into an expensive, luxury house at a low rent, as it was only temporarily, for one year. This tenant took advantage in any possibly way.

    IMO, it's disgusting! He is like a maggot, a parasite! I hope that judge in charge will see that. And will do the right thing!

  6. #16
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    Quote Originally Posted by CK1 View Post
    Hi Cyclone promotions,

    I posted that article to show that it is actually "legal" that this guy can ask $45,000 so that he would move out sooner. I personally find this outrages!

    I believe that law was based to protect the "weaker and poorer" part which would be the tenant and give the landlord which is seen as the stronger part, less right.

    However, in this case, this tenant had the chance to move into an expensive, luxury house at a low rent, as it was only temporarily, for one year. This tenant took advantage in any possibly way.

    IMO, it's disgusting! He is like a maggot, a parasite! I hope that judge in charge will see that. And will do the right thing!

    I do understand what are you explaining to me.

    That the way the houses here on the island is so expensive to even rent because that is due this kind of problems that someone can run into.

    I find it crazy too that the this dude is asking for 45000 but if they miss a month of rent or two then the landlord can start the procedure. like cut utility's if it is on there landlord name and so on
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  7. #17
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    Quote Originally Posted by cyclone promotions View Post
    I do understand what are you explaining to me.

    That the way the houses here on the island is so expensive to even rent because that is due this kind of problems that someone can run into.

    I find it crazy too that the this dude is asking for 45000 but if they miss a month of rent or two then the landlord can start the procedure. like cut utility's if it is on there landlord name and so on
    Thanks.

    I think what is the most upsetting: The landlord is a nice person, honest, decent and fair.

    With the help of an Aruban Real Estate person, the landlord makes a lease agreement with the tenant for one year.

    But when the year is over, the tenant refuses to move out and is playing all kind of tricks, taking advantage of the loopholes in the law.

    Things, which the landlord (and most people who don't know the law) would NOT image in their wildest dreams could happen!

    It is so unfair!

  8. #18
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    Wow. How shocking that something like that could happen to you. I hope you find support that can help you get this resolved in your favor quickly. It makes me sick that people are so selfish they would knowingly do something like that.

  9. #19
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    I would bet that this renter knew exactly from the start that he would try to extort the landlord...
    It's a typical well planned sting operation.
    Sadly you can bet that this renter will never miss a rental payment...
    Why? Because it's planned from the start and more his lawyer is helping him to take advantage of the system...

    What's your lawyer saying? Does he see a short term solution?
    If I were you I would rather pay $45k in legal fee than giving it to that thief...
    Let's just hope that he's not adding to the outrage by messing up the house...

    Gosh do I ate it when I see criminals taking advantage of good people...
    Because even if there's no gun it's a robbery you're facing...

    Wish you a lot of courage and a quick solution.
    Last edited by qlaval; 11-21-2013 at 04:07 PM.
    Pierre


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    I read and re-read this whole string...I am sick thinking about it Lizzardo.

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