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Thread: Need help with a rental tenant/business owner

  1. #1
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    Need help with a rental tenant/business owner

    Hi! I need help please. We inherited my grandma's house in Aruba and fixed it up. When we were in Aruba in March we interviewed multiple property managers and settled with a company called Island Aruba Realty. My mom did not contact the correct people and long story short once we were off the island the "owner" of this company moved himself into the apartment on our property, he did not even make us aware of doing this the neighbors did. He did this without a lease from us and when we asked him to leave he claimed his rights as a "property manager" to sign his own lease and refuses to leave. He says he doesn't want to live there but he has no where to go and according to Dutch law he has a right to be there...he has not paid us rent and is using the main house on the property for electricity and water (they are in our name so he doesn't pay that bill). We have hired a lawyer already and are starting the process but I was wondering if anyone has any tips or help for us?!

    Also the company is Island Aruba N.V. which is not registered with the Aruba Chamber of Commerce. I have heard that this might an illegal business does anyone have any tips on how I can possibly get the owner prosecuted?

    I don't know if this will help but this is the business in question...

    https://www.islandarubarealty.com/contact

    I just received a message asking me to clarify the issues here...

    1. there is no part of our property management contract that allowed him to live on the property rent free OR with payment of rent...he used his "signing power" as property manager to sign his own lease after we told him we did not want him living there

    2. he refuses to pay rent or utilities and also refuses to leave because he has a right to be there (his own words)

    3. I cannot find the business as a registered N.V. with the Aruba Chamber of Commerce

    4. even as a property manger we had issues with the one and only rental he did book...he was unable to let the person in and the renter left a terrible review because he was rude and had the place filthy

    5. he took a contract entered into for property management and in good faith for him managing the property and used it for his own benefit

    So ultimately I am looking for any tips or help to get this man and his family out of our apartment and house, off our property and payment for the time he has lived there, used the utilities and the portion of money that is due to us from the one and only renter he did book.
    Last edited by Nomnomsmom; 07-27-2018 at 10:27 AM. Reason: I was asked to clarify
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  2. #2
    Senior Member act1966's Avatar
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    1) Change the locks. If he breaks in, call the police... B&E, trespassing etc.
    2) Turn off the utilities.
    3) No lease was signed by you (the property owner) - he can't enact a lease on his own behalf.

    Given that there was no lease signed, he doesn't have a leg to stand on - the reference that Andrea makes below was a case of a lease being in place and the tenant refusing to leave. Your situation is simply a case of someone trying to squat. Should be a slam dunk.

    That being said, if you signed a property management agreement with them, I'm assuming you've stopped paying the monthly...?
    Last edited by act1966; 07-26-2018 at 01:36 PM.
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  3. #3
    Senior Member lucky's Avatar
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    Absolutely ridiculous,i know what i would do and it wouldn’t be healthy for him
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  4. #4
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    welcome to the forum.

    I am sorry to read of your situation with this "squatter".

    in the. "property owners" category, look for postings from former forum member Lizzardo.
    she and her husband had a problem with what started out as a legitimate tenant, but then he became a squatter refusing to leave the property. it took 2+. years to get his sorry bum off the premises.
    it cost Liz and her husband thousands of $$ in legal fees.

    from what she had posted it seems that the "bad guy" has more rights than the owner.

    good luck
    Quote Originally Posted by Nomnomsmom View Post
    Hi! I need help please. We inherited my grandma's house in Aruba and fixed it up. When we were in Aruba in March we interviewed multiple property managers and settled with a company called Island Aruba Realty. My mom did not contact the correct people and long story short once we were off the island the "owner" of this company moved himself into the apartment on our property, he did not even make us aware of doing this the neighbors did. He did this without a lease from us and when we asked him to leave he claimed his rights as a "property manager" to sign his own lease and refuses to leave. He says he doesn't want to live there but he has no where to go and according to Dutch law he has a right to be there...he has not paid us rent and is using the main house on the property for electricity and water (they are in our name so he doesn't pay that bill). We have hired a lawyer already and are starting the process but I was wondering if anyone has any tips or help for us?!

    Also the company is Island Aruba N.V. which is not registered with the Aruba Chamber of Commerce. I have heard that this might an illegal business does anyone have any tips on how I can possibly get the owner prosecuted?

    I don't know if this will help but this is the business in question...

    https://www.islandarubarealty.com/contact
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  5. #5
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    Last edited by Andrea J.; 07-26-2018 at 01:30 PM. Reason: added 2nd link
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  6. #6
    Super Moderator Jacki's Avatar
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    Welcome to the Aruba.com Community Forum. Good luck and I hope somehow this works out in your favor!

    Great suggestions from act1966 but do you have a contract with this property management company? If so read that really well to see first if they do in fact have the right to enact the lease.
    Jacki ~ loving Aruba from NJ
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  7. #7
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    Quote Originally Posted by act1966 View Post
    1) Change the locks. If he breaks in, call the police... B&E, trespassing etc.
    2) Turn off the utilities.
    3) No lease was signed by you (the property owner) - he can't enact a lease on his own behalf.

    Given that there was no lease signed, he doesn't have a leg to stand on - the reference that Andrea makes below was a case of a lease being in place and the tenant refusing to leave. Your situation is simply a case of someone trying to squat. Should be a slam dunk.

    That being said, if you signed a property management agreement with them, I'm assuming you've stopped paying the monthly...?
    The police have been there and have said he has a right to stay. The lawyer said we can turn off utilities to the main house only because he isn't supposed to be living in the house but a judge will see us as cruel for stopping water/electric to his living place. Squatters have rights in Dutch law too from what we have learned.
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  8. #8
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    Quote Originally Posted by Jacki View Post
    Welcome to the Aruba.com Community Forum. Good luck and I hope somehow this works out in your favor!

    Great suggestions from act1966 but do you have a contract with this property management company? If so read that really well to see first if they do in fact have the right to enact the lease.
    Yes we have read and Hurrcomissie said that it wasn't legal but he does have rights to "live" there unfortunately.
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  9. #9
    Senior Member lucky's Avatar
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    For those of us who were thinking of buying in aruba who knew we can just walk into any house for rent and take over without paying any bills,definitely the cheaper way.
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  10. #10
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    Quote Originally Posted by lucky View Post
    For those of us who were thinking of buying in aruba who knew we can just walk into any house for rent and take over without paying any bills,definitely the cheaper way.
    If you're Aruban or Dutch...yeah it's the way to go! LOL
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