Mobility lease (bail mobilité): duration, conditions, eligible tenants

Created by the ELAN Act of 23 November 2018, the mobility lease (bail mobilité) is a short-term furnished rental contract designed for people on the move: students, interns, employees on assignment or in training. Flexible for the tenant and tightly framed for the landlord, it follows very specific rules that this guide sets out in detail.

What is the mobility lease (bail mobilité)?

The mobility lease is defined in Articles 25-12 et seq. of the Act of 6 July 1989. It is a rental contract covering a furnished dwelling, concluded for a term of one to ten months, non-renewable, for the benefit of a tenant who can show that they are in a situation of mobility on the date the lease takes effect.

The dwelling must be decent and furnished, meaning equipped with the items listed by Decree No. 2015-981 (bedding, cooking hobs, refrigerator, crockery, table, seating, etc.). A mobility lease can therefore never cover an unfurnished dwelling.

Who is eligible for a mobility lease?

On the date the lease takes effect, the tenant must be able to show that they are in one of the following situations:

• vocational training, higher education, an apprenticeship contract or an internship;
• voluntary commitment under a civic service scheme (service civique);
• a job transfer or a temporary assignment as part of their professional activity.

No income requirement applies, and the landlord cannot request proof of the reason beyond a simple sworn statement (déclaration sur l'honneur) at the time of signing. The same person cannot enter into two consecutive mobility leases on the same dwelling with the same landlord.

Duration, renewal and notice period

The term is set freely between one and ten months. The lease may be amended once by rider (avenant), provided the total term does not exceed ten months. When the lease ends, no renewal or tacit continuation is possible: if the landlord and tenant wish to continue, they must conclude a standard furnished lease (one year, or nine months for a student).

The tenant may give notice at any time, with a notice period of just one month. The landlord, however, cannot give notice before the agreed end date: they are bound until the end of the agreed term.

No security deposit, flat-rate charges

A distinctive feature of the mobility lease: the landlord cannot require any security deposit. This prohibition is a matter of public policy (d'ordre public). In return, the mobility lease is eligible for the Visale guarantee from Action Logement, a free surety that covers unpaid rent — a safety net that usefully replaces the deposit.

Rental charges are settled as a flat rate (forfait): a fixed amount paid with the rent, with no annual adjustment or provisional instalment. The flat-rate amount must be proportionate to the charges actually incurred.

Finally, the joint-and-several liability clause between co-tenants is prohibited in a mobility lease: it is deemed unwritten. In the case of a shared tenancy, each tenant is liable only for their own share.

Mobility lease or standard furnished lease: which to choose?

The mobility lease is suitable when the period of occupation is short and known in advance (an internship, an assignment, an academic year). It offers the tenant great flexibility and exempts them from the security deposit. For the landlord, it allows the dwelling to be recovered on a fixed date, with no right for the tenant to remain.

On the other hand, if the tenancy is intended to last or to continue, it is better to opt from the outset for a standard furnished lease: since the mobility lease is not renewable, extending the relationship would mean starting again with a new contract under different rules.