The bail mobilité : the new furnished rental contract under the ELAN law

The mobility lease, created by the ELAN law in 2018, facilitates short-term furnished rentals for students and professionals on assignment.

What is the mobility lease?

This system is a rental agreement signed between the owner of a furnished property and a tenant who needs temporary accommodation. This lease has a limited duration: it is signed for a specific period (with a start and end date) ranging from 1 to 10 months, and it cannot be renewed unless the total length of the rental contract does not exceed 10 months overall.

Who is this lease for?

Under the ELAN law, this lease is aimed at people looking for temporary housing for reasons such as higher education, an internship or apprenticeship, professional training, relocation or a temporary work assignment, as well as voluntary service.

Main rules

This lease complements other types of furnished rental agreements and applies to temporary stays from 1 to 10 months. The rent is freely set by the owner, in compliance with rent control regulations if applicable. Although it is signed for a fixed period, the tenant can terminate it at any time with one month’s notice. In shared rentals, no joint liability clause is allowed. No security deposit can be requested, and the Visale guarantee from Action Logement acts as a substitute to cover unpaid rent, service charges, or potential damages.

For owners, this system makes it easier to rent out a property for a few months: there is no need for registration with the town hall or change of use, unlike short-term tourist rentals such as Airbnb.

“This lease acknowledges the growing mobility of students and professionals and provides a clear legal framework to protect both the landlord and the tenant,” explains Alexis Alban, Deputy Managing Director of Lodgis.

Which types of properties are eligible?

To be eligible for this type of lease, the property must meet certain legal requirements in terms of both condition and equipment.

A decent home

A property considered “decent” must meet essential conditions. It must have a minimum living area and include basic essential equipment. The property must also comply with maximum energy consumption standards to ensure good energy efficiency. The health and safety of tenants are paramount; therefore, the home must present no risk to them and must be free from pests or infestations.

Requirements for renting furnished property

The mobility lease is a type of furnished rental. By law, the property must be equipped with at least 11 essential items of furniture and appliances. These must be in good condition to ensure comfort and meet the tenants’ daily needs.

• Quality bedding: duvet or blanket for a comfortable sleep
• Window coverings to ensure proper darkness for sleeping
• Cooking plates essential for meal preparation
• Multifunction oven: conventional oven or microwave for convenient cooking
• Refrigerator with freezer compartment for optimal food preservation
• Complete set of dishes for pleasant meals
• Various kitchen utensils for easy cooking
• Table and chairs for comfortable mealtimes
• Shelves for practical storage
• Appropriate lighting for each room
• Cleaning equipment suited to the property

Specific rules for charges in a mobility lease

To simplify procedures, rental charges for a property rented under a mobility lease are set as a flat fee. This approach is based on a proportional estimate of the “recoverable” charges usually passed on from the owner to the tenant. This estimate is based on the latest available accounting statement. As a result, the landlord does not need to request additional provisions, avoiding adjustments that are often delayed due to the annual closing of accounts by the building’s management company.

Comparison between the mobility lease and other types of leases

This comparison highlights the main differences between the different types of leases.

1/ Mobility lease

Main characteristics:

• Duration: Between 1 and 10 months.
• Target audience: Professionals on assignment (relocation, temporary mission), students, interns, apprentices, voluntary service participants.
• Flexibility: Non-renewable and non-extendable, but can be amended once by an addendum without exceeding 10 months in total.
• Rent: Freely set unless rent control applies.
• Charges: Flat-rate charges.
• Security deposit: None (cannot be requested).
• Termination: The tenant may terminate the lease at any time with one month’s notice.
• Visale guarantee: Available to cover unpaid rent and property damage.

Advantages:

• High flexibility for both tenants and landlords.
• Simplified administrative process.
• Suited to temporary and specific needs.

Disadvantages:

• Lack of stability for tenants once the lease ends, even for planned stays.
• More frequent tenant turnover for landlords.

2/ Furnished lease for a student’s primary residence

Main characteristics:

• Duration: 9 months, corresponding to an academic year.
• Target audience: Students only.
• Flexibility: Not automatically renewable, but a new lease can be signed.
• Rent: Freely set unless rent control applies.
• Charges: Flat-rate or actual charges.
• Security deposit: Limited to one month’s rent.
• Termination: The tenant may terminate with one month’s notice.

Advantages:

• Tailored to the academic calendar.
• Less commitment for landlords compared to a standard lease.
• Relative stability for one academic year.

Disadvantages:

• The student must find new accommodation or sign a new lease every year.
• Less flexible than the mobility lease in terms of duration.

3/ Standard furnished lease for a primary residence

Main characteristics:

• Duration: 1 year, automatically renewable.
• Target audience: Any type of tenant.
• Flexibility: Automatically renewable each year.
• Rent: Freely set unless rent control applies.
• Charges: Flat-rate or actual charges.
• Security deposit: Limited to two months’ rent.
• Termination: The tenant may terminate with one month’s notice.

Advantages:

• Stability for tenants, with automatic yearly renewal.
• Less tenant turnover for landlords.

Disadvantages:

• Less flexible for short-term needs.
• Longer commitment for both landlords and tenants.

Conclusion

Each type of lease has its advantages: flexibility for temporary leases, stability for student leases, and continuity for standard leases. Before choosing, assess your situation and goals!

Want to rent out your property with Lodgis? Contact us to learn more about our tailored services.

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