The Famed "Diplomatic Clause" in leases

Since my last post, I got several questions on the so-called "diplomatic clause" in house/apartment leases. This, folks, is simple--since many diplomats tend to stay in DC for short, rather irregular periods of time in between posts, if they choose to live outside the warm, loving embrace of Oakwood housing and rent themselves something on their own, they need to be able to get out of their leases quickly. As the uninitiated might imagine, few landlords are openly ecstatic about this state of affairs and tend to get cranky when said diplomat starts packing up his cats, African bongos and Islatic antiques after only 6.5 months in the property. Thusly, smart folks have come up with the "diplomatic lease clause" to get themselves out of such pickles. I enclose a couple of sample diplomatic clauses for your convenience:

Sample #2
Diplomatic Lease Provisions

If any tenant or their spouse is or becomes a member of Foreign Service of the Department of State, the tenant may terminate this rental contract on 30 days written notice to the landlord in any of the following conditions:
a. If the tenant receives permanent change of station orders to another area.
b. If the tenant is separated from the Foreign Service.
c. If the tenant has leased the property prior to his/her arrival and subsequently received orders of reassignment, including TDY orders for sixty days or more, to other than the local geographical area (50 mile radius).

Tenant shall not be liable for rent after the 30 day period, and the landlord agrees to release the Tenant from all obligations under the lease, including, but not limited to, any obligation to pay rent through the original termination date. Any monies paid by the Tenant as the last month’s rent is not part of the security deposit and shall be refunded, or credited and prorated to any rent due before the new date of the termination of the lease, without further notice.

If the lease was signed before this diplomatic clause was signed Landlord and Tenant agree that $1.00 paid by the Tenant to Landlord is adequate consideration for this change in the lease.

Sample #2

Diplomatic Release Clause

For active duty military personnel and government employees, it is
understood, agreed, and convenanted that if Tenant is transferred 35 miles or
more, (radius) from the location of the Premises or is prematurely and
involuntarily discharged or relieved from service/employment, Tenant shall
have the right to terminate this Lease, as provided herein, and the
termination shall not be effective until 30 days after the next rent due
date. Tenant shall deliver to Realtor/Agent/Landlord a written notice with a
copy of the Tenant's transfer or discharge orders or letter from the
appropriate supervisor, whereupon Tenant shall vacate and surrender
possession of the Premises to Landlord within said termination period. Such
notice by Tenant shall have no force or effect unless it is accompanied by
the rent for the final month of the tenancy, and a copy of Tenant's transfer
or discharge orders.


So, you can try and sneak any of these in and see how your potential landlord will stomach it. Note--if, in addition to your diplomatic lifestyle idiosyncrasies, you also own a large dog, a hairy cat, a boa, a massive Tibetan coffee table, Chinese decorative dragon, and a huge ficus, I would recommend that you first try to sneak in a clause about the flora and fauna in your life before even attempting to discuss a diplomatic escape clause. Or just go live in a hut in the Arlington forest and prepare for your next hardship post the real way! Good luck either way.

MASSIVE LEGAL DISCLAIMER--please keep in mind that the two lease clauses above do not in any way or form represent legal advice nor have they been intended to be given as such advice. They are presented here merely as a convenience and a reference point and I take ZERO responsibility for their content. You are allowed to sue Fat Cat should your landlord manage to find a loophole in the text one day but I cannot guarantee any court appearances--he is simply too fat for that.