If you’re leasing land in Dein, Gato, Kanga, Monteverde, Seru Pretu (near Wishi), Souax East, Souax West, or Wishi, this page offers guidance on transferring your lease rights (overdracht van huurdersrechten). To transfer leasing rights, you must meet certain conditions. Authorization for transfer is granted only when these conditions are met.
Transfer in 4 Easy Steps!
Step 1
Fill in the form
Download Form 1522 from our website and complete it in full. If you need assistance, feel free to visit our office at Van Eyck van Voorthuyzenweg 18.
Step 2
Gather documents
Along with the completed form, please include (I) a valid government-issued ID (sedula, driver’s license, or passport). The buyer/receiver must download and fill in (II) Form 8225, and send us the completed form along with (III) a valid government-issued ID. Additional documents, such as a valuation report, may be requested.
Valid ID
A valid (local) ID, driver's license or passport is required.
Transfer form
Download and complete Form 1522 to begin the transfer process.
Registration form
Buyer or receiver must download and complete Form 8225.
Step 3
Pay rent and costs
All overdue rent must be settled, and the current year’s rent must be paid in full. Additionally, a non-refundable transfer fee is required before you can schedule an appointment to transfer your lease rights. For more details on rent arrears and current transfer fees, please contact our office.
Rent paid
All overdue rent must be settled, including the current year.
Transfer costs
Transfer costs must be paid prior to making an appointment.
Proof of payment
Provide proof of payment of the rent and the transfer costs.
Step 4
Make an appointment
Once you have complied with the specified requirements, please get in touch with us to schedule an appointment with one of our attorneys to formalize the transfer agreements.
Form 1522: this form is required in the process to transfer lease rights.
Frequently Asked Questions
Topic A
Sale of property
Q: Is transferring leasing rights the same as selling the property?
A: No, transferring leasing rights is not equivalent to selling the property. The land itself remains the exclusive property of the landowner, while only the leasing rights and the value are transferred.
Q: What exactly is transferred during the leasing rights transfer?
A: The transfer involves the valuable leasing rights and the economic value of the property. This allows the new lessee to occupy and use the land in accordance with the existing lease agreement, without altering the landowner’s ownership.
Topic B
Prior approval
Q: Can I transfer my leasing rights without permission?
A: No. According to Article 7:221 of the Civil Code of Curaçao, lessees must obtain permission from the landowner before transferring leasing rights to a third party.
Q: Why is the approval process important?
A: The approval process ensures that any transfer is carried out in accordance with the law, safeguarding the legal validity of the agreement and protecting the interests of all parties involved in the lease.
Q: Are transfer agreements prepared by others valid without our approval?
A: No, any transfer agreement prepared by another party holds no legal validity without prior approval from our office, which acts as the attorney for the landowners.
QUESTIONS?
Call our office now at
+599 (9) 461-4442
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