Away for an extended period of time and want to rent out your home? Use the Diplomat Clause

If you are temporarily not living in your house and want to rent it out, you can use the Diplomat Clause. This contract gives extra security to both landlord and tenant. Read more about it in this blog.

In some situations, you may not be present in your own home for an extended period of time. For example, if you are abroad for work, study, or an internship, or if you are taking a long trip. You feel it's a waste if your home sits empty during this period, but you also want the assurance that you can move back into your home upon your return. For these situations, a subletting contract exists, also known as the diplomat clause. In this blog, we will tell you more about it.

How does the diplomat clause work?

Especially now that temporary rental contracts have been restricted by the Fixed-Term Leases Act since July 1, 2024, the diplomat clause can offer a solution. A subletting contract (the diplomat clause) provides extra security for the landlord that they can return to their dwelling.

Who is the diplomat clause for?

Contrary to what the name suggests, the diplomat clause is not only usable by diplomats. Originally, this type of contract was commonly used by diplomats and expats, but if you are going abroad for other reasons, such as an internship or vacation, you can use this type of contract as well.

Conditions for using the diplomat clause are that you must have lived in the dwelling yourself and that you must reside elsewhere during the rental period. This can also be within the Netherlands.

Termination during rental period not possible

Both tenant and landlord enter into a contract for a specified period; an end date is agreed upon in advance. The diplomat clause provides the landlord with an additional ground for termination, namely that after the end of the agreed period, the landlord may use the dwelling for their own living purposes again. Note: the landlord must terminate the lease towards the end of the agreed term.

A subletting contract may be extended, and multiple contracts can be entered into one after another, for example, if the landlord stays abroad longer than initially planned. Neither the tenant nor the landlord can terminate the agreement earlier than the agreed date.

A variant: the Cohabitants Clause

As of July 1, it is possible to include a variant of the diplomat clause in your rental agreement: the cohabitants clause. You can use this clause if you:

In the agreement, you can stipulate that the tenant must vacate the dwelling as soon as the landlord plans to sell it. The rental agreement may last a maximum of two years, and there are several other conditions for using this clause. The landlord:

Other Options for Temporarily Renting Out (Part of) Your Home

Since the Fixed-Term Leases Act came into effect on July 1, 2024, indefinite contracts have become the norm. For some target groups and in some situations, temporary rental periods are still possible. For example, for students or people who need temporary housing due to work or a divorce. If you rent out part of the dwelling in which you live (homestay rental), you can terminate the rental agreement within the first 9 months. In this blog we describe all situations in which you can use temporary contracts.

Model Contracts and Advice

Hospi Housing helps people temporarily rent out (part of) their home, for example through the homestay rental arrangement. Signing up is free, and in a personal conversation, we assess your needs and help you get started. Are you looking for model contracts with the diplomat clause or other rental agreements? Sign up or contact us.