When it was promulgated on November 2018, the ELAN law introduced a new type of lease to facilitate access for people on professional mobility: The Mobility Lease.
What are the specificities? How to set it up? We will explain everything to you.
The law defined the mobility lease as a short-term rental contract for a furnished rental granted to a lessee who, on the date the lease took effect, is in one of the following situations: to be in professional training, graduate studies, apprenticeship contract, internship, voluntary engagement in the context of a civic service, professional change or temporary assignment in the context of his professional activity.
What are the characteristics of the Mobility Lease?
Duration: It can be concluded for a duration between 1 to 10 months. It is non-renewable. It can be modified only once by an amendment only if the total duration of the rental is not more than 10 months.
Termination: The tenant can leave the accommodation prematurely by respecting one month’s notice. This is not the case for the owner who can not give leave to the tenant before the end of the contract.
Guarantee: No deposit can be requested from the tenant. The lessor is however entitled to apply for a guarantee.
Rent and Expenses: The rent provided in the lease can not be revised and rental charges must be fixed. They will be paid simultaneously to the rent and can not be the subject of regularization at the end of the contract.
As you may have guessed, one of the objectives of the mobility lease is to return rental housing formerly used for short term rentals that have remained vacant in major urban areas where regulations tend to tighten.
Indeed, since the contract does not fall into the category of tourist furnished rentals requiring to carry out lengthy and expensive formalities, the lessor owner enjoys various advantages such as to allow to rent to a customer of passage over periods of 1 or 2 months without having the obligation to make a change of use or to register with the Town Hall.
Attention, the law also provides that the mobility contract respects a certain formalism in its drafting (legal notice, reason justifying the benefit of the mobility lease to specify) and its implementation. We strongly advise you to obtain a certified lease model or to approach a property manager if you wish to implement it serenely.