Dear Editor,
I would like to bring this matter to the attention of my fellow St. Maarteners and fellow homeowners.
Due to my economical situation which has affected both my social and emotional wellbeing I decided to split my home and rent it. Apparently there is no law here on St. Maarten which up until now prevents you from doing that.
In 2017 there was a couple that was looking for a place. This was brought to my attention and I discussed going into a rental agreement with them. What I did not know was that if I wanted to end the rental agreement and get my same amount of living space back that it could cost me thousands.
I could follow the procedures put in place by Government stated in a “Huur Verordening 2014” and be ordered to pay thousands to the tenants if the tenants refuse to leave and although I got permission from the Rent Tribunal which according to the judge was voided and my request to end the rental agreement was denied because the tenants have a limited amount of income and are not able to find another affordable apartment.
There are apartments advertised in the newspaper regularly for the rent that they are paying. They might not be able to find a large two bedrooms, two bathrooms apartment with a tub for less than $600 but that is not my fault.
My problem is, why should I have to be confined with my family or guest in a two bedrooms one bathroom section of my house when I have more space than I need and want? As the judge mentioned in her ruling which I will put exactly as stated, “het probleem van die krapte een kwestie is die – hoe nobel ook – verhuurster zelf in het level heeft geroepen.”
I honestly think that it is against my human rights to tell me how much of my own space that I can or should use! I never told anyone that I was renting them my place forever. I have read this law “Huurveroredening 2014” over and over and have concluded on multiple occasions that it needs to be amended!
There is nothing mentioned about the emotional needs of the landlords so respect is left up to the tenants if they feel the need to show or have that. There have been multiple occasions of emotional abuse and disrespect but no judge finds that enough to end the rental agreement.
My question is what is the real objective behind the “Huurverordening 2014”? I really would like an answer to this question and many others about this law which leaves much to be desired.
I asked the tenants for a copy of a valid ID and came to find out that one is undocumented here and not even registered at the Census Office but has more rights to live in my house than me or my family, has a serious heart condition yet drives back and forth on and off of my property and on the public road yet refuses to show me proof of a valid driver’s license or insurance.
I need my place and I am not going to throw my belongings away or put my children or guest on the floor because anybody states that these people cannot find an affordable place anywhere else.
According to my understanding of the verdict, an elderly couple shouldn’t have to downsize and move out of my apartment so in other words me and my family of multiple people should make do with a 2 bedrooms 1 bathroom back part of my house and sleep on the floor if necessary and dispose of all furniture both here and abroad which would cost me so much economically.
I consider this confinement! I oppose to this!
When these verdicts are given, no one cares where the money is coming from but because I would like to end a rental agreement and go to court, first I am ordered to pay the tenants’ legal fees within 14 days because I didn’t follow the right procedure which is going to the Rent Tribunal and when I go to the Rent Tribunal and I get a decision allowing me to end a rental agreement, because the tenants disagree with the decision of the Rent Tribunal and take that decision to court and the judge decides to void the Rent Tribunal’s decision and deny my request to end a rental agreement with an elderly couple which includes a person who is living here unregistered and, according to her, cannot find an affordable apartment elsewhere, I am again ordered to pay the tenant’s legal fees which are thousands.
Although this is definitely not all that I have to say about this, I will save the rest for later!
Here I cry shame!
What is the objective of the “Huurverorderning 2014”?
Name withheld
