Diplomatenclausule
diplomatic clause
The diplomat clause is a provision in a lease agreement that grants the landlord the right to terminate the tenancy early if the landlord requires the property for his own use upon returning from abroad.
The diplomatic clause is a specific provision in a tenancy agreement, commonly included where the property is let by diplomats, civil servants or expatriates who are temporarily posted abroad. The clause enables the landlord to terminate the tenancy upon returning to the Netherlands after the posting, notwithstanding that the agreement has been concluded for an indefinite term.
Under Dutch tenancy law, the clause constitutes a departure from the strict statutory protection afforded to tenants against termination. In the absence of such a provision, a landlord is generally unable to recover possession of the property at will. The clause therefore serves as a practical mechanism for letting the property on a temporary basis without permanently relinquishing ownership rights.
In practice, the clause is frequently incorporated in agreements concluded by private individuals relocating abroad for a number of years. The tenant agrees that the landlord may reclaim the property on return, subject to observance of the applicable notice period.
“Because the contract contained a diplomatic clause, the landlord was entitled to terminate the tenancy after three years upon his return from his posting in Brussels.”
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