Diplomatic Agreement Vertaling

The fundamental principle of Dutch rental law is that the tenant must be regarded as a “weaker party”. Often, legislation on rental agreements is mandatory and the parties, especially the owners, cannot derogate from this legislation by agreement. The mandatory nature of this legislation is clearly reflected in the rules on how to terminate a tenant`s lease. Adding a diplomatic clause to the lease can facilitate the termination of a lease; However, a court decision is still needed. Such a diplomatic clause must provide for two conditions: that the leased property be evacuated if the lessor wishes to reside in the leased property himself at the end of the rental period agreed in the contract. And that the landlord has a legitimate interest in the lease ending. The court will only make a decision on the termination of the lease if both elements are included in the clause. Such a diplomatic clause is often used by Dutch nationals who live and work temporarily abroad; They will most often rent their home and want to make sure that once their detachment is over, they can force the tenant to leave if the pressure comes. A diplomatic clause can also serve the interests of a tenant. In most cases, such a clause means that the tenant can terminate the lease before the originally agreed date of termination of the contract. Expats in the Netherlands often enter into rental contracts for a limited time. It is good to know that fixed-term leases are usually renewed automatically if no notice has been given before the end of the first mutually agreed period.

To avoid an open lease situation, a “diplomatic clause” can be added to the contract. In principle, both the landlord and the tenant can benefit from a diplomatic clause. As already mentioned, it can be extremely difficult for landlords to terminate a lease if the tenant is not willing to leave the rented property. In most cases, the desired result is achieved only by a decision of a judge. An exception to this practice is short-term leases of less than two years. In this type of contract, the tenant has a minimum of rental protection, which means that the landlord does not have to rely on at least one of the legal grounds for termination. For more information, see: Renting in 2020 – know your rights expats who move to the Netherlands are often shocked by the unusual level of protection tenants enjoy in this country. And no one really seems to care. Dutch rental law offers a solid framework that makes it very difficult for landlords to terminate a lease from one moment to the next. And like any other regulation, this one has a completely legal outcome – the much-talked about and somewhat elusive “diplomatic clause”.

After successfully completing this article, you may want to check now if your lease contains a diplomatic clause. . . .