In the Netherlands Antilles, the legislation is PRO-TENANT because tenants are hard to remove when rents are negotiated freely. adhunters
Rents: Can landlord and tenant agree to rents freely in the Netherlands?
Holiday villa in the Netherlands Antilles
Rents are freely negotiated. As with other Caribbean markets, there are two sectors of the international tourism, tourism and expatriate market and the local market. There is no rental control in either market.
Deposits
The rental deposit is typically received from the tenant prior to occupation for long term leases (1 or more years). Deposits often range from 30 to 50% of rent in short term rentals (1 week to less than one year).
What rights have landlords and renters, in particular with respect to contract term and expulsion in the Netherlands?
Rental agreements generally span one year in the Netherlands Antilles and renewed automatically after the first year. This is regarded as a long lease. Two months before the agreement expires, you should request the renter to confirm the renewal.
How effective is the Netherlands Antilles judicial system?
Although there are extensive regulations governing the relationship between landlords and renters, they are not always respected. Landlords and their attorneys do not know the law. Disputes are therefore difficult to resolve. The failure to rent and the non-compliance with the conditions of the agreement are reasons for expulsion pursuant to law. But eviction may be an issue for local residents, they must leave the land for a lengthy period. Property owners generally employ bullying to evict and recoup debts for occupants.
Non-payment RENT EVICTION
Duration till completion of procedure service 15
Duration of trial 70
Duration of enforcement 20
105 Total Evict Living Days
Courts: Lex Mundi Project
Legislation
There is no particular law governing landlords' and renters' interactions.
INHERITANCE TAX
INHERITANCE TAX
Heritage (Successierecht) and Schenkingsrecht (Gift Schenkingsrecht) taxes on the heritage of each heir if the donor is the resident of the Netherlands Antillas. The tax base is the net worth of each recipient's share in the estate after deducting debt, heritage and burial expenses.
The following are free of legacy and gift tax:
Property where tax was paid in the Netherlands or the Antilles
ANG500 offers to ANG100 family members (US$279) and ANG100 to all other recipients (US$56).
Treasury and donation taxes are progressively applied, based on the degree of link between the donor and the heir:
INHERITANCE TAXES AND GIFT
Gift Relationship
TAX RATE
Spouse and children
2 to 6 percent
Parents
3 to 9 percent
Siblings
4 to 12 percent
Others
Eight to 24 percent
Source: Global Property Guide
The inheritance tax may be lowered by the following allowances:
ANG12,000 (USD 6,708) surviving spouse
ANGG4.000 for direct descendant relatives (US$2,236)
ANG400 (US$224) is available for all other recipients.
The gift tax can be lowered by the following allowances:
ANG1,000 (US$559) for the related direct offspring
ANG400 (US$224) can be used just once for all the other recipients, however this sum is not eligible for further gifts when the entire allocation is spent.
TAX Specific PROPERTY TRANSFER
Heirs that inherit Antilles property are subject to a non-special resident's property transfer tax. This tax is charged at a fixed rate of 8 percent on the property.