If you are leasing land in Dein, Gato, Kanga, Monteverde, Seru Pretu (near Wishi), Souax East, Souax West, or Wishi, this page will provide guidance on how to transfer your lease rights (overdracht van huurdersrechten).
On this page:
> Transfer of rights
> Sale of property
> Prior approval
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> Resources
More information:
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Transfer of rights
To begin the transfer of leasing rights, you must meet certain conditions set by our office. Authorization for this transfer is granted only when these conditions are satisfactorily met
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. We kindly request that you complete and submit form 1522 ahead of your appointment to expedite the process.
Form 1522: this form is required in the process to transfer lease rights.
Identification
Both parties must provide valid identification such as a local ID, driver's license or passport.
Active registration
The transferor must have an active registration with our office prior to starting the transfering process.
Registration form
The transferee must fully fill out a registration form and provide relevant AML & KYC information.
Rent paid
There must not be any overdue rent. Additionally the rent of the current year must be paid in full.
Transfer form
The transfer form (form 1522) must be fully filled out and accepted by one of our employees.
Transfer costs
A non-refundable transfer fee must be paid prior to making an appointment to transfer the rights.
Sale of property
It’s important to clarify that the process of transferring leasing rights should not be conflated with the sale of the property itself. Although they may seem similar, it’s crucial to recognize that the property continues to belong to the landowner. What is actually being transferred are the valuable leasing rights, which encompass the economic value of the property, to the new lessee. This transfer of rights ensures that the lessee can occupy and utilize the land in accordance with their lease agreement.
Prior approval
According to Article 7:221 of the Civil Code of Curaçao, lessees are not allowed to independently transfer leasing rights to a third party without obtaining permission from the landowner. This approval process is crucial to ensure that the transfer is carried out in accordance with the law and is legally valid. Without approval from our office, acting as the attorneys of the landowners, any transfer agreement prepared by another party holds no legal validity. The approval process is in place to safeguard the interests of all parties involved in the lease agreement.
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