The diplomatic clause of a lease offers a solid framework that makes it difficult for owners to terminate a lease agreement at any time. According to the basic principle of the diplomatic clause, the weakest party is the tenant. Most of the time, legislation on leases is essential. The parties are not allowed to deviate from this legislation through another agreement. The essential nature of this legislation is clearly reflected in the rules on notice period when planning the termination of a lessor or contract. In accordance with Thailand`s diplomatic clause, the owner agrees to refund your deposit if you have to terminate your tenancy agreement prematurely. This is usually due to unexpected circumstances such as a transfer abroad. Expats who travel frequently use the clause; Therefore, the name. Signed lease: January 10, 2018Ad: before December 10, 2018Processive: Before February 10, 2019, My friend entered into a contract that compensates the tenant for at least 3 months regardless of the length of stay. Now he has to leave Singapore and soon move to China and have problems because of this clause.
Is there legal protection to protect tenants from unfair contracts? The “Society of General Managers” (SR) and the Geneva Chamber of Immobilie (CGI) decided in 2001 to incorporate the diplomatic clause into the general conditions and rental rules and practices of the canton of Geneva that govern leases. As of December 1, 2001, the terms and conditions of sale and the rules and practices of leasing contain the diplomatic clause (see below). The diplomatic clause is added to leases involving tenants, permanent mission staff and international organizations who have a legitimation card (“B,” “C,” “D,” “E,” “G,” “G,” “H,” “I,” “L,” “P,” “S”) of the Federal Department of Foreign Affairs. It is therefore no longer necessary for the tenant to expressly require the inclusion of the diplomatic clause in a tenancy agreement, since the terms and conditions and tenancy rules and practices mentioned above are an integral part of these contracts. However, the tenant must ensure that the landlord incorporates the terms and conditions of sale and the rules and practices of tenancy into the tenancy agreement. The diplomatic clause applies in the canton of Geneva. The real estate agencies and the owners of the canton of Vaud accept in principle the integration of the diplomatic clause in the leases. However, the tenant must expressly require the addition of the clause. Expats in the Netherlands often enter into fixed-time contracts for a limited time. It is good to know that fixed-term leases are generally automatically renewed if no notice has been announced before the end of the first jointly agreed term.
To avoid an open tenancy agreement, a “diplomatic clause” may be included in the contract.