WILLEMSTAD - The Otrobanda community center must close its doors and settle the rent due to the FKP housing foundation, retroactively from 2018. This is the outcome of the judgment pronounced yesterday by Judge Kimberley Lasten.
In court, the Otrobanda Community Center, SBO, invoked the statute of limitations on a portion of the rent arrears, as the FKP's claim extends over a period of more than 23 years.
The court ruled that SBO's statute of limitations plea is successful with respect to the rent arrears up to February 2018, as claims for rent payment become time-barred after five years. This meant that SBO avoided a claim of 770,000 guilders, the rent arrears accumulated over 23 years.
Otrobanda
SBO was established in 1992 with the aim of promoting the general, mental, social, and physical development of the Curaçao population, especially in the Otrobanda neighborhood and its surroundings. Since September 1992, SBO had been leasing the property at Sint Martinsteeg 1 from FKP, a foundation founded by the government for managing social housing on Curaçao.
The lease agreement between SBO and FKP, initially entered into for a duration of five years, had been silently extended for two years each time. The monthly rent amounts to NAf 2,800, but SBO never paid this rent. This led to FKP issuing several payment reminders and notices of default.
SBO argued that it had not paid rent for the period from February 2018 to February 2023 because it serves a non-profit purpose and receives no subsidies.
However, the FKP housing foundation claimed that SBO is obligated to pay rent based on the lease agreement between the two parties. The court ruled that, as per the lease agreement, SBO is indeed liable for rent to FKP, and it is not unreasonable for FKP to seek payment for the rent arrears.
Eviction
Regarding the requested termination and eviction, the court considered eviction to be a significant measure. Still, a rent arrear exceeding five years justifies the termination of the lease agreement and eviction.
Therefore, the court has granted FKP's claims. SBO has been given a six-month period to vacate the premises and is also ordered to strictly adhere to the ongoing rent obligations until the date they leave the rented space.
If the verdict is fully enforced, SBO must vacate the Otrobanda property and does not have an alternative location for the community center. This would result in SBO discontinuing its activities, causing more than 100 children, young people, and the elderly who use SBO's facilities daily and weekly to lose access to these amenities.
Government
SBO is one of the most active community centers fulfilling its social role, offering various activities for children and adults from 8 in the morning until 10 at night. It is important to emphasize that community centers take on part of the government's work for the residents of Curaçao.
For this reason, SBO urges the Curaçao government to take the situation seriously and address the matter so that SBO can continue its activities.
SBO claims to be the only community center in Curaçao facing this situation, as all other community centers are located in government-owned buildings and do not have to pay rent. Sentro di Bario Otrobanda is willing to engage in discussions with the Curaçao government.
