Diplomatic Clause (Diplomatenclausule) in the Netherlands: 2026 Guide for Homeowners
Last updated: October 2026 · Written by Erdal Aydın, founder of Amsterdam Property Renting
Short answer: The diplomatic clause (diplomatenclausule) lets you rent out your own home for a fixed period while you are away, and take it back when you return. It works when three things are true: you lived in the home yourself, you are leaving temporarily (for work, study or another reason), and you genuinely intend to move back in. Since 1 July 2024, when fixed-term contracts became the exception, it is one of the few legal ways for a homeowner to rent out temporarily. The lease does not end by itself: you have to give notice on time, and if a tenant refuses to leave, a court decides.
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What the diplomatic clause is
A normal Dutch rental contract is open-ended, and a landlord can only end it on a ground listed in the law. The diplomatic clause is based on one of those grounds: urgent own use (Article 7:274 of the Dutch Civil Code). The law accepts that you need your home back urgently when you lived there before, rented it out only because you were away for a while, and want to live in it again.
The name comes from diplomats posted abroad, but you do not need to be a diplomat, and you do not need to go abroad. A job assignment in another country, a few years of study, caring for a family member or a long trip can all qualify.
Who can use it
- Owners who have lived in the home themselves and are leaving it temporarily.
- Owners who have a real plan to return, such as a fixed-term assignment, a study programme with an end date or a sabbatical.
When it does not work
- You bought the home as an investment and never lived in it.
- You have bought a new home and do not plan to move back.
- You do not know whether you will ever return. In that case the clause gives little protection, and a regular contract may suit you better. See Can I rent out my house for one year?
How the lease works in practice
| Topic | What applies |
|---|---|
| Term | A fixed period agreed in advance, for example 12, 24 or 36 months, matching how long you expect to be away. |
| Extending | Possible before the end date, if both you and the tenant agree in writing. You can repeat this while you are still away. |
| Ending | You give notice in time before the end date, by registered letter or bailiff’s writ. The notice period depends on how long the tenant has lived there and can be up to six months. |
| Tenant leaving early | The contract sets whether and when the tenant can leave early, usually after an initial period with a notice of one to three months. |
| If the tenant does not leave | The lease does not end automatically. The court decides whether you meet the conditions, mainly whether you really intend to move back. |
| Rent | The normal rent rules apply. The points system (WWS) decides the maximum rent; see our Amsterdam landlord guide. |
Why it matters more since 2024
The Fixed Rental Contracts Act (Wet vaste huurcontracten) took effect on 1 July 2024. Since then, a new rental contract is open-ended by default. Fixed-term contracts are only allowed for specific groups, such as students. A one-year contract with an ordinary tenant now counts as open-ended, even if both sides wrote “one year” on paper.
The diplomatic clause was not affected by this change. For homeowners who are leaving temporarily and want their home back, it is therefore the main route left.
Does your mortgage lender have conditions?
Send us your lender’s requirements. We build them into the lease and can prepare a draft for your bank to review.
What homeowners ask us most
We receive questions about the diplomatic clause almost every week. These are the ones we hear most often.
“My mortgage lender has conditions. Can you meet them?”
Often, yes. Lenders that allow temporary letting usually ask for some or all of these:
- A lease with a fixed end date, often no longer than your time away, sometimes with a maximum such as 36 months.
- A diplomatic clause in the signed lease.
- A signed tenant declaration to vacate the home in case of foreclosure.
- Letting through a professional agent.
- A rent at least equal to your monthly mortgage payment.
Always ask your lender for written consent first, and tell your home insurer. We build the lender’s conditions into the lease and can prepare a draft for the bank to review.
“Can I start with one year and extend every year?”
Yes. A common setup is an initial term of 12 months, extended for another agreed period before each end date. Each extension needs the written consent of both you and the tenant. If the tenant does not want to extend, the lease ends on the agreed date and you can rent the home out again with a new diplomatic clause if you are still away.
“I’m not sure I will come back. Can I still use it?”
Your protection depends on your intention to return being genuine, both when you sign and when you give notice. If you already know you will not return, the clause is the wrong tool and may not hold up in court. We will tell you honestly which contract fits your situation.
“Can I end the lease early with two months’ notice?”
Not freely. You agree a term in advance, and you end the lease at the end of that term with the notice the law requires. Coming back earlier than planned does not by itself give you the right to end the lease early, so choose a term that matches your plans.
“Can I add a diplomatic clause to a normal lease, just in case?”
Only if your situation fits: you lived in the home, you are leaving temporarily and you plan to return. Adding the clause “as a formality” when those conditions are not met gives you no real protection.
Checklist before you rent out
- Get written consent from your mortgage lender and inform your home insurer.
- Write down why you are leaving and when you plan to return, and keep proof (assignment letter, study admission, contract abroad).
- Calculate the home’s points and keep the rent at or below the legal maximum.
- Check local rules, such as buy-to-let protection in the first years after purchase. Several municipalities allow a short rental for owners who lived in the home themselves; see our guides for Amstelveen, Hoofddorp and Almere.
- Choose a term that matches your time away, and agree how extensions work.
- Screen tenants with written, non-discriminatory criteria and take a deposit of at most two months’ basic rent.
- Record the home’s condition at check-in with photos, meter readings and keys.
- Put the notice date in your calendar well before the end of the term.
How we help
Letting homes with a diplomatic clause is a core part of our work: in the past year alone, we let more than 50 homes for owners who were temporarily abroad. We check whether the clause fits your situation, build your lender’s conditions into the lease, find a tenant who suits a fixed-term arrangement, and keep track of extensions and notice dates while you are away.
Rent out your home while you are away
Ask for a free rent check, or contact us for a tailored proposal. We reply within one working day.
Diplomatic clause: frequently asked questions
Is the diplomatic clause still allowed in 2026?
Yes. The Fixed Rental Contracts Act of 1 July 2024 left the diplomatic clause in place. It remains one of the few ways to rent out your own home for a fixed period.
Do I have to move abroad to use it?
No. What matters is that you lived in the home, leave it temporarily and intend to return. The reason can be work, study, care for a family member or a long trip, in the Netherlands or abroad.
What is the maximum term?
The law sets no fixed maximum, but the term should match your time away. Your mortgage lender may set its own maximum, for example 36 months.
Does the tenant have to leave on the end date?
Only after you have given notice on time. If the tenant does not leave, the court decides whether the conditions are met, mainly whether you really need the home to live in yourself.
Can I charge any rent I want?
No. The normal rent rules apply. The home’s points decide the maximum rent, and a tenant can ask the Huurcommissie to check it.
This page gives general information, not legal advice. Every situation is different; we recommend checking yours with us or a legal adviser before you sign.
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