In addition to the flexibility advantages offered by the mobility lease , it is possible for landlords to simplify shared accommodation.

Solidarity clause

Indeed, there is a major difference compared to long-term furnished leases: there cannot be a solidarity clause between tenants.

Article 8-1 of the law of July 6, 1989, established a principle of joint and several liability between roommates and their guarantors. This meant that the landlord could demand full payment of rent, charges, and related expenses from all roommates in the apartment, without needing to determine which one had failed to meet their obligations. Furthermore, a tenant who has given notice remains jointly liable for the debts of the shared accommodation for six months after their departure, provided they have not been replaced.

In the case of a mobility lease , the ELAN law of November 23, 2018, expressly excluded this clause from the lease. Consequently, each roommate is responsible for their share of the rent and charges. This has the advantage of not disadvantaging the roommate who pays on time. In this case, a separate contract is required for each occupant, and their respective shares must be specified in the lease.

It is therefore possible to draw up a specific rental contract for each occupant, thereby making it easier to rotate each of them and adapting the rental of your accommodation if you have several rooms.

Example: A tenant moves into the apartment on 1/10 for a period of 7 months. His lease covers a (private) bedroom and the common areas. On 25/10, a second tenant moves in for a period of 4 months, and his lease covers a second (private) bedroom and the common areas.

VISALE: the state acts as guarantor

The state guarantees your rents through the VISALE guarantee, which opens the possibility of renting in shared accommodation. In principle, the maximum rent covered under the VISALE guarantee is €1500 for a rental in Paris and the Ile de France region. The rent must then correspond to a maximum of 50% of the tenant's income.

Mobility lease and shared accommodation: conditions

However, in the case of shared accommodation, this maximum amount is multiplied by the number of roommates. For example, if you rent out your 4-room apartment to 3 roommates, the maximum cumulative rent will be €1500 X 3, or €4500. There are 2 scenarios:

> When the lease is signed by two people (with or without family ties): the household is eligible as long as one of the two co-holders is eligible. The income of both people is taken into account to calculate the maximum rent;

> Lease signed by more than two people: each roommate signs a lease with the lessor. Thus, there can only be one eligible person per lease (or 2 people maximum) and the rent covered is that of the individual lease

Are you an owner and would like to rent out your apartment, whether as a shared apartment or not? Our team will find you the tenant(s) and, if you wish, will take care of all the administrative and technical management of your property. 

For any advice on mobility leases, do not hesitate to contact us on 01 44 63 05 10.