Rent Tribunal Bonaire

A rent tribunal was founded on Bonaire in order to avoid unreasonable rental prices of houses. The main task of the rent tribunal is to set prices of rents for houses, apartments, and business premises on Bonaire. The rent tribunal also has the task to intermediate in conflicts between renters and landlords. The rent tribunal consists of representatives who look after the interests of the renters as well as those of the landlords. The term “house” is intended to mean each building or piece of building that can be rented out.

Houses and premises for which the rental tribunal does not decide upon:

The rent tribunal establishes the prices of all houses with a real construction value of at least NAf. 100,000. Landlords who possess a house of a construction value of more than NAf. 100,000 can set their own rental price. The rent tribunal determines if the real construction value of these houses amounts to more than NAf. 100,000. For shop premises, apartments, etc. it is taken into consideration as to whether the individual value of the rented part of the premises has a real construction value of more than NAf. 100,000. Then, a disposition will be made by the rent tribunal stating that the construction value and property value of the house or of the rented part of the premises amounts to more than NAf. 100,000 and thus, that the rental price of the house can be decided by the landlord himself. For all other issues concerning rent, renters of houses, and premises of a construction value of more than NAf. 100,000, these also fall under the regulations of the rent tribunal. This means that for all other issues concerning rent, one is compelled to approach the rent tribunal.

Establishing prices of rents:

If one wants to rent out a house, apartment, business premise, or ground on Bonaire, one has to ask the rent tribunal to establish the rental price. In principle, it is forbidden to rent out a house, apartment, business premise, or ground on Bonaire without the rent tribunal having established the rental price beforehand. This can take place upon request from the renter or the landlord or by virtue of one’s office. “By virtue of one’s office” means that the rent tribunal can also establish a rental price without prior request of the parties concerned. The rent tribunal will determine the rental price on the basis of the real construction value and ground value of the house, apartment, business premise, etc. The rental price stated depends on the real foundation costs of the house (real construction value) and not on the assessed appraisal value or market value. In the case houses are being rented out furnished, the rental price of the furniture should also be established by the rent tribunal. Rental prices of furniture are calculated separately. A furniture list should be made with the existing furniture. The list should be approved and signed by both parties. When the rent tribunal has established the rental price, a copy of the disposition will be sent to both parties and to the tax office.

When should the rent tribunal be approached?

A landlord is compelled to inform the rent tribunal regarding the rent of a house in any circumstance, even if the landlord has a clear rental agreement. The most common cases are:

1. When the house is being rented for the first time.
2. When a higher rental price is asked for a house that is already being rented out.
3. When a rental agreement is being terminated.
4. When the landlord needs the intermediation of the rent tribunal in a case.

Renters can also approach the rent tribunal. This mainly takes place:

1. When the renter wants the rental price to be established.
2. When the renter wants to cancel the rental agreement.
3. When the renter does not approve an increase of the rent.
4. When the renter does not agree with the termination of a rental agreement.
5. When the renter needs the intermediation of the rent tribunal in the case of a conflict.

Petitions and claims:

All petitions and claims should be done in writing to the rent tribunal. The name of the landlord or renter, the address of the rented house or house for rent and the reason why the rent tribunal is being approached need to be mentioned. The letter should provide a date and signature. The petition or claim needs to be sent to DEZA to the attention of the rent tribunal.

The handling of a petition:

The rent tribunal shall open an inquiry with the renter as the landlord over the petition and invite both parties for a meeting. During the meeting one has the right to be represented by an advisor, which may be done through an authorization. Then, the rent tribunal will handle the case thoroughly. Decisions are signed and sent to both parties. In the case a party does not agree with a decision, he can lodge an appeal with the cantonal court within 14 days. The rent tribunal provides all the necessary information to handle the case to the cantonal judge.

Rights and claims of the landlord:

The rights of the landlord are derived from the rental agreement, which looks after the interests of the renter as well as those of the landlord. Besides the fact that the rent tribunal sets the price of a rent, one can still negotiate:
1. The termination
2. The payment of a rent
3. The duration of a rental agreement (for an indefinite period of time)
4. The maintenance of a house, etc.

The above-mentioned issues should be handled according to the law in order to be legally valid. In the case where a landlord has not yet informed the rent tribunal about the rental of his house, the rent tribunal advises still to do so.

Rights and claims of the renter:

A renter cannot be put on the street without any warning. In case the landlord wants to break a rental agreement, he needs to request it first to the rent tribunal in writing. Both parties are heard at a meeting and the rent tribunal takes a decision on the termination. In case the landlord wants to sell the rented house, the rental agreement stays valid. A sale does not break a rental agreement. A renter may not sublease a house without prior consent of the landlord. The rights of the renter are derived from the monthly payment of the rent and from the rental agreement. Arrears of rent are always to the disadvantage of the renter. When a rental agreement is terminated, the house must be left in the same condition as at the beginning of the rental contract. In case the rented house is furnished, whether or not the furniture is left in good condition will be taken into consideration.

For more information about the rights and claims of the renter and/of landlord one can always contact the rent tribunal at DEZA.