What are the rules of a mobility lease?
Verified 15 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Cancelation of the conciliation obligation
Published on 17 November 2022
In a ruling on September 22, 2022, the Conseil d’État annulled article 750-1 of the code of civil procedure, which establishes the obligation of conciliation and mediation prior to litigation.
The mobility lease is a lease signed between the owner of a furnished dwelling and a tenant considered as a temporary occupant (student, employee on temporary assignment or vocational training...). The lease is for between 1 and 10 months. Renewal of a mobility lease is prohibited.
Only certain people can be the tenant (or roommate) of a mobility lease.
When the lease begins (which may be different from the date the lease was signed), the tenant must be in one of the following situations:
- Vocational training
- Higher education
- Apprenticeship contract
- Internship
- Voluntary commitment under a civic service
- Occupational transfer
- Temporary assignment in the course of professional activity
FYI
there is a list of supporting documents that the landlord (or real estate agent) may demand from the prospective tenant.
Decent housing (minimum area)
The housing must be decent, that is, it must be of one minimum surface, include certain equipment, do not harm the health or safety of the tenant and do not be pests or parasites.
Furnished accommodation
As a furnished dwelling, it must also contain at least the following furniture:
- Bedding with duvet or blanket
- Shutters or curtains in the rooms
- Cooking plates
- Microwave oven or oven
- Refrigerator
- Freezer or freezer compartment of the refrigerator with a maximum temperature of -6°
- Sufficient dishes for occupants to eat
- Kitchen utensils
- Table
- Seats
- Storage shelves
- Lighting Fixtures
- Household maintenance equipment adapted to the characteristics of the housing (vacuum cleaner if there is carpet, broom and mop for tiles...)
The mobility lease shall be concluded for a minimum of 1 month and a maximum of 10 months.
This lease is non-renewable and non-renewable.
The lease duration can be changed once per agreeable, but the total duration may not exceed 10 months.
When the lease ends, if the tenant and the landlord sign a new lease for the same unit, then that new lease is a mandatory "classic" residential lease.
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General case
Mandatory Content
The lease is in writing.
It contains the following information:
- Name of the owner and his address, or name and registered office of his agent (e.g. real estate agency)
- Name of tenant
- Effective date of the lease (the date on which the lease enters into force)
- Lease duration (if not specified, the mobility lease is not applicable)
- Reason justifying the tenant's right to a mobility lease (if this reason is not given, the mobility lease is not applicable)
- Sentence indicating the lease is a mobility lease governed by title 1ter of law 89-462 of the law of 6 july 1989 on improving rental relations (if the sentence is not written, the mobility lease is not applicable)
- Consistency, destination, living space of housing
- Designation of premises and equipment for private use which the tenant has exclusive use of and, if necessary, list of parts, equipment and accessories of the building which are the subject of common use and equipment for access to information and communication technologies (e.g. fiber)
- Amount of rent and its terms of payment (monthly, quarterly payment...)
- Amount and date of payment of the last rent applied to the previous tenant, if he left the accommodation less than 18 months before the signature of the lease
- Nature and amount of work carried out in the dwelling since the end of the last rental contract
- Sentence indicating that the landlord is prohibited from asking the tenant for a security deposit
Banned Content
The mobility lease may not contain the following clauses:
- Prohibited clauses in a furnished residential lease
- Clause providing for security deposit
- Clause providing for solidarity between roommates or their bonds
- Clause providing for the renewal or renewal of the mobility lease
The rented accommodation is part of a condominium
Mandatory Content
The lease is in writing and contains the following information:
- Name of the owner and his address, or name and registered office of his representative (example: real estate agency)
- Name of tenant
- Effective date of the lease (the date on which the lease enters into force)
- Lease duration (if not specified, the mobility lease is not applicable)
- Reason justifying the tenant's right to a mobility lease (if this reason is not given, the mobility lease is not applicable)
- Sentence indicating the lease is a mobility lease governed by title 1ter of law 89-462 of the law of 6 july 1989 on improving rental relations (if the sentence is not written, the mobility lease is not applicable)
- Consistency, destination, living space of housing
- Designation of premises and equipment for private use which the tenant has exclusive use of and, if necessary, list of parts, equipment and accessories of the building which are the subject of common use and equipment for access to information and communication technologies (e.g. fiber)
- Amount of rent and its terms of payment (monthly, quarterly payment...)
- Amount and date of payment of the last rent applied to the previous tenant, if he left the accommodation less than 18 months before the signature of the lease
- Nature and amount of work carried out in the dwelling since the end of the last rental contract
- Sentence indicating that the owner is prohibited from applying for a security deposit
Banned Content
The mobility lease may not contain the following clauses:
- Prohibited clauses in a furnished lease
- Clause providing for security deposit
- Clause providing for solidarity between roommates or their bonds
- Clause providing for the renewal or renewal of the mobility lease
Extracts from the co-ownership rules
The landlord must provide the tenant with extracts from the co-ownership agreement that relate to or specify the following:
- Destination of the building
- Use and enjoyment of private and communal areas
- Quota relating to the lot leased in each of the categories of charges
The owner is prohibited from applying for a security deposit.
The owner is authorized to request a surety. In this case, the tenant may in particular resort to the Visal guarantee, including if he is a student.
FYI
there is a list of supporting documents which the owner may require from the guarantor.
The rules for setting the rent depend on the municipality of the dwelling.
There are 3 types of municipalities:
- Paris municipalities, Is Together, Lille (Hellemmes, Lomme), Lyon and Villeurbanne, Montpellier, Bordeaux, Common plain
- municipalities in stretched areas
- the other municipalities
To find out if the dwelling is in a stretched area, you can use this simulator:
Verify that a dwelling is in a stretched area
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Paris, Est Ensemble, Lille (Hellemmes, Lomme), Lyon and Villeurbanne, Montpellier, Plaine commune
The rent is subject to rent control.
Its amount cannot be revised during the lease.
FYI
rent and recoverable charges are due during the tenant's notice (leave), unless the tenant is replaced by another tenant in agreement with the landlord.
Stretched area
The rent is subject to rent control.
Its amount cannot be revised during the lease.
FYI
rent and recoverable charges are due during the tenant's notice (leave), unless the tenant is replaced by another tenant in agreement with the landlord.
Other municipality
The rent is freely fixed by the owner.
Its amount cannot be revised during the lease.
FYI
rent and recoverable charges are due during the tenant's notice (leave), unless the tenant is replaced by another tenant in agreement with the landlord.
The rental charges are paid to the landlord in the form of a lump sum paid simultaneously with the rent.
The amount of the package and the frequency of payment (every month, every 3 months...) are entered in the lease. This amount may not be manifestly disproportionate to the last amount statement by nature of charges.
FYI
the rent and charges are due by the tenant during the entire notice period (leave), unless it is replaced before the end of the notice period by another tenant in agreement with the landlord.
Rental expenses are as follows:
Real estate employee (not housed on site) or caretaker/concierge (resident on site)
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Real Estate Employee
The salary paid to the building employee, and the related social security and tax charges, are fully recoverable (100%) by the owner.
But some expenses are not included as recoverable expenses:
- Salary in kind
- Interest and profit sharing of the company
- Retirement allowances and bonuses
- Redundancy payments
- Contribution to a mutual fund paid by the employer or by the company committee
- Participation of the employer in the company Committee
- Employer participation in construction effort
- Contribution to occupational medicine
Caretaker or janitor (with an official accommodation)
The wages paid to the caretaker and the related social and tax charges are recoverable by the owner to:
- 75% of their amount, if the caretaker ensures the cleaning of the common areas and takes the containers out of the garbage,
- 40% of their amount, if it performs only one of these two tasks.
However, some expenses are not included as recoverable expenses:
- Salary in kind
- Interest and profit sharing of the company
- Retirement allowances and bonuses
- Redundancy payments
- Contribution to a mutual fund paid by the employer or by the company committee
- Participation of the employer in the company Committee
- Employer participation in construction effort
- Contribution to occupational medicine
Elevators and lifts
Some expenses related to the elevator can be passed on to the tenant. In particular:
- Electrical
- Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
- Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
- Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses
FYI
The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.
Cold water, hot water and district heating
Some expenses related to water and heating are recoverable from the tenant, including:
- Cold and hot water for all occupants
- Water required for routine maintenance of common areas, including the treatment plant
- Water required for routine maintenance of outdoor spaces
- Products necessary for the operation, maintenance and treatment of water
- Supply of energy whatever its nature
- Operation of general and individual meters and maintenance of smoke purifiers
- Seal Leak Repair
Individual installations
With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:
- Heating and hot water production
- Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing)
Internal common areas
The expenses remaining to be borne by the tenant in the common parts of the building concern in particular those concerning the following elements:
- Electrical
- Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
- Maintenance of timer, carpets, garbage empties
- Repair of cleaners such as vacuum cleaners
- Maintenance personnel costs
Outdoor spaces
For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:
- Taxiways
- Parking areas
- Approaches to green spaces
- Children's playground equipment
Taxes and fees
The remaining expenses to be borne by the tenant include:
- Tax or charge for the removal of household waste
- Scanning fee
- Fee sanitization
The tenant can ask the landlord to send him a rent receipt free of charge, against the full payment of the rent (including charges). This document indicates that all amounts due have been paid.
If the tenant pays only part of the rent, the landlord must issue a simple receipt.
This letter template can be used to request a receipt from the owner:
If the owner sells the accommodation or gives it away free of charge during the mobility lease, the new owner must provide the tenant with the following information:
- Its name or name
- His domicile or registered office
- Name and address of the real estate agency (if necessary)
The subleasing is possible, provided that the tenant obtains the written agreement of the owner.
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Departure of the tenant
The tenant may terminate the mobility lease at any time, but he must notify in advance the owner of the dwelling (or the real estate agency if the dwelling is managed by an agency). For that, he owes it to him to give leave and respect a period of notice of one month.
It can do this in one of the following 3 ways:
- Registered letter with acknowledgement of receipt
- Act of Commissioner of Justice (formerly bailiff's bill)
- Hand delivery against signed receipt or receipt
Content of the leave
The tenant can write his leave based on this letter template:
Renter with a mobility lease: give notice (leave) to the owner of the accommodation
Start of the period of notice
The period of notice shall begin on the day:
- the receipt of the letter recommended by the owner (or the real estate agency)
- or service of the act of the Commissioner of Justice
- or hand-picking.
Example :
A letter of leave received by the recipient on September 5 gives one month's notice until midnight on October 5 (not October 30).
Where the dates are not identical, this is the last day of that month: a period of one month starting on 30 January expires on 28 February, or on 29 February for leap years.
Holidays and weekends are included in this calculation. If the notice ends on a Sunday, it ends on that day, not the Friday before or the Monday after.
Effect on the payment of rent and charges
The rent and charges are due during the period of notice given by the tenant, unless the accommodation is occupied before the end of the notice by another tenant in agreement with the owner (or real estate agency).
If the notice period ends during the month, the amount of rent and charges you owe for the last month is proportional to the number of days you disposed of the accommodation:
Number of days in the last month of notice | Date the owner received the mail | 1 month notice end date | Amount of rent and charges payable for the last month of notice |
|---|---|---|---|
Last month of 31 days Example: July | June 5 | July 5 | 5/31e |
Last month of 30 days Example: June | May 5 | June 5 | 5/30e |
Last month of 28 days Example: February 2022 | January 5, 2022 | February 5, 2022 | 5/28e |
Last month of 29 days Example: February 2020 | January 5, 2020 | February 5, 2020 | 5/29e |
The landlord wants the house back
When the lease expires, the landlord does not need to give the lessee his or her leave (notice) in order to terminate the mobility lease.
The tenant wants to stay in the apartment
The lease duration can be changed once per agreeable, but the total duration may not exceed 10 months.
When the lease expiresHowever, the tenant and landlord may sign a new lease for the same dwelling, but this new lease must be a "classic" residential lease.
The steps to be taken depend in particular on the type of dispute.
FYI
regardless of the dispute, the tenant must continue to pay rent and expenses. Only the judge can decide to block the payment of rent (excluding charges) to the landlord, pending the resolution of the dispute.
Furnishing
To be considered as furnished dwelling, the dwelling to be rented must contain at least the following furniture:
- Bedding with duvet or blanket
- Shutters or curtains in the rooms
- Cooking plates
- Microwave oven or oven
- Refrigerator
- Freezer or freezer compartment of the refrigerator with a maximum temperature of -6°
- Sufficient dishes for occupants to eat
- Kitchen utensils
- Table
- Seats
- Storage shelves
- Lighting Fixtures
- Household maintenance equipment adapted to the characteristics of the housing (vacuum cleaner if there is carpet, broom and mop for tiles...)
In the event of a dispute, the action to be taken depends on the amount of the dispute:
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice.
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
The judge may decide to re-qualify the lease of a furnished dwelling under lease from empty housing, in the event of failure to comply with the list of essential furniture.
Dispute over €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice.
This is optional.
It's always free.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
The judge may decide to re-qualify the lease of a furnished dwelling under lease from empty housing, in the event of failure to comply with the list of essential furniture.
Lease
In the event of a dispute, the action to be taken depends on the amount of the dispute:
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice.
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Dispute over €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice.
This is optional.
It's always free.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
State of entry and exit
In the event of a dispute, the action to be taken depends on the amount of the dispute:
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice.
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Dispute over €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice.
This is optional.
It's always free.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Indecent housing
If the dwelling is not decent, the tenant must indicate in writing to the landlord the signs of non-compliance of the dwelling with the decency criteria.
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The owner admits indecency
The tenant must have specified by registered letter with acknowledgement of receipt the compliance work that the owner undertakes to carry out, as well as the deadlines for completion.
The owner is disputing the indecency
The tenant must demand that the landlord complete the compliance work. This formal notice shall be given by registered letter with acknowledgement of receipt.
If after 2 months, the formal notice has remained unanswered or the disagreement persists, the tenant or owner may refer the matter to the court registry.
However, it may choose to enter a conciliator of justice.
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