Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55A diplomat clause provides extra security for landlords. The clause allows landlords who temporarily go abroad to enforce termination of the lease and eviction of the property, so that they can return to their property themselves.
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?
A andlord can temporarily rent out his property during his absence abroad, until his return to the property. This is also known as intermediate letting.
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.
Until 1 July 2024, an alternative to the diplomat clause is temporary rental for a fixed period of up to two years. However, this option is to lapse.
From 1 July 2024, it will become possible to include a variant on the diplomat clause in a lease: the cohabitation clause. This clause is specifically designed for homeowners who are moving in together for the first time and want to temporarily rent out their former home because they do not want or cannot sell it immediately. They can agree in this clause that the tenant must leave the property if the landlord wants to sell it.
Landlords can invoke the clause if they:
The cohabitation clause only governs that a house can be sold empty if cohabitation turns out to be a success. To also regulate the situation that cohabitation unexpectedly turns out not to be lasting, you can use a diplomat clause.
Would you like to learn more about the diplomat clause or the cohabitation clause? Do you want us to draft a diplomat clause or rental agreement for you? Or do you have any other questions concerning rent law? Please contact us:
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