What Is a Diplomatenclausule (Diplomat Clause)? Rules and Pitfalls

If you're searching for a rental home in Amsterdam or elsewhere in the Netherlands, you'll regularly come across the term diplomatenclausule (literally "diplomat clause") — in listings, in model contracts, or in conversation with a landlord. Yet there's a fair amount of confusion about what the clause actually means and what it does to your rights as a tenant. This article explains what a diplomatenclausule is, when a landlord may use it, and what both tenants and landlords should watch out for. For more background, see our article on how a rental contract works in the Netherlands.

What exactly is a diplomatenclausule?

The name refers to diplomats and other employees who move abroad temporarily for work but want to keep their own home so they can move back in later. A diplomatenclausule is a provision in a fixed-term rental contract stating that the tenant must vacate the property once the owner — who lived there before — returns to reoccupy it themselves. Dutch lawyers also refer to this arrangement as tussenhuur (interim letting).

The clause is set out in Article 7:274, paragraph 1(b), in conjunction with paragraph 2, of the Dutch Civil Code (Burgerlijk Wetboek). This provision gives the landlord a specific, statutory ground to end the tenancy once the agreed term expires, without the usual indefinite-term tenant protection a renter would otherwise have.

Note: the term is used in two different ways

In practice, "diplomatenclausule" isn't always used consistently, which causes confusion. Broadly, there are two variants:

• The landlord variant (tussenhuur) — the statutory form under Article 7:274 of the Civil Code: the landlord rents out temporarily because they themselves are temporarily living elsewhere (often abroad), with a genuine intention to return.
• The tenant variant — an arrangement, often favoring the tenant, that lets an expat tenant terminate the contract early if their employer relocates them to another city or country. This isn't a statutory figure but a contractual arrangement the parties agree on themselves.

Because both variants share the same name but regulate something legally quite different, it's wise to check carefully which form is actually included whenever you read a rental contract — and to discuss this explicitly before signing.

The diplomatenclausule and the Fixed Rental Contracts Act

Since 1 July 2024, the Wet vaste huurcontracten (Fixed Rental Contracts Act) has been in force. This law makes an indefinite-term rental agreement the norm; temporary contracts may now only be offered in a limited number of legally defined situations, such as certain target-group contracts (for example for students) and specific circumstances set out in a governmental decree (Algemene Maatregel van Bestuur). Tussenhuur based on a diplomatenclausule remains possible within this system, as a separate statutory termination ground under Article 7:274 of the Civil Code — provided the conditions are met.

Conditions for a valid diplomatenclausule

Not every contract that mentions the word "diplomatenclausule" is automatically legally valid. For the landlord variant (tussenhuur), the following conditions generally apply:

• The landlord lived in the home themselves before renting it out.
• The landlord is temporarily living elsewhere (for example working abroad) with a genuine intention to return.
• The clause is stated explicitly and clearly in the written rental agreement.
• The rental agreement is for a fixed term.
• At the time the tenancy ends, the landlord has a genuine, reasonable interest in reoccupying the home themselves — a vague wish isn't enough.

If any of these elements is missing, the landlord risks the clause not holding up in a dispute, allowing the tenant to still rely on regular tenant protection.

How and when does the tenancy end?

A rental agreement with a diplomatenclausule doesn't end automatically on the agreed date. The landlord must give timely, formal notice to terminate. For this type of temporary letting, a notice period generally applies: usually one month, plus one additional month for every year the tenant has lived in the home, up to a maximum of six months. If the tenant doesn't respond or refuses to leave, the landlord will ultimately need to enforce this through the courts. If the clause was included correctly and completely, courts in practice grant the landlord's request in nearly all cases — after all, the tenant knew from the outset that the tenancy would end after the agreed period.

What does this mean for you as a tenant?

Even with a diplomatenclausule in your contract, you still have tenant protection for the duration of the term: the landlord can't simply end the tenancy earlier than agreed and must observe the statutory notice period. Still, it's important to understand exactly what you're signing:

• Ask whether it's the landlord or the tenant variant, and what that means specifically for your situation.
• Check whether the underlying conditions (prior occupancy, temporary residence elsewhere, an explicit clause) actually apply — a landlord who never lived in the property themselves generally can't rely on it.
• Keep in mind that this is a finite rental period: this type of contract isn't a basis for long-term, secure housing.

What does this mean for you as a landlord?

For owners who move abroad temporarily — for a work assignment, for example — the diplomatenclausule offers a way to avoid leaving your own home vacant while keeping the certainty that you can move back in later. Make sure the contract is drafted correctly: have the clause explicitly recorded, and ensure that when you return you have a genuine, demonstrable interest in reoccupying the home yourself. If you're unsure about the right wording, have the contract reviewed by an expert. If you're actually looking to let your property on a more structural basis and want support finding a suitable tenant or managing your home, take a look at our letting page.

Need help renting or letting a home?

A diplomatenclausule can be useful for both tenants and landlords, but only if the contract is properly drafted. Our rental specialists are happy to help you review a rental contract or find a home that fits your situation. Get in touch with us, no strings attached — we're glad to think along with you.