With a diplomat clause (diplomatenclausule), you agree in the tenancy agreement that you will rent out your own home for a certain period and then move back in yourself. When that period ends, you can give notice on that ground (Article 7:274 of the Dutch Civil Code (Burgerlijk Wetboek, DCC)). But the tenancy does not end automatically. If the tenant does not agree, the kantonrechter (subdistrict court) decides.
The clause only works if you really will live there again. If you want to sell or rent to someone else, it does not give you a ground. Below you can read the conditions, how to give notice and where things go wrong in practice.
Table of contents
What is a diplomat clause?
It is a clause in a fixed-term tenancy agreement stating that the landlord will live in the home again when the term ends. The name comes from diplomats who go abroad for a posting. But anyone who lives elsewhere temporarily can use it, for example for work, study or a long journey.
The clause gives you a separate ground for ending the tenancy in Article 7:274 DCC. This makes the threshold lower than for an ordinary notice for urgent personal use (dringend eigen gebruik). With that ground, you must also show that the tenant can get other suitable housing.
Which conditions must you meet?
The court mainly checks the following points:
- The tenancy agreement was concluded for a fixed period, with an end date.
- You, or the previous occupant, lived in the home immediately before renting it out, and you will return when the term ends.
- The agreement expressly states that the tenant must leave the home when the term ends because you are returning.
- The tenant was informed of this in writing when the agreement was concluded.
- When giving notice, you show that it is plausible you will actually live in the home again.
The clause must be in the agreement from the start. Adding it later to an existing agreement does not work, because the tenant then already has rent protection.
Is a diplomat clause still allowed since 1 July 2024?
Yes. The Act on permanent tenancy agreements (Wet vaste huurcontracten) made the open-ended tenancy agreement the norm again on 1 July 2024. But renting out with a diplomat clause remained possible. It remains an exception, alongside temporary agreements for the groups listed in the Decree on specific groups for temporary tenancy agreements (Besluit specifieke groepen tijdelijke huurovereenkomst).
If you will be away for longer, agree an extension in writing before the term ends, in which the vacating clause (ontruimingsbeding) stays in force. Do not let the tenancy simply continue after the end date without a written agreement. Otherwise you risk no longer being able to rely on the clause. You can read more about the other forms in our article on fixed-term and temporary tenancy agreements.
How do you give notice?
You give notice in writing, by bailiff’s writ (deurwaardersexploot) or registered letter, effective at the end of the agreed period. You state the legal ground, which is your reliance on the vacating clause because you are returning (Articles 7:271 and 7:274 DCC). Your notice period is three months plus one month for each year the tenancy has lasted, with a maximum of six months.
In the letter, ask the tenant to confirm in writing within six weeks whether he agrees to the termination. If he does not agree, you ask the kantonrechter to set the date on which the tenancy ends. The tenancy continues until that decision (Article 7:272 DCC). So start in good time, especially if you want to be back on a fixed date.
What happens if you do not return?
Then a notice on this ground fails and the tenancy continues, with full rent protection for the tenant. A plan to sell or to rent the home to a family member does not count as living there yourself.
If you give notice and it later turns out that you did not move back into the home, the tenant who left can claim damages (Article 7:276 DCC). So only use this ground if your return is certain. See also our article on rent protection when a tenancy ends.
What rent may you charge?
The same as for any other letting. Up to and including 186 points in the housing valuation system (woningwaarderingsstelsel), the maximum rent based on the points calculation is binding. At the start, you give the tenant a points calculation. The current limits are in our article on the Affordable Rent Act (Wet betaalbare huur).
Also check three things before you rent out: permission from your mortgage lender, the rules in the deed of division (splitsingsakte) if you own an apartment, and whether your municipality requires a rental permit.
What should you look out for as a landlord?
- Is the clause in the agreement from the start, with the reason and the end date?
- Did the tenant confirm in writing at signing that he is aware of the clause?
- Can you back up your return, for example with the end of your posting or studies?
- Did you give notice on time, with the correct period and by registered letter or bailiff?
- Is the rent in line with the points calculation?
What should you look out for as a tenant?
- Did the landlord live in the home himself before, and is the return concrete?
- Was the notice sent by registered letter or by bailiff, and does it state the reason?
- Respond within six weeks. Without your consent, the kantonrechter decides.
- If the landlord does not return after you leave, keep the evidence for a damages claim.
- Have the rent checked if the home stays below 187 points.
What can we do for you with a diplomat clause?
- Draft a tenancy agreement with a diplomat clause or review your existing agreement.
- Draft the notice letter and monitor the deadlines.
- Conduct the proceedings before the kantonrechter on your behalf, or defend you in them.
- Assess a damages claim if the landlord does not return after giving notice.
- Advise on the rent and the points calculation.
Our tenancy law lawyers assist landlords and tenants from Eindhoven and Amsterdam.
In summary
- A diplomat clause lets you rent out your own home temporarily and then give notice so that you can move back in (Article 7:274 DCC).
- The clause must be in a fixed-term tenancy agreement from the start.
- The tenancy does not end automatically. You give notice with a period of three to six months, and without consent the kantonrechter decides.
- If you do not really return, the notice fails and you risk a damages claim (Article 7:276 DCC).
- The maximum rents under the Affordable Rent Act also apply to this type of letting.
Frequently asked questions
Can I give notice early under a diplomat clause?
No, notice can only take effect at the end of the agreed period. The tenancy can only end earlier if the tenant agrees.
Can the tenant leave earlier?
Yes, if the agreement allows it. Under a diplomat clause, the law in principle gives the tenant no right to give notice before the end date. The usual model agreements do contain a clause that lets the tenant give notice early, often after an agreed minimum period has passed. The notice period is then equal to the payment period, with a minimum of one month and a maximum of three months (Article 7:271 DCC). If rent is paid monthly, that is one month.
Can I sell after the term instead of returning?
Not on the basis of the diplomat clause. Sale is only a ground for termination for a small group of private landlords who meet the strict conditions of Article 7:274 DCC.
Does the clause also apply if I am a tenant myself and leave temporarily?
A related arrangement is interim letting (tussenhuur) by a tenant who lives elsewhere temporarily. For this, you first need permission from your own landlord to sublet.
Unsure about your position? Tell us about your situation. We will let you know within one working day what your options are.
This article provides general information and is not a substitute for advice on your specific situation.
