Diplomat clause

Russell Advocaten B.V.
Amsterdam, Netherlands

Why is it wise for a landlord to include a diplomat clause in a temporary rental agreement and what is the content of this clause?

A diplomat clause, also known as eviction clause, can be included in a rental agreement for residential accommodation. What should the landlord pay attention to?

An owner or tenant can temporarily rent out his property during his absence abroad, until his return to the property. This is also known as intermediate letting or subletting. A tenant must first have permission from the landlord for subletting.

An (interim) fixed-term rental agreement is then concluded, in which it is laid down via the diplomat clause that the property must be vacated after the agreed period has expired. The diplomat clause therefore provides the landlord with an additional ground for termination. A landlord may enter into multiple intermediate rents in succession and landlord and tenant may mutually agree that the originally agreed fixed period can be extended, for example if the landlord stays abroad longer.

The landlord must terminate the rental agreement at the end of the agreed term (and not before that). The temporary rental agreement does not end automatically. However, in order for the landlord to actually return to the property, the tenant must agree to the termination. Otherwise, the landlord must ask the court for permission (demand termination of the rent and eviction of the house). Such a procedure can take a long time.

Temporary rental agreement

An alternative to the diplomat clause is temporary rental for a fixed period of up to two years. Unlike the diplomat clause, this rental agreement cannot be renewed. The lease does not have to be terminated but the landlord must inform the tenant in writing of the end date of the rental in good time. This is no later than 3 but no less than 1 month before the end of the rental period. Too early or too late notification has serious consequences, namely indefinite extension and full rent protection.

Our tips

If you intend to go abroad temporarily, get legal advice on which of the two rental options is best suited to your situation.
If you have included a diplomat clause, don’t forget to terminate the rental agreement in good time as it does not end automatically.
If you have concluded a rental agreement for up to two years, you must inform the tenant of the end date no later than 3 but no less than 1 month before the end of the rental period.

More information?

Would you like to learn more about the diplomat clause and temporary rent of up to 2 years? Do you want us to draft a diplomat clause or rental agreement for you? Or do you have any other questions concerning rent law?