In a recent decision (HR 18 juli 2025, ECLI:NL:HR:2025:1170), the Dutch Supreme Court clarified a key concept in Aruban lease law: the meaning of “ruimtelijke verbondenheid” (spatial connection) under Article 7:274(2) of the Aruban Civil Code.
The case involved restaurants located along Aruba’s Palm Beach Strip, directly opposite the island’s luxury high-rise hotels. The landlord sought to terminate the leases without Rent Commission approval, invoking the legal exception for properties situated in or spatially connected to a hotel.
The tenant objected, arguing that there was no direct physical connection to a hotel building. However, the Court rejected a narrow interpretation.
The Supreme Court held:
• A physical link is not necessary.
• What matters is whether the property is functionally and economically integrated with the hotel environment.
• The Palm Beach Strip forms a well-known commercial zone closely intertwined with hotel activity, catering primarily to tourists.
• The restaurants were therefore sufficiently “spatially connected” to fall under the exception in Article 7:274(2) BWA.
Why this matters:
• The ruling confirms that businesses in tourism-driven areas may fall outside lease protection rules requiring prior Rent Commission approval.
• Courts will consider local context, tourist focus, and economic alignment, not just geography.
• This provides clarity for investors, developers, and landlords operating in Aruba’s hotel zones.
Key takeaway: in Aruban lease law, context over concrete. Spatial connection includes how a business fits within the hotel ecosystem, not just whether it shares a wall.
Photo: Lex Meloney on Unsplash
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