CERTAIN ASPECTS OF LEASE AGREEMENTS UNDER THE LAWS OF THE DUTCH CARIBBEAN
Watch your lessee
A lessee may not continue occupancy after the term of the lease has expired. However, Netherlands Antilles Law prescribes that in the event a lessee continues occupancy after the term of a (written) lease agreement has expired, the parties are deemed to have entered into a new lease agreement on the basis of an oral agreement. In order to avoid any possible dispute that might arise upon such extension, it is therefore advisable to either send a written termination notice or, alternatively – if it is the intention of the parties to continue the lease – to enter into a new written lease agreement.
Lease agreements usually contain provisions to the effect that the lessee shall have the right to make alterations to the leased premises and that all additions and improvements (exclusive of structural additions) made by lessee which are susceptible of being removed, may be removed by lessee at any time. According to Netherlands Antilles law, any structural part of a building which is (sustainably) attached to the building and as such – taking into account the purpose of the building – cannot be removed, becomes property of the owner of the building by operation of law.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
