The mobility lease of the Elan Law: everything you need to know

Created by the ELAN (Evolution of Housing, Planning and Digital) law and implemented from November 2018, the mobility lease promotes professional mobility. More flexible than the traditional lease, it is more suitable for those who need to stay during a contract or a temporary mission.

What is the mobility lease?

The mobility lease is a short-term rental contract that applies only to furnished rentals. More flexible than a conventional lease, it allows easier access to housing for people with professional mobility, but only under certain conditions. This type of rental is developing more and more in Paris, Airbnb type rentals being more and more supervised. You can consult here our short term rentals in Paris, available with the mobility lease when the duration is more than one month.

Who can benefit of the mobility lease ?

The mobility lease is one of the best solutions for people who need to find temporary accommodation, for short- or medium-term rentals and to be assured of being able to move quickly and without difficulties.

Specifically, the mobility lease concerns students who must find a furnished apartment for the time of an internship or for their studies, people in situations of professional mobility, whether for a temporary mission, the time of training, for an apprenticeship contract, for seasonal workers or as part of a commitment to civic service.

It can also be a great way to benefit from a temporary furnished apartment for expatriates upon arrival in the country, or as part of a transfer, allowing them to discover the city and know in which neighborhood they would like to settle in afterwards. It is also interesting for the impatriates, on their return from expatriation, while waiting to recover or acquire their own home. Moreover, to help you in the search for your accommodation and benefit from a temporary apartment on your return from expatriation or for a transfer, you can get help in your steps by a relocation agency.

It should be noted that the tenant must justify his right to rent a furnished dwelling via the mobility lease by providing a copy of his contract or his internship agreement for example.

How long is the mobility lease?

Unlike a conventional contract for a furnished rental, the duration of the mobility lease must be between a minimum of 1 month and a maximum of 10. If it is not renewable, however, it can be reviewed during the rental, for example to be extended, provided that the total duration of the tenancy does not exceed 10 months. The contract can only be changed once. At its end, the landlord will be able to either recover his dwelling or extend the contract of his tenant but in this case they will switch to a conventional lease.

Unless the lessor defaults, it cannot terminate the current lease. The tenant, on the other hand, can leave the dwelling whenever he wishes by sending a letter recommended with notice of receipt,by act of bailiff or via a hand-delivered against signature or receipt. He will then have to respect one month’s notice from the time the courier receives the mail.

What are the conditions for renting your home with a mobility lease?

The landlord must ensure that his accommodation is decent and guarantee the tenant a minimum of equipment such as bedding with blanket or duvet, a refrigerator, enough dishes and kitchen utensils, a table, etc. Check out the full list.

What are the terms and guarantees for tenants and landlords?

To rent the property via the mobility lease, the lessor does not need any authorization or to make an administrative declaration. The tenant does not have to pay a security deposit. However, the landlord can, thanks to the Visale guarantee, apply for a deposit, i.e. guarantors, who agree to pay expenses and rents if unpaid by the tenant or to be covered in case of possible deterioration of the dwelling.

What are the rules for rent and rental charges?

The amount of rent is set by the landlord – unless it is located in a tense area and in this case it is subject to the rent control rule – and cannot be changed for the duration of the lease. As for rental expenses, they are paid by the tenant in the form of a package established by the landlord who also sets the periods of payments himself.

Is it possible to roommate?

For students in particular, co-location often proves to be the best way to find housing more easily while reducing the cost of rent. With the mobility lease, the roommate is possible, on the other hand, the lessor will not be able to apply the solidarity clauses between the roommates or their bonds.

What about taxation?

On the tax side, as with other ordinary furnished rentals, rents collected from renting with a mobility lease are taxed in the category of industrial and commercial profits (BIC).

To establish a formal mobility lease, here is the procedure to follow.