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

The french ELAN law (Evolution of the Housing, Town Planning and Digital Technology) introduced by Emmanuel Macron’s government in November 2018, presents a new approach to renting. One of its main components is the Bail Mobilité (mobility lease).
At Lodgis, we want to let you know about the application conditions and advantages of this new type of furnished rental contract for both landlords and tenants…


What is the Bail Mobilité?

The bail mobilité is a new type of furnished rental contract, created to respond to the specific needs of tenants looking for temporary accommodation, allowing them to access rental properties more easily.


Who is the Bail Mobilité for?

Under the ELAN law, this new type of contract allows future tenants to find temporary accommodation if they are pursuing one of the following:


What are the key aspects of the Bail Mobilité?

This new type of furnished rental contractcomes into place alongside to two already existing types: the Main Residence contract, for 12 month rentals, renewable tacitly, or a 9 month, non-renewable version for students; and the Secondary Residence contract, which is fixed term, from one date to another.

The Bail Mobilité covers all renters in the search of accommodation for a period of 1 to 10 months. It cannot be extended past this time, however if the duration of the initial lease is between 1 and 9 months, it is possible to extend it to the full 10.

The rent demanded for a property is at the discretion of the landlord, except when a property is situated in an area that is covered by a certain rental framework (as set out under the ELAN law, to be announced in the first trimester of 2019). The landlord must fix their rates according to this legal framework.

The tenant, having signed the Bail Mobilité, must give one month’s notice if they wish to terminate the contract.

In cases of flat sharing, the landlord is not permitted to integrate a solidarity clause into the Bail Mobilité.

Some good news for landlords: this new contract does not require you to register at the Town Hall, nor does it necessitate a change in use of the property. The Bail Mobilité therefore allows furnished flats to be rented for several months without having to go through the often lengthy and costly, yet still compulsory, procedure in order to rent short-term, in the same way as AirBnB.

« The introduction of this new type of lease recognises the increased mobility of students and professionals alike. It was important provide a legal framework in which to set out the rights and obligations of both the landlord and the tenant », emphasised Maud Velter, Legal Director at Lodgis.

The final characteristic of the Bail Mobilité is that landlords need not ask their tenants to pay a deposit.
To compensate, the government has promised to back the VISALE guarantee from Action Logement. Signed by the tenant, it covers landlords in the case of unpaid rent and damage caused during the rental period.


The Bail Mobilité: a new opportunity?

At Lodgis, we believe that this new type of rental contract is a real opportunity for both tenants and landlords.

For 20 years, we have worked alongside landlords to adapt to new changes in legislation, while continuing to offer them a service that ensures easy and profitable renting.

In order to respect the new legal framework introduced under the ELAN law, Lodgis proposes to help landlords thinking of offering the Bail Mobilité and ensure that they have full risk coverage, far superior to that they would get from a normal deposit.

With Lodgis, the Bail Mobilité presents for the landlord an opportunity to rent their property short or medium term with total peace of mind.

For more information: "What are the different types of lease for furnished rentals?"


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