THE TERMINATION OF A LONG LEASE UNDER THE LAWS OF THE NETHERLANDS ANTILLES

Default could be a ground for early termination

Under Netherlands Antilles law of long lease, a right of long lease (10 years or longer) is forfeit by decision of the court. However, a long lease deed may provide for unilateral termination upon a default in the payment of long lease installments.

Even if the long lease is subject to termination without a court decision, the validity of a termination notice would be dependent on the grounds for such termination.

A termination notice sent without there being an actual sufficient default would be without effect, regardless of whether it is immediately contested in court.

Karel Frielink
Attorney (lawyer) / Partner

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