THE HAGUE – The Advocate General (AG) at the Supreme Court of the Netherlands has advised overturning a ruling by the Joint Court of Justice concerning rent arrears involving tenants of Fundashon Kas Popular (FKP). The AG recommends that the case be referred back to the Joint Court for a new assessment, according to the advisory opinion issued this week.
The AG’s conclusion focuses on the legal question of whether the Joint Court properly handled tenants’ rent debts. According to the AG, the court failed to sufficiently explain how the statute of limitations for individual claims — known as the limitation defense — should be applied in this case. The AG stated that this is a crucial element of tenants’ legal protection and requires closer examination by the court.
The case concerns substantial rent arrears among tenants living in FKP-managed housing on Curaçao. In an earlier appeal ruling, the Joint Court determined that tenants with significant arrears were required to meet strict conditions before debts could be written off. These conditions included making additional repayment arrangements and granting authorization for debt collection.
The Advocate General now advises the Supreme Court of the Netherlands to annul that ruling and send the case back to the Joint Court. As a result, the appeal court’s judgment is not yet final. The AG’s opinion is advisory and not binding; the Supreme Court may choose to follow it, reject it, or reach a different conclusion.
The ruling under review is one of many cases related to rent arrears at FKP. The housing foundation manages thousands of social housing units on Curaçao and faces widespread non-payment issues among tenants.
It is not yet known when the Supreme Court will issue its decision. The outcome could have far-reaching implications for similar FKP cases in which tenants are being held accountable for overdue rent.