Publication date: 18 March 2019
A 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?
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.
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.
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? Please contact us:
On 9 February 2016, the Lower House of the Parliament has adopted the bill on rental market flexibility. A key element of the new Act is that more temporary housing rentals will be available, for instance to expats. In addition, there will be new measures against high-income earners who live in low-rent properties. So what does that mean for you?read on
Quarantine, redundancies and double shifts in the health care sector make it hard to find time or money for a new home or new tenants. Therefore, temporary leases can be extended for a limited period of time. Under what conditions?read on
In this article, we will discuss several questions and challenges in the field of Dutch employment law, tenancy law and contract law during COVID-19.read on
If your employee reports sick, this may raise many difficult questions. What are your reintegration obligations during the sick leave period? What are you allowed to record about your sick employee with regard to the privacy legislation? We answered these and other questions during a webinar. Watch the video!read on
Is there already a works council in your company? Are you a member of your company’s works council? What are the advantages of having a works council in your company? Jan Dop and Priscilla C.X. de Leede explain the role of the works council and give an overview of the works council’s most important rights.read on