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

  1. #21
    Senior Member lizzardo's Avatar
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    Thanks everyone. I think you are right, this guy had it all figured out before he moved in. Our real estate agent who was supposed to screen tenants should have never said that this guy was reputable. All my lawyer keeps on saying is "if you went to a lawyer first, they would have said not to rent to a lawyer (law firm) and that the contract was poor". We keep on saying "now we know it but what can we do now" - Here is what he wrote us as far as an appeal.. I don't even understand it.

    The law does not provide for the right to appeal the decision of the court of first instance of Aruba in matters of the Lease Commission However, case law makes certain limited exemptions. You would be able to pursue an appeal based on these limited exceptions. However, the basis of the appeals is very narrow. We would be able to argue that the judge went beyond the scope of the law by affording protection of the lessee by exceeding the protection the law intended to give the lessee. In essence one could argue that the judgment effectively infringe upon your property right in a way that was not contemplated by the legislation. You would understand that this basis of the appeal is very narrow. It is not certain that the court of appeals would agree to this argument.

    If anyone knows anyone who can help us - please let us know. I think he is extorting us to move out. I don't know what anyone in Aruba can do for us. The lawyer does not have a great reputation on the island. Which we found out later. When we say his name everyone seems to moan.

    I have been crying since this whole thing was ruled on. For an American, this makes no sense. I lived full time in Aruba and there are some strange ways people view things sometimes - but this situation seemed to us to be straightforward. I guess I was the fool.
    Last edited by lizzardo; 11-22-2013 at 01:28 PM. Reason: more
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  2. #22
    Senior Member qlaval's Avatar
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    Hi,

    Poor you, being taken hostage in your own house....

    It looks like your lawyer is saying that an appeal is possible but not very likely to succeed...

    I first thought you had rent to an individual who had hire a lawyer to help him extort you better but no it's even worst it's the crooked lawyer himself you've rented to....

    My guessing that he had it all figured out even before moving in is sadly not a guess anymore... he simply was waiting for a luxurious house to be offered on the rental market... He got you good and he knows it...

    A real nightmare, I don't even know you personally and still it infuriates me to see such an injustice, I sure feel your pain...

    Don't know much to say except that I'm sorry for all you have to live true, be brave Liz
    Pierre


  3. #23
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    Quote Originally Posted by lizzardo View Post
    Thanks everyone. I think you are right, this guy had it all figured out before he moved in. Our real estate agent who was supposed to screen tenants should have never said that this guy was reputable. All my lawyer keeps on saying is "if you went to a lawyer first, they would have said not to rent to a lawyer (law firm) and that the contract was poor". We keep on saying "now we know it but what can we do now" - Here is what he wrote us as far as an appeal.. I don't even understand it.

    The law does not provide for the right to appeal the decision of the court of first instance of Aruba in matters of the Lease Commission However, case law makes certain limited exemptions. You would be able to pursue an appeal based on these limited exceptions. However, the basis of the appeals is very narrow. We would be able to argue that the judge went beyond the scope of the law by affording protection of the lessee by exceeding the protection the law intended to give the lessee. In essence one could argue that the judgment effectively infringe upon your property right in a way that was not contemplated by the legislation. You would understand that this basis of the appeal is very narrow. It is not certain that the court of appeals would agree to this argument.

    If anyone knows anyone who can help us - please let us know. I think he is extorting us to move out. I don't know what anyone in Aruba can do for us. The lawyer does not have a great reputation on the island. Which we found out later. When we say his name everyone seems to moan.

    I have been crying since this whole thing was ruled on. For an American, this makes no sense. I lived full time in Aruba and there are some strange ways people view things sometimes - but this situation seemed to us to be straightforward. I guess I was the fool.
    The guy from Cyclone Promotions did not understand what I was trying to say to you but I will try again. The power of the media is always strong. While something is technically "legal" but morally wrong the pressure that media puts on when doing a story to reveal things that appear to be ridiculous sometimes helps. With enough media coverage in Aruba and possibly the US, the appropriate steps to remove this tenant may happen. It will be very embarrassing to have this situation revealed. When desperate do desperate things!!
    happiness is going to Aruba with your adult kids because they still want to come with their parents

  4. #24
    CK1
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    A lot went wrong. But there is still hope, Lizzardo!

    The way I understand what your lawyer is saying: there is a slight chance to appeal the ruling on that previous appeal as that judge should not have ruled in favor of the tenant!

    And this makes sense! Why should a "poor" tenant be allowed to live in a luxury house?

    You wrote: "The lawyer does not have a great reputation on the island." Are you talking about the tenant who is a lawyer? Or is it the lawyer you hired to help you solve this case?

    It's a very frustrating situation, especially as the law in Aruba is different and sometimes hard to understand. But I felt the same when we had rented out here in the US, the tenants did not pay their rent, moved out earlier, caused damage, trashed the place and we were almost never able to get the money they owed us. The law in the US is very weak in that regard and much tougher in Germany, for instance.

    I will keep thinking of you and hope everything works out well. I feel as well that it's a huge injustice what is going on in your case. I hope very much that the judge who will rule on your case will rule in your favor. Please don't give up! There is still hope.

  5. #25
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    not sure it is solution but after i spoke to my friend/attorney he said:try both or at least one of you become permanent resident in Aruba[apply for it asap} and after granted appeal to King on Netherlands or to higher court in main land as being unable to live in your house as Permanent Resident of Aruba .[my friend attorney in New York but he said it is should work]

  6. #26
    Senior Member lizzardo's Avatar
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    It's our tenant who has a bad reputation. We have 5 years of residency. You need to have an address of where you live. How can we do that? The past years have been so stressful - mom dying, dad in a locked ward with dementia and now this, it's taking a toll in my marriage.

  7. #27
    CK1
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    That it is the tenant with the bad reputation - that is positive for you.
    That you have a good lawyer and friends who are trying to help - that is positive for you.
    That you have already five years of residence - that is positive for your case.

    Going through a difficult time in your life - I think we all can relate to it in one way or another. That it takes a toll on your marriage or your health - It's NOT WORTH IT!

    You have a chance to win this case. Have faith and do the best on your part what can be done.

    No matter of the outcome, there is a reason why things are happening. Sometimes, we don't understand those reasons right away. What is meant to be, will be. Have faith. Be strong. Relax and breath.

    Good Luck and all the Best to you!

  8. #28
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    same from us:good luck and best wishes.let leave all bad in 2013 and move on to 2014 with solution to this nightmare.

  9. #29
    Senior Member Pegmeister's Avatar
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    You must be tremendously frustrated. I would be spitting nails!! It really is just wrong I hope with time you are able to get things rectified. I wish I had answers. All I can do is send some prayers out. I really hope it works out for you.
    Last edited by Pegmeister; 11-23-2013 at 06:55 PM.

  10. #30
    Senior Member lizzardo's Avatar
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    He's had 1 year and will be on his 2nd end of Nov. Looking for someone to translate ruling from dutch to english.

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