Netherlands Antilles: Landlord and Tenant

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Last Updated: Jun 13, 2006

Netherlands Antilles' law is pro-tenant in practice

The law in the Netherlands Antilles is PRO-TENANT, because although rents are freely negotiated, it is difficult to evict tenants.

Rents: Can landlord and tenant freely agree rents in Netherlands Antilles?

Rents are freely negotiated. As with most Caribbean markets, there are two segments, the foreign market for vacationers, tourists and expatriates, and the local market. There is no rent control in either market.

Deposits

For long term leases (1 year or more), a deposit of one to two months’ rent is normally obtained from the tenant prior to occupancy. For short-term rentals (1 week to less than a year), deposits are usually 30% to 50% of the entire rent.

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

Rental agreements in Netherlands Antilles usually cover one year (this is considered a long lease), with automatic renewal after the first year. You should require the tenant to confirm the renewal two months before the expiration of the agreement.

How effective is the Netherlands Antilles legal system?

Even if there are broad provisions on landlord and tenant relations, they are not commonly followed. Landlords and their lawyers do not know the law. This causes some difficulty in terms of settling disputes. Non-payment of rent and disregarding the terms of agreement are, under the law, grounds for eviction. But eviction can be a problem when dealing with local tenants; it takes a long time for them to vacate the property. Landlords typically use intimidation to evict tenants and recover arrears.

EVICTION FOR NON-PAYMENT OF RENT
Duration until completion of service of process	15
Duration of trial	70
Duration of enforcement	20
Total Days to Evict Tenant	105
Courts: The Lex Mundi Project

Legislation

There is no specific law dealing with landlord and tenant relations.

Netherlands Antilles - more data and information

How high are estate duties in Netherlands Antilles?

Your Comments

posted by Shawn L | 0000-00-00

Sales, FL

I read this article and hope that I can get some direction. My parents rented their business to a tenant 5yrs ago which ended 03/07. The lease gives the tenant first right of refusal to rent but my parents decided to sell the property. On 10/06 my parents gave the tenant notice that the will be selling the property and will not be renewing the lease. They gave the tenant the option to do a month to month with an increase until the sale of the property in a few months. It's been 11 months since my parents gave the tenant the notice and the tenants have not left. The tenants refused to pay rent after their lease ended in march for over 3 months. The tenants have also refused to pay the rent increase. My parents have lost several buyers for the property and the lawyer that they've hired has not done anything. This is all taking place in St.Maarten Netherlands Antilles. If there is some advice as to what we need to do please advise.