Tuesday, May 17

SINT MAARTEN: Dispute between a tenant and the owner of an apartment – Faxinfo

The case was recently examined by the court of Sint Maarten.

At the beginning of September 2020, the owner of an apartment informs his tenant by WhatsApp that he wishes to end the lease as of November 30. The tenant accepts the agreement.

Mid-November, the tenant requests a reprieve. The owner refuses on the grounds that he has already found another tenant, however he will authorize him to leave some belongings for a fortnight in December. On November 30, the owner, accompanied by police, went to said apartment and evacuated the tenant’s belongings himself. Legal proceedings then began, the tenant accusing his landlord of having entered the accommodation without his agreement and of having damaged his belongings. The tenant is asking for $15,000 for the damages suffered; the owner $1,700 for repairs to restore the premises.

The court indicates that if the lessor wanted to evict the tenant, he should have initiated such a procedure against him and not went himself to empty the premises. For the court, this is indeed an illegal act. However, he considers that the tenant has not suffered any damage (moral or material), at least that he does not provide proof.

As for the owner’s request for compensation, it was also rejected by the court for lack of supporting documents.


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