In a tight property market where finding accommodation can sometimes feel like an obstacle course, the bail mobilité (mobility lease) stands out as a modern and flexible alternative for both landlords and tenants. Created by the ELAN law in 2018, this short-term furnished rental contract was specifically designed to meet the flexibility needs of students, young professionals, and people on professional mobility. Whether you are a landlord wishing to make your property profitable without committing to the long term, or a tenant in transition looking for temporary housing in France, discover the complete user guide to this unique legal framework.
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The bail mobilité is a short-term rental contract for a furnished property. It is governed by Law No. 2018-1021 of 23 November 2018 on the evolution of housing, development, and digital technology, known as the ELAN law, which amended Law No. 89-462 of 6 July 1989 by inserting, in particular, Articles 25-12 to 25-18.
Unlike the classic furnished lease of 1 year (or 9 months for students), the bail mobilité offers unprecedented flexibility, but access to it is strictly regulated by law.
To be eligible to sign a bail mobilité, the tenant must imperatively be in one of the following situations on the date the lease takes effect (Article L. 632-1 of the Code de la construction et de l'habitation / Construction and Housing Code):
The tenant must provide proof of their situation (employment contract, internship agreement, student card, etc.) which will be annexed to the lease agreement.
The accommodation must be rented furnished and must constitute the tenant's primary residence during the rental period. It must meet decency criteria (a minimum living space of 9 m² with a ceiling height of at least 2.20 metres, or a volume of 20 m³, absence of risks to safety and health, and minimum energy performance).
In addition, it must be equipped with the mandatory minimum furniture set by Decree No. 2015-981 of 31 July 2015 (bedding, cooking hobs, oven or microwave, refrigerator, tableware, table, chairs, lighting, etc.).
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The formal requirements of the bail mobilité protect both parties, but they impose strict financial and temporal rules that must be mastered.
The duration of the bail mobilité must be between 1 month minimum and 10 months maximum.
This is one of the major specificities of the bail mobilité: the landlord cannot request a security deposit (dépôt de garantie or caution) from the tenant (Article 25-17 of the Law of 6 July 1989). Any clause providing for a security deposit in a bail mobilité is deemed unwritten.
To compensate for this lack of a security deposit and protect the landlord against damage or unpaid rent, the tenant can benefit from the free Garantie Visale scheme managed by Action Logement, which covers unpaid rent and rental damages.
Unlike classic residential leases where charges can be paid "on actual costs" with an annual adjustment, the bail mobilité imposes a flat-rate charge (forfait de charges).
This flat rate is paid simultaneously with the rent. Its amount must be set realistically in relation to the actual charges of the accommodation, but it cannot be subject to any subsequent adjustment (either upwards or downwards). Furthermore, no recovery of the household waste collection tax (taxe d'enlèvement des ordures ménagères) or any other tax can be requested in addition.
If the accommodation is located in a continuous urbanisation zone of more than 50,000 inhabitants where there is a marked imbalance between housing supply and demand (known as zones tendues or high-demand areas, such as Paris, Lyon, Marseille, Lille, etc.), the rent of the bail mobilité is subject to rent control (encadrement des loyers). The applied rent cannot then exceed the increased reference rent (loyer de référence majoré) set by prefectoral decree.
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To better understand the financial functioning of the bail mobilité, let us analyse two concrete situations.
Marie secures a 6-month end-of-study internship in Lyon, from 1 January to 30 June. She finds a furnished studio offered under a bail mobilité.
Jean is a consultant and must carry out a 3-month audit mission in Paris. He rents a one-bedroom flat.
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Setting up a bail mobilité requires following a rigorous formal process to avoid any risk of legal recharacterisation.
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[Step 1: Verification of eligibility]
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[Step 2: Compilation of supporting documents]
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[Step 3: Drafting of the specific written lease]
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[Step 4: Carrying out the move-in inventory]
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[Step 5: Subscribing to guarantees (e.g., Visale)]
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First of all, the landlord must request written proof from the prospective tenant proving their mobility situation (employer's certificate for a relocation, signed internship agreement, school certificate, or enrollment in higher education).
The bail mobilité must be subject to a written contract compliant with the standard model for furnished rental contracts. It must imperatively mention:
As with any rental, a joint move-in inventory (état des lieux d'entrée) and a detailed inventory of the furniture must be carried out and signed by both parties when the keys are handed over. These documents are essential to prove any damage upon departure, especially since no security deposit is held by the landlord.
Since a security deposit is prohibited, the tenant must present their guarantees. The landlord can require a physical guarantor (caution - a relative who acts as a guarantor) or, preferably, the Garantie Visale. The tenant must apply for their visa online before signing the lease, and the landlord must validate this visa on the dedicated portal.
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To secure your real estate transaction, make sure to avoid the classic pitfalls of the bail mobilité:
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No. Unlike the tenant who can give notice at any time with 1 month's notice, the landlord is committed for the entire duration specified in the contract. They cannot terminate the lease early, except in the event of serious fault by the tenant (non-payment of rent, neighborhood disturbances) established by a court of law.
Absolutely not. The bail mobilité is intended for people who establish their temporary primary residence in the accommodation for professional or educational reasons. For tourists, the seasonal rental regime (meublé de tourisme) must be used, which is subject to specific local regulations (declaration at the town hall, authorization for change of use).
Yes, if you go through a real estate agency to find the accommodation or manage the property, fees can be charged. However, the share paid by the tenant is capped by law (the Alur law) and cannot exceed an amount per square metre of living space (between €8 and €12/m² depending on the geographical area, plus €3/m² for the inventory).
If the move-out inventory reveals damage, the landlord cannot retain money from a non-existent deposit. They must send the repair invoice to the tenant or turn to the guarantor (a physical person or an organisation like Action Logement's Garantie Visale) to obtain reimbursement for the restoration costs.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.