What is the mobility lease "Bail Mobilité" ?
Rental : be flexible with the mobility lease "Bail Mobilité"
Property owners and/or landlords can use “Bail Mobilité” or the Mobility Lease to rent out their properties to "temporary tenants." This fairly new type of lease is intended to legalize rental housing for short-term residents in France. And it meets the expectations of both the owners/landlords and tenants.
“Bail Mobilité” originated from article 107 of the ELAN Law, which was promulgated on November 23, 2018. It was a solution set by the French state with the aim of reintroducing vacant properties back into the real estate market. This short-term contract allows greater flexibility when renting furnished accommodations, as well as allowing legal housing for temporary residents such as business travelers, students, and the like.
The ELAN law
"The mobility lease "Bail Mobilité" is a short-term rental contract of furnished accommodation within the meaning of Article 25-4 to a tenant justifying, on the date of the effective date of the lease, being in vocational training, higher education, apprenticeship contract, internship, voluntary commitment as part of a civic service provided for in II of Article L. 120-1 of the National Service Code, on a professional transfer or on a temporary mission in the context of his professional activity".
It is also mentioned in the ELAN law the obligation to indicate in the body of the mobility lease "the reason justifying the benefit of the mobility lease". That is to say, to indicate, for example, that, since the parties agree to sign a mobility lease, the tenant is on a temporary mission as part of his professional activity.
It is only in this context that it is possible to use this short-term furnished rental contract. It is neither renewable nor renewable, however it is possible to modify the duration only one time, and only, by using an amendment . However, the overall duration of the agreement between the tenant and the lessor may not exceed the 10 months initially provided for by law. It is then defined in the law the similarities and differences between this type of lease and the classic furnished lease of one year renewable.
Extending Your Stay Under The Mobility Lease "Bail Mobilité"
At the end of the mobility lease "Bail Mobilité" , the tenant must vacate the premises. However, in the event that the tenant wishes to remain in the dwelling and the landlord grants him, only a classic lease may be offered to him. It will be either a furnished lease for a period of one year, renewable by tacit agreement, or a special student lease of nine months, non-renewable in the case where the tenant is a student.
The Advantages of The Owner & Tenant with The Mobility Lease "Bail Mobilité"
The tenant has the possibility to terminate the contract whenever he wishes, provided that he observes a notice period of one month. Various means are at his disposal to notify his decision to the lessor, the registered letter with acknowledgment of receipt, the bailiff's act or the hand delivery against signature.
Unless a different tenant occupies the dwelling before the end of the notice period on the agreement of the landlord, the charges and rent are still due during the notice period. The lessor, on the other hand, is not required to give notice to the lessee in order to close the contract when it comes to an end.
If the dwelling changes hands during the mobility lease, the tenant must be informed.
The new owner is obliged to transmit his name or denomination, as well as the address of his domicile or registered office.
In other words, the mobility lease offers a lot of multiple advantages for tenants who do not wish to stay more than one year in their housing, it is aimed at professionals or students. It is also more advantageous than other types of rental contract, for lessors.
What are the advantages of a mobility lease "Bail Mobilité" for the tenant?
- Notice : Possibility to terminate the contract at any time, provided that one month's notice is observed.
- End of lease : Various means are at his disposal to notify his decision to the lessor, the registered letter with acknowledgment of receipt, the bailiff's act or the hand delivery against signature.
- Subletting: Subletting is possible, provided that the tenant obtains the written agreement of the owner.
- Guarantee : The tenant has the possibility to take advantage of the Visal guarantee, applying to the unpaid (rents and charges) of his main residence. This guarantee is limited to a rent of 1,500 euros in Paris and 1,300 euros in the rest of the France, as well as thirty-six unpaid monthly payments.
- Rent control : In Paris, the rent of a dwelling whose lease has been signed or renewed since July 1, 2019 is governed by reference rents.
> Some dwellings are not affected by rent controls because they are subject to other rules. These are housing subject to the 1948 law, or contracted by Anah (excluding intermediate rent agreements), social housing (HLM), furnished tourist accommodation and sublets are excluded.
What is the list of mandatory equipment for a furnished rental?
- Bedding (bed or sofa bed) with duvet or blanket
- Device blackening windows in rooms (shutters or curtains in rooms)
- Hobs (built-in or separate)
- Oven or microwave oven
- Refrigerator
- Freezer or freezer compartment of the refrigerator with a maximum temperature of -6°
- Sufficient number of dishes for occupants to take meals (plates, cutlery, glasses, etc.)
- Kitchen utensils (pots, pans, etc.)
- Table
- Seats
- Storage shelves
- Light fixtures
- Housekeeping equipment adapted to the characteristics of the accommodation (vacuum cleaner if there is carpet, broom and mop for tiles ...)
The judge may decide to reclassify the rental contract for furnished accommodation as a bare/empty housing contract, in the event of non-compliance with this list.
Unpaid rents, utilities, and financial security
Excluding properties located in specific areas, the landlord/owner is free to set the price for rent under the mobility lease. However, it should still adhere to the annual decree regulating rents. Here in Paris, the rent must be determined within the limits set by rent control, which is also stipulated in the ELAN Law. And according to the Rent Reference Index, the amount will remain fixed all throughout the duration of the mobility lease.
Moreover, a flat rate is also applied when it comes to paying charges relating to damage costs and the like. This lump sum is to be defined in the mobility lease alongside the monthly rental fee and is to be paid to the landlord/owner.
It is forbidden for the lessor to claim any guarantee or deposit from his tenant. In the case of a shared accommodation registered under a mobility lease, the owner is also not allowed to demand solidarity between roommates as well.
Unlike secondary residences and standard short-term rental contracts, the mobility lease allows the tenant to present their current accommodations as their main residence throughout the duration of the agreement. They're also allowed to take advantage of the VISALE guarantee, which applies to various charges relating to their main residence. But it's important to note that the guarantee is limited to rent of around €1,500.00 per month in Paris and €1,300.00 per month in the rest of France.
It is intended for temporary rental of housing to people on the move.
This solution was created by the State with the aim of reintroducing rented housing from Seasonally or vacant on the rental market.
It is a short-term rental contract for furnished accommodation offering greater flexibility to the landlord and facilitating access to housing, especially for people in professional mobility or students.
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Posted on 21/10/2021 by
Andy LECUYER
