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What are the rules of a mobility lease?

Verified 25 août 2021 - Legal and Administrative Information Directorate (Prime Minister)

The mobility lease is a lease signed between the owner of a furnished dwelling and a tenant considered to be temporary occupant (student, employee on temporary mission or in vocational training...). The lease lasts from 1 to 10 months. At lease maturity, the owner and tenant cannot sign a new mobility lease for the same accommodation.

Only some people can be the tenant (or roommate) of mobility lease.

At the time the lease comes into effect (which date may be different from the date the lease was signed), the tenant must be in one of the following situations:

  • Vocational Training
  • Graduate
  • Learning contract
  • Stage
  • Voluntary commitment under a civil service
  • Business Transfer
  • Temporary mission in the context of professional activity

The subletting is possible, provided that the tenant obtains the written agreement of the owner.

Furnished accommodation is accommodation decent with at least the following furniture:

  • Bedding with duvet or blanket
  • Shutters or curtains in the rooms
  • Cooking plates
  • Oven or microwave
  • Refrigerator
  • Freezer or refrigerator freezer compartment with a maximum temperature of -6°
  • Sufficient crockery for the occupants to take meals
  • Kitchenware
  • Table
  • Seats
  • Storage shelves
  • Light
  • Household maintenance equipment adapted to the characteristics of the accommodation (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 duration of the lease can be changed 1 time per attractive, but the total duration may not exceed 10 months.

At lease maturity, if the tenant and the owner sign a new lease for the same dwelling, then this new lease is obligatory "conventional" housing lease.

General case

Required Content

The lease is in writing.

It contains the following information:

  • Name of the owner and address, or name and registered office of his agent (e.g. real estate agency)
  • Tenant Name
  • Effective date of lease (the date the lease comes into force)
  • Lease duration (if this duration is not specified, the mobility lease not applicable)
  • Reason for the tenant's right to mobility lease (if this reason is not specified, the mobility lease not applicable)
  • Sentence indicating the rental contract is a mobility lease governed by title 1ter ter of the law 89-462 of the law of july 6, 1989 to improve the rental relations (if the sentence is not written, the mobility lease is not applicable)
  • Consistency destination, living area housing
  • Designation of the premises and equipment for private use of which the tenant has exclusive use and, if necessary, enumeration of the parts, equipment and accessories of the building for common use and of the equipment for access to information and communication technologies (e.g. fibre)
  • Amount of rent and its payment terms (monthly, quarterly...)
  • Amount and date of payment of the last rent applied to the previous tenant, if he left the dwelling less than 18 months before signing the lease
  • Nature and amount of work carried out in the dwelling since the end of the last lease
  • Sentence indicating that the landlord is prohibited from requesting a tenant security deposit
Forbidden Content

The mobility lease cannot contain the following clauses:

The rented accommodation is part of a condominium

Required Content

The lease shall be in writing and shall contain the following information:

  • Name of the owner and address, or name and registered office of the owner's representative (example: real estate agency)
  • Tenant Name
  • Effective date of lease (the date the lease comes into force)
  • Lease duration (if this duration is not specified, the mobility lease not applicable)
  • Reason for the tenant's right to mobility lease (if this reason is not specified, the mobility lease not applicable)
  • Sentence indicating the rental contract is a mobility lease governed by title 1ter ter of the law 89-462 of the law of july 6, 1989 to improve the rental relations (if the sentence is not written, the mobility lease is not applicable)
  • Consistency destination, living area housing
  • Designation of the premises and equipment for private use of which the tenant has exclusive use and, if necessary, enumeration of the parts, equipment and accessories of the building for common use and of the equipment for access to information and communication technologies (e.g. fibre)
  • Amount of rent and its payment terms (monthly, quarterly...)
  • Amount and date of payment of the last rent applied to the previous tenant, if he left the dwelling less than 18 months before signing the lease
  • Nature and amount of work carried out in the dwelling since the end of the last lease
  • Sentence indicating that the owner is prohibited from requesting security deposit
Forbidden Content

The mobility lease cannot contain the following clauses:

Excerpts from Condominium Settlement

The landlord shall provide the tenant with extracts from the condominium settlement concerning or specifying the following:

  • Destination of the building
  • Enjoy and use of private and communal areas
  • Share relating to the leased lot in each of the categories of charges

The owner is prohibited from requesting security deposit.

The owner is authorised to request a deposit. In this case, the tenant may in particular use the Visal warranty, including if he is a student.

The rules for setting the rent depend on the location of the dwelling.

You can use this simulator to determine whether or not the housing is located in a tight area:

Check if a slot is in a tense area

Directorate of Legal and Administrative Information (Dila) - Prime Minister

General case

The rent is freely fixed by the owner.

Its amount cannot be revised during lease.

  FYI : the rent and recoverable expenses are due during the tenant's notice (leave), unless the tenant is replaced by another tenant in agreement with the landlord.

Tense Area

The rent is subject to rent guidelines.

Its amount cannot be revised during lease.

  FYI : the rent and recoverable expenses are due during the tenant's notice (leave), unless the tenant is replaced by another tenant in agreement with the landlord.

The rental expenses are paid to the landlord in the form of a package paid simultaneously to the rent.

The amount of the package and the frequency of payment (every month, every 3 months...) are recorded in the lease. This amount cannot be manifestly disproportionate to the last nature of charges.

  FYI : the rent and expenses 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:

Building worker (not on site) or caretaker/concierge (resident on site)

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Real Estate Employee

The wages paid to the building worker and the associated social and tax charges are fully (100%) recoverable by the owner.

However, some expenses are not part of the recoverable expenses:

  • Salary in kind
  • Interest and participation in company profits
  • Retirement allowances and premiums
  • Termination benefits
  • Contribution to a mutual fund taken over by the employer or the company committee
  • Employer's participation in the company Committee
  • Employer participation in construction effort
  • Occupational health contribution

Guardian or concierge (with office accommodation)

The wages paid to the guardian and the associated social and tax charges are recoverable by the owner to:

  • 75% of their amount, if the guard cleans the common areas and takes out containers of garbage,
  • 40 % of their amount, if it only provides one or the other of these 2 tasks.

However, some expenses are not part of the recoverable expenses:

  • Salary in kind
  • Interest and participation in company profits
  • Retirement allowances and premiums
  • Termination benefits
  • Contribution to a mutual fund taken over by the employer or the company committee
  • Employer's participation in the company Committee
  • Employer participation in construction effort
  • Occupational health contribution
Lifts and lift

Some expenses related to the lift can be passed on to the tenant. In particular:

  • Electricity
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual review of the cables, maintenance company record of technical visits, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils required, cabin lighting lamps)
  • Minor repairs to the cabin (change of send buttons, door handles), bearings (mechanical, electric or pneumatic door closures) and fuses
Cold water, hot water and collective heating

Some water and heating expenses are recoverable on the tenant, including:

  • Cold and warm water of all occupants
  • Water required for the servicing of common areas, including the sewage treatment plant
  • Water required for the servicing of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy regardless of its nature
  • Operation of general and individual metres and maintenance of smoke scrubbers
  • Repair of leaks on joints
Individual installations

With regard to individual installations, the costs remaining to the tenant include:

  • Heating and hot water production
  • Water distribution in the private parts (control of connections, flow and temperature control, troubleshooting, replacement of the seals bells of the water tanks)
Internal common areas

The expenses remaining to be borne by the tenant in the common areas of the building concern in particular those concerning the following:

  • Electricity
  • Supply of cleaning products (brooms and bags necessary for waste disposal) and disinsection and disinfection products
  • Maintenance of timer, carpets, garbage
  • Repair of cleaning equipment such as vacuum cleaner
  • Maintenance personnel costs
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Traffic lanes
  • Parking areas
  • Green Area Approaches
  • Children's play facilities
Taxes and fees

The expenses remaining to the tenant include:

The tenant can ask the landlord to send him a free rent receipt, against 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.

You can use this letter template to request that the owner send a receipt:

Request a rental receipt from the landlord

National Institute of Consumer Affairs (INC)

If the owner sells the accommodation or transfers it free of charge during the mobility lease, the new owner must provide the tenant with the following information:

  • Its name or name
  • Its domicile or registered office
  • Name and address of real estate agency (if necessary)

Tenant Departure

The tenant can terminate the mobility lease at any time, but must meet a 1-month notice period.

It can do this in one of the following 3 ways:

  • Recommended letter with request for receipt
  • Act of bailiff
  • Discount against receipt or outflow

The notice period runs from the day:

  • receipt of the letter recommended by the owner
  • or service of the bailiff's deed
  • or hand-over.

Example :

A letter of leave received by the owner on September 5 carries a 1-month notice period until midnight October 5 (not until October 30).

If the numbers are not the same, this is the last day of this month: a period of 1 month beginning on january 30 expires on february 28, or on february 29 for leap years.

Holidays and weekends are included in this calculation. If the notice ends on a Sunday, it ends on that day, not on the previous Friday or the following Monday.

The rent and expenses 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.

During the last month of the notice period, the rent due by the tenant is fixed in proportion to the number of days remaining in the month.

For example:

Tenant: examples of the amount payable for the last month of notice (1 month notice)

Number of days of last month's notice

The date the owner received the mail

End date of 1 month notice

Amount of rent and charges to be paid for last month's notice

Last month of 31 days

5 June 2020

5 July 2020

5/31e (July = 31 days)

Last month of 30 days

5 May 2020

5 June 2020

5/30e (June = 30 days)

Last month of 28 days

5 January 2021

5 February 2021

5/28e (February 2021 = 28 days)

Last month of 29 days

5 January 2020

5 February 2020

5/29e (February 2020 = 29 days)

The landlord wants the house back

At lease maturity, the landlord does not need to give notice to the tenant to end the mobility lease.

The tenant wants to stay in the house

The duration of the lease can be changed 1 time per attractive, but the total duration may not exceed 10 months.

At lease maturity, the tenant and the owner can sign a new lease for the same dwelling, but this new lease is obligatory "conventional" housing lease.

The steps to be taken depend in particular on the type of litigation.

  FYI : regardless of the dispute, the tenant must continue to pay the rent and expenses. Only the judge can decide to block the payment of the rent (excluding charges) to the owner, pending the resolution of the dispute.

Furnishing

Litigation less than or equal to 5 000 €

Email recommended

If you can't speak to yourself, you can send a registered email with acknowledgement.

The letter must describe the facts as precisely as possible.

You have to attach documents to support your proposal (laws, regulations, invoices, photos...).

Reconciliation (required)

If you don't win the case with the registered mail, you need to reconcile with judicial conciliator.

This procedure is free.

Seize judge

You must refer the case to the protection court of the court on which the rented accommodation depends.

You have 3 years to do it after the dispute has arisen.

Litigation over € 5,000

Email recommended

If you can't speak to yourself, you can send a registered email with acknowledgement.

The letter must describe the facts as precisely as possible.

You have to attach documents to support your proposal (laws, regulations, invoices, photos...).

Reconciliation (optional)

If you don't get the right message with the registered mail, it might be helpful to have a conciliation with a judicial conciliator.

This is optional.

It's always free.

Seize judge

You must refer the case to the protection court of the court on which the rented accommodation depends.

You have 3 years to do it after the dispute has arisen.

Lease

Litigation less than or equal to 5 000 €

Email recommended

If you can't speak to yourself, you can send a registered email with acknowledgement.

The letter must describe the facts as precisely as possible.

You have to attach documents to support your proposal (laws, regulations, invoices, photos...).

Reconciliation (required)

If you don't win the case with the registered mail, you need to reconcile with judicial conciliator.

This procedure is free.

Seize judge

You must refer the case to the protection court of the court on which the rented accommodation depends.

You have 3 years to do it after the dispute has arisen.

Litigation over € 5,000

Email recommended

If you can't speak to yourself, you can send a registered email with acknowledgement.

The letter must describe the facts as precisely as possible.

You have to attach documents to support your proposal (laws, regulations, invoices, photos...).

Reconciliation (optional)

If you don't get the right message with the registered mail, it might be helpful to have a conciliation with a judicial conciliator.

This is optional.

It's always free.

Seize judge

You must refer the case to the protection court of the court on which the rented accommodation depends.

You have 3 years to do it after the dispute has arisen.

Entry and exit status

Litigation less than or equal to 5 000 €

Email recommended

If you can't speak to yourself, you can send a registered email with acknowledgement.

The letter must describe the facts as precisely as possible.

You have to attach documents to support your proposal (laws, regulations, invoices, photos...).

Reconciliation (required)

If you don't win the case with the registered mail, you need to reconcile with judicial conciliator.

This procedure is free.

Seize judge

You must refer the case to the protection court of the court on which the rented accommodation depends.

You have 3 years to do it after the dispute has arisen.

Litigation over € 5,000

Email recommended

If you can't speak to yourself, you can send a registered email with acknowledgement.

The letter must describe the facts as precisely as possible.

You have to attach documents to support your proposal (laws, regulations, invoices, photos...).

Reconciliation (optional)

If you don't get the right message with the registered mail, it might be helpful to have a conciliation with a judicial conciliator.

This is optional.

It's always free.

Seize judge

You must refer the case to the protection court of the court on which the rented accommodation depends.

You have 3 years to do it after the dispute has arisen.

Indecent housing

If the dwelling is not suitable, the tenant must indicate in writing to the owner the signs of non-compliance of the dwelling decency criteria.

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If the owner recognises the non-decency

The tenant shall specify by registered letter with acknowledgement of receipt the conformity work which the owner undertakes to carry out, as well as the deadlines for completion.

If the owner disputes the non-decency

The lessee must demand that the owner carry out the conformity work. This notification shall be made by registered letter with acknowledgement of receipt.

If after 2 months, the notice has not been answered or the disagreement persists, the tenant or the owner may refer the matter to the court office.

However, it may choose to enter a judicial conciliator.