Rental agreement with diplomatic clause
Questioner
I currently have a rental contract until the end of December with a diplomatic clause. The landlord now wants to sell the house and I have to move out at the end of December. Is this allowed? I had read that the diplomatic clause is to protect the landlord, so that they can live in it again themselves. But they are not going to do that now, but sell it. I will rent this house for 2.5 years at the end of December. I am curious about the tenants' rights. I cannot live anywhere else at the moment. Buying is too expensive and I am not given any urgency either.Lawyer
Landlord is using the diplomatic clause wrongly and you could consider not accepting this in a letter. Then the subdistrict court judge will have to rule on it.Lawyer
The diplomatic clause itself is not a legally regulated ground for termination, but the description of this clause is in line with specific legal regulations to be able to temporarily rent out the home. However, the lease agreement still needs to be terminated. If you as a tenant refuse to agree to the termination of the lease, the lease agreement does not end due to the termination. The landlord will then have to go to court with a request to terminate the lease agreement based on the diplomatic clause. However, this clause has no effect for any other purpose than that for which it was included in the lease agreement. I do not expect the court to terminate the lease agreement by invoking the diplomatic clause because the landlord now wants to sell the property. In these situations the exact content of the lease is crucial. You can email me so I can take a look at it (free of charge). mlcohen@cohen-advocaten.nlTake the next step
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