Did You Know?
- Legal rules, laws, and policies regarding housing and tenant rights apply without distinction, regardless of immigration status.
It doesn’t matter if you have an irregular immigration status, an asylum application, or if you overstayed your tourist visa: the law governing lease contracts applies regardless of your immigration status. This means that you have legal rights that landlords cannot easily ignore. It also means that you have legal obligations to fulfill.
- In most cases, the landlord cannot evict you without the Tenant Committee’s permission.
a. In most cases, before the landlord can evict you, they must submit a request to the Tenant Committee to receive approval for the eviction.
b. Both you and the landlord must attend a hearing before the Committee decides on the legality of the eviction.
c. On average, a tenant must have at least three months of overdue rent before the Committee approves an eviction.
d. Paying small amounts of rent each month is better than paying nothing: paying small amounts demonstrates that you are willing to find a solution and reduces the risk that the Committee will approve the eviction.
- You can appeal a negative decision from the Committee in court.
You must file the appeal within six weeks of the Committee’s decision.
- You don’t need to have a formal written lease to exercise your legal rights.
a. In principle, it doesn’t matter if you have a verbal or written lease. Both verbal and written agreements are legally valid.
b. It can sometimes be challenging to prove a verbal agreement, especially if the landlord denies its existence. However, if you can show that you paid rent or have WhatsApp messages that demonstrate your relationship with the landlord, this may be enough to prove a verbal lease agreement between you and the landlord.
Other Rights & Obligations
- The landlord is obligated to maintain the rented property in a condition suitable for its intended purpose. The property must be habitable. If, due to maintenance issues, the property becomes uninhabitable or disrupts your peaceful living, you are allowed to unilaterally reduce the rent. Before you can reduce the rent, you must follow the legal requirements:
a. Write a notice of non-compliance to the landlord;
b. Allow the landlord a reasonable amount of time to repair and maintain the property. The reasonable time depends on specific facts and circumstances. For example, a door can be repaired in 7 days, whereas a new roof may take up to 60 days.
c. Inform the landlord that you will unilaterally reduce the rent after the given timeframe.
- While you live in the property, the landlord cannot enter the property without your approval. Even for repairs, whether done by the landlord or an external party, you and the landlord must agree on a date and time for the landlord to access the property.
- As a tenant, you have two main obligations:
a. Use the rented property as a good tenant and in accordance with the purpose of the lease.
b. Pay the rent. However, if you are unable to pay the full amount due to temporary circumstances, the landlord does not have the right to evict you without considering the law.
Do You Have Any Questions?
If you need detailed information about housing and tenant rights:
a. You can contact UNHCR Aruba/Curaçao through their helpline at +297 732 0006 or via email at
[email protected].
b. You can also contact the Tenant Committee in Aruba, which can provide general information on tenant and landlord rights and obligations. The Committee is located at Wayaca 33, and you can reach them at +297 582-9914.
Download Tenant Rights Manual*
