TRANSFER OF RIGHTS

TRANSFER OF RIGHTS

All lease transfers (overdracht huurdersrechten) within Dein, Gato, Kanga, Monteverde, Wishi or Souax (huurgrond) must be approved by our office. Tenants commonly describe the transfer of rights as the “sale of the property”. The reality is that the property cannot be sold since it belongs to the landowner. The leasing rights are transferred and the economic value of the property is sold to the new tenant.

How can I transfer my rights?

The transfer agreement must be drawn up by our office. Pursuant to Article 7:221 of the Civil Code of Curaçao, the lessee is not allowed to transfer his lease rights to a third party without the permission of the landowner (who is also the owner of the buildings that are permanently attached to the land). The transfer may take place by way of a private contract as provided for in Article 6:159 of the Civil Code. A transfer agreement made by another person or office will have no value because the required permission has not been granted by the landowner or their representatives.

What are the requirements?

Authorization to transfer leasing rights is granted only if a number of conditions are fulfilled. Afterwards, an appointment may be made with one of our attorneys to sign the transfer agreements. Please use form 1522 in advance of your appointment. Transfer of rights requirements include:

Identification

Both parties must provide valid identification such as a local ID, driver's license or passport.

Active registratrion

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.

How do I make an appointment?

Once you are sure you have fulfilled all the requirements, you may get in touch with us to make an appointment by calling our office at +599 (9) 461-4442 or visiting our contact page.

Form 1522: this form must be completed when transfering rights to a new tenant.

IMPORTANT NOTICE: the land and everything that is permanently attached to the land is private property and may not be sold or otherwise encumbered without the prior consent of the landowner. Transfer of lease rights may not occur without the prior consent of the landowner. The land may not be used for commercial or industrial purposes without the prior consent of the landowner. Terms of Lease apply.