What is a mobility lease?

Mobility leases have existed since November 2018 and are derived from the ELAN (Evolution of Housing, Development and Digital Sector) law.

This is a new type of lease agreement for furnished accommodation, intended to facilitate access to housing by people looking for a short-term lease.

Who can benefit from a mobility lease?

A mobility lease is subject to certain conditions. At the effective date of the lease, the lessee must be in one of the following situations:

• Professional training
• Higher education
• Apprenticeship contract
• Internship
  
• Voluntary enlistment as part of a civic service
• Job transfer
• Temporary assignment as part of a professional activity

It is advised that proof of the lessee’s situation is appended to the lease agreement.

What is the term of a mobility lease?

A mobility lease can only be signed for a term of 1 to 10 months.

The term of the lease may be amended once (by addendum) but the total term of the agreement may not be more than 10 months.

I am a lessee. How can I terminate my lease?

A lessee can terminate the lease at any time, without having to specify a reason, provided that a notice period of one month is respected.

Different options are available: registered letter with a request for acknowledgment of receipt, writ or hand delivery in return for a receipt or a signature.

The notice period shall start from the date of receipt of the registered letter by the owner of the accommodation, or from the date of service of the writ or from the date of hand delivery.

I am the owner. How can I review the rent?

The rent is freely determined by the owner under a mobility lease.

However, the rent cannot be reviewed during the term of the lease. Moreover, the rent can only be reviewed once per annum according to the rent review index (IRL) fixed quarterly by the INSEE.

In practice, the rent will therefore be reviewed when the accommodation is re-leased.

Under what conditions can an owner lease accommodation under a mobility lease?

The steps taken by the owner have been drastically simplified under the mobility lease. Leasing accommodation under a mobility lease does not require any registration at the town hall.

Moreover, a second home may be leased under a mobility lease without there being any need to apply for a change of use.

Sources (non-exhaustif)

Quelles sont les règles d'un "bail mobilité" ? Service-public.fr ↗︎

Bail mobilité - Modèle conforme prêt à imprimer - BailFacile ↗︎

ELAN / Le bail mobilité : le nouveau contrat de location meublée - Lodgis.com ↗︎

Which documents should be appended to the lease agreement?

Upon signing the lease, the following documents must be appended to the agreement:

• Incoming inventory of fixtures
• Furniture inventory
• Technical diagnostic file
• Where the accommodation is in a jointly-owned building: an extract of the joint ownership regulations concerning the intended use of the building, the enjoyment and use of the private and common areas, and specifying the share of the lot leased in each category of charges.

It is also advised that a document justifying the lessee’s benefit to the mobility lease is appended to the lease agreement.

What are the rules on renewal of a mobility lease?

A mobility lease is non-renewable and non-extendible.

If the lessee remains in the furnished accommodation at the end of the lease, the new lease must be a lease for furnished accommodation.

Which accommodation is eligible for a mobility lease?

Accommodation subject to a mobility lease must be furnished. The equipment that must be supplied to the lessee by the owner is the same as the equipment required under a lease for furnished accommodation.

I am the owner. How should I recover my charges?

Charges are recovered by the lessor/owner in the form of a fixed price, which the lessee pays at the same time as the rent.

The owner estimates the total fixed price and determines the frequency of the payment. That information must be included in the lease agreement.

The owner may not ask for a security deposit under a relocation lease.

Insurance for unpaid rent or membership of the VISALE scheme is therefore strongly advised.

Can the owner demand a security deposit?