A Contractual Escape Hatch
The diplomatenclausule (literally 'diplomat's clause', but more broadly an expatriate clause) is a specific type of clause that can be included in a temporary rental agreement to provide an early exit option under specific, work-related circumstances. It is a powerful tool that acknowledges the often-unpredictable nature of international employment. Despite its name, its use is not limited to diplomats; any tenant or landlord in a situation involving temporary foreign assignment can potentially use it. The clause can be written to benefit either the landlord or the tenant, and it's critical to understand from which perspective it is being applied.
The Clause for the Landlord (Landlord's Diplomat's Clause)
This is the most common form. It is used by a landlord who is temporarily moving abroad for work and is renting out their own home in the interim. The clause gives the landlord the right to terminate the rental contract before the agreed-upon end date if they need to return to the Netherlands to re-occupy their home. This is one of the few legally recognized grounds for a landlord to break a fixed-term lease. The landlord must provide a valid reason (e.g., their foreign assignment ending) and adhere to a strict notice period, typically at least three months. For the tenant, this introduces a significant element of uncertainty, as the lease could end much earlier than anticipated.
The Clause for the Tenant (Tenant's Diplomat's Clause)
An expatriate tenant who is moving to the Netherlands for a work assignment can negotiate to have this clause included for their benefit. This version of the clause grants the tenant the right to terminate the lease early if their employer transfers them to another city or country. This provides crucial flexibility for tenants whose job location is not guaranteed for the full lease term. To invoke the clause, the tenant must provide proof of the transfer from their employer and respect the contractually agreed-upon notice period (usually one to two months). Landlords, especially private ones, may be hesitant to agree to this clause as it reduces their security of rental income, making it a key point of negotiation before the lease is signed.
