What are the rules of a mobility lease?

Verified 15 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

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 engagement in 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)

Housing must to be decent, i.e. it must have a minimum surface area, include certain minimum equipment, have a maximum energy consumption, not harm the health or safety of the tenant and not be infested with 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:

Technical diagnosis

The lease must include an annex real estate technical diagnosis.

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
Technical diagnosis

The lease must include an annex real estate technical diagnosis.

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:

Whether a dwelling is located in a tense area (notice from the tenant and rent control)

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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.

Every month, the owner must send the assessment of the consumption of heat, cold and domestic hot water in the dwelling, where the building is equipped with individual heat meters that can be remotely lifted, measuring devices that can be remotely lifted to determine the quantity of cold, a device for individualizing the costs of domestic hot water.

When the dwelling is in a condominium, the owner must transmit the information he receives from the trustee.

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:

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:

Request a rent receipt from the landlord (or real estate agency)

The landlord may sell the dwelling, or give it away free of charge, while the mobility lease is in progress.

The new owner must provide the following information to the tenant:

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

The tenant stays in the premises and sees his lease continue under the same conditions with this new owner.

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 one-month notice period.

This can be done as follows:

  • Either by registered letter with acknowledgement of receipt
  • Either by act of commissioner of justice (formerly bailiff's bill)
  • Either by hand delivery against signature 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-over

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:

Example :

  • Where the last month of notice has 30 daysand the notice ends on the 5th, the amount due for the last month is 5/30e of the monthly amount.
  • Where the last month of notice has 31 daysand the notice ends on the 5th, the amount due for the last month is 5/31e of the monthly amount.
  • Where the last month of notice has 28 daysand the notice ends on the 5th, the amount due for the last month is 5/28e of the monthly amount.
  • Where the last month of notice has 29 daysand the notice ends on the 5th, the amount due for the last month is 5/29e of the monthly amount.

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 tenant or landlord (or their representative), 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 tenant or landlord (or their representative), 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 tenant or landlord (or their representative), 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 tenant or landlord (or their representative), 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 tenant or landlord (or their representative), 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 tenant or landlord (or their representative), 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 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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