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Thread: Need help with a rental tenant/business owner

  1. #21
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    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.
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  2. #22
    Senior Member act1966's Avatar
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    Quote Originally Posted by Nomnomsmom View Post
    There is NO language in the property agreement that allows him to live on the property. We found out from neighbors shortly after we left the island that he had moved in with his wife and their child. When we asked him what was going on he asked if we minded him living there and he sent us a proposed lease. When we did not sign the lease he said tough cookies, I am the property manager so I will sign my own lease and I have a right to live here per Dutch law.

    He is "living" in the apartment and using the main house utilities (which we pay for) and he refuses to leave. He is not paying for any utilities and has not paid rent either.

    Our property management contract was intended for him to manage the property not live there. There is no language in the contract which states he can live on the property he is using his property management "power" to sign his own lease.


    He's feeding you a line.

    He does not have the right to live there under Dutch law - squatting applies to abandoned properties. He's trespassing. We discussed this, at length, with our notary and lawyer before purchasing in Aruba.

    He cannot sign leases on your behalf unless he has power of attorney. If all you have is the property management agreement with him, there's no power of attorney.

    Cut off the utilities and change the locks - he has no right to domain under Dutch law and will not be able to make it stand up in court... and it won't even get that far. It sounds like he has no money so there's no way he'll have a lawyer on retainer.

    I'd recommend getting a new, reputable property manager to handle this for you if you can't be on island to do it yourself. There have been a few recommendations made on this forum if you search "property manager".

    Good luck!
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  3. #23
    Senior Member lucky's Avatar
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    You should tell him you’re renting it to a family member and he needs to vacate and his fee’s are in the mail
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  4. #24
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    if the utilities are in your name, cut them off. hire someone to watch when they leave, change the locks and have that person, preferably a bouncer type, answer the door if they come and say sorry, but i am now taking over. I will never buy property in Aruba. I use to say I wanted to but its not worth it.

  5. #25
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    He claims he has a POA but we do not have a copy of that in all of the paperwork (and we saved a copy of all paperwork signed with him) so I am not sure if he forged one or he was able to sneak in a paper that we were unaware of (but we read everything before we sign so that is unlikely).

    Quote Originally Posted by act1966 View Post
    He's feeding you a line.

    He does not have the right to live there under Dutch law - squatting applies to abandoned properties. He's trespassing. We discussed this, at length, with our notary and lawyer before purchasing in Aruba.

    He cannot sign leases on your behalf unless he has power of attorney. If all you have is the property management agreement with him, there's no power of attorney.

    Cut off the utilities and change the locks - he has no right to domain under Dutch law and will not be able to make it stand up in court... and it won't even get that far. It sounds like he has no money so there's no way he'll have a lawyer on retainer.

    I'd recommend getting a new, reputable property manager to handle this for you if you can't be on island to do it yourself. There have been a few recommendations made on this forum if you search "property manager".

    Good luck!
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  6. #26
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    Quote Originally Posted by gaby View Post
    if the utilities are in your name, cut them off. hire someone to watch when they leave, change the locks and have that person, preferably a bouncer type, answer the door if they come and say sorry, but i am now taking over. I will never buy property in Aruba. I use to say I wanted to but its not worth it.
    I cut off water to the main house but the lawyer we hired said a judge might see cutting off things to the apt as cruel and take pity on him.
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  7. #27
    Senior Member act1966's Avatar
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    Quote Originally Posted by Nomnomsmom View Post
    He claims he has a POA but we do not have a copy of that in all of the paperwork (and we saved a copy of all paperwork signed with him) so I am not sure if he forged one or he was able to sneak in a paper that we were unaware of (but we read everything before we sign so that is unlikely).
    You can now add fraud to any legal action. The last thing this guy will want is this going anywhere near a judge.
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  8. #28
    Senior Member brady bear's Avatar
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    Great advice...
    tell him if he don't move out he will have a perm. resident at the prison where he belongs.
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  9. #29
    Senior Member robin's Avatar
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    I wish you the best of luck getting this resolved.

    Try contacting a legit property management company. They may be able to lead you in the right direction. We use Prestige Reality for our condo. Maybe they can help.




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  10. #30
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    There seems to be some misconception here. The law in Aruba is Aruban law....not Dutch. Aruban law is derived from Dutch law and is essentially duplicate except for issues related specifically to Aruba and its governance. After 15 years of renting both long term and vacation rentals I have encountered some issues that required use of lawyers and assistance from the Aruba Rent Commission. Based on my experience I will say that in issues like this the use of a paralegal is pointless. A good lawyer (and there are only a few on the island) should be able to get this matter in front of the Court of First Instance within a couple of weeks. The court could order an eviction notice or issue a notice of removal which could be enforced by the police or a bailiff.

    Unfortunately the law does favor a renter, though in this case since there is no rent paid or requested, then the judge may take a firm stand in favor of the owner. I should mention that during a recent eviction we needed to perform we were strongly advised not to turn off the water or electricity at the utility company. I am not sure what the opinion would be if it is locked off by the owner at the street. In Aruba all water connections to residences can be locked off by owners.

    I am sure this matter can be solved but will require a strong lawyer knowledgeable in real estate law. There are specific references in law that apply to squatters and squatters rights.

    In this case it sounds on the surface that those rights do not apply.
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