The mobility lease is a rental contract for furnished housing for a short period (between 1 and 10 months).
Furthermore, lessors can use it to offer furnished rental accommodation adapted to certain situations. This, in turn, facilitates access to housing for occupationally mobile persons or students.
To provide further clarity, the following sections outline the conditions that individuals must respect in order to use this type of contract.
The advantages of a mobility lease
The advantages for the landlord and tenant are numerous:
|For the landlord||For the tenant|
|The landlord can take the use of the property at the end of the lease.||You can enter into a rental contract without the need for a security deposit.|
|You have the option to request a guarantee from the tenant.||This type of lease is shorter and more flexible compared to a classic lease.|
|You can take advantage of the Visale guarantee, which provides free coverage for unpaid rent and damages caused by the tenant.||It offers easier access to housing for any student or person in professional mobility.|
Who can benefit from a mobility lease?
To benefit from a mobility lease, you must be in a situation that justifies the need to rent housing for a short period of time. The following profiles may qualify for a mobility lease:
- Students (higher education, or internship);
- Individuals in professional training or those with an apprenticeship contract;
- People in professional mobility (due to transfers or temporary missions).
- Young people volunteering for civilian service.
Importantly, the reason for the lease must be explicitly stated in the contract. If there is no specific reason for a mobility lease, it can be reclassified as a classic furnished lease at any time.
Is furnished accommodation required?
The mobility lease always involves furnished accommodation. Therefore, the rented accommodation must:
- Include a minimum of furniture and essential equipment, such as: hotplates, an oven or microwave oven, a refrigerator, a freezer, adequate lighting, sufficient dishes and kitchen utensils for the occupants, a dining table and chairs, storage shelves, cleaning materials suitable for the accommodation’s specific features (parquet, tiles, etc.), bedding with a comforter or blanket, and shutters or curtains in the rooms.
- Comply with decency standards to ensure the tenant’s safety and protect their health.
Which contracts should you choose if you don’t meet the mobility lease criteria?
- The furnished rental contract;
- The unfurnished rental contract;
- The seasonal rental contract;
- The roommate contract.
Duration of mobility leases
Mobility leases are established for a minimum of one month and a maximum of ten months. Under these conditions, if both tenant and landlord agree, a simple amendment can be used to ajust the lease duration within the ten-month limit.
Nevertheless, it is important to note that mobility leases cannot be renewed. Consequently, for continued residence, the tenant must transition to a classic furnished lease at the mobility lease’s conclusion.
Information for the mobility lease
To comply with the standards of the Elan law, both the lessor and the tenant must provide the following essential information:
- Name, first name and address of the owner or their representative (head office if applicable);
- The name and first name of the tenant;
- The lease’s start date and its duration;
- Proof of the tenant’s eligibility for the mobility lease;
- The amount of rent and the terms of payment;
- Inclusion of the sentence: “the rental contract is a mobility lease governed by title 1 ter of law 89-462 of the law of July 6, 1989 on the improvement of rental relations”;
- A statement that the lessor is prohibited from requesting a security deposit.
- The dwelling’s destination, description, and living area.
- Enumeration of the private premises intended for the exclusive enjoyment of the tenant, as well as all the rooms for collective use;
- The last rent paid by the previous tenant (except if it has been more than 18 months since he left the accommodation);
- If applicable, the nature and amount of any work carried out since the last tenant vacated the property.
Annexes to the mobility lease
Several annexes must be attached to the rental agreement to allow the tenant to assess the condition of the accommodation. These required documents are:
- The information notice;
- The rules of co-ownership, if applicable;
- The inventory of fixtures (not mandatory but strongly recommended);
- The technical diagnosis file.
Determination of the rent
The rent for a mobility lease depends on the geographical sector where the property is located, falling into one of three situations:
- The rent is set freely if the accommodation is outside a tense area;
- The rent is set freely for the first rental and then regulated for the second rental if the accommodation is in a tense area (with limited rent increases);
- Rent is capped if the property is located in a city or zone with rent caps, for instance, in places like Paris, Lille, Hellemmes, Lomme. This also applies to the 9 cities of the Plaine Commune in the Paris region.
No security deposit can be required from the tenant in the context of a mobility lease. This policy aims to facilitate the integration of eligible tenants by preventing them from facing significant upfront costs.
Termination of the mobility lease
The tenant may terminate the lease at any time with a one-month notice period, regardless of the contract’s duration, without needing to provide a justification.
Moreover, the tenant must send a registered letter with receipt acknowledgment to the landlord to terminate the lease, and the notice period starts upon receipt.
However, it is important to note that the landlord can only terminate the lease if the tenant fails to meet their obligations.
Renewal of the mobility lease
A mobility lease can be signed for a period ranging from 1 to 10 months. It cannot be renewed as the Elan law prohibits such renewals. If the tenant and landlord agree to extend the stay, they must sign either a furnished rental contract or a student rental contract.
Housing tax (Taxe d’Habitation)
The tenant who is present in the accommodation on January 1st is responsible for paying the housing tax. If the owner does not rent the accommodation during this period, he/she must pay the tax. Every individual, whether an owner or tenant, is liable for the housing tax on January 1st of each year.
In conclusion, the mobility lease allows for short-term furnished rentals. This new type of rental contract, often entered into by individuals in situations of professional mobility, represents a significant evolution in housing agreements. It offers shorter and more flexible terms compared to traditional leases, meeting the expectations of both tenants and owners.