DO YOU KNOW ABOUT THE MOBILITY LEASE?

The golden age of Airbnb- style tourist rentals is well and truly behind us, not only due to a decline in tourists in the capital following the health crisis, but also because of the heavy administrative burden and the increasing number of inspections and fines imposed by the Paris City Hall. In this context, the new Mobility Lease appears as a preferred option for many landlords, not only because of the flexibility it offers, but also because the state guarantees the tenants' rights.

The mobility lease for what type of accommodation?

It must be a decent, furnished dwelling, with all the minimum equipment necessary for immediate occupancy. This mandatory equipment must include certain items " in sufficient number and quantity to allow the tenant to sleep, eat, and live comfortably according to the requirements of everyday life . "

For what type of tenant?

The mobility lease is intended for people in professional mobility (in professional training, on a seasonal contract or in professional transfer), students, and people in apprenticeship contracts. Until now, there was no lease adapted to this type of situation, that is to say precisely adjusted to the desired rental period.  

Lease term, renewal and termination

The duration of the mobility lease is from 1 to 10 months. It cannot be tacitly renewed, as is the case for furnished leases, nor renewed. The tenant can terminate the lease at any time, subject to compliance with a notice period served within one month. On the owner's side, in the event that a breach by the tenant is noted, which is considered a legitimate reason, he may terminate the lease by taking the matter to court.

Security deposit and shared accommodation

Landlords are prohibited from requesting a security deposit from tenants. However, tenants can request that the State act as guarantor through the VISALE guarantee (VISA for Housing and Employment). For landlords, this guarantee is simple, free, and secure. If rent is not paid, the landlord is assured of receiving full payments without any deductible or waiting period. In the case of shared accommodation, it is illegal to require joint and several liability between roommates or their guarantors.

Rent and Charges

If the mobility lease is secured by the VISALE guarantee , the rent must meet certain conditions. Specifically, the maximum rent cannot exceed €1500 including charges for properties within Paris (€1300 outside Paris). In addition to the VISALE guarantee, the landlord can request a guarantor, in which case there is no rent limit. The charges must be calculated as a fixed amount and cannot be disproportionate compared to the last statement of charges.

The mobility lease contract

The mobility lease must include a certain number of mandatory details, in particular: The reason justifying the right to a mobility lease (failing this, the mobility lease is not applicable)

The origins of the mobility lease : "the rental contract is a mobility lease governed by Title 1 ter of law 89-462 of the law of July 6, 1982 aimed at improving landlord-tenant relations (otherwise, the mobility lease is not applicable)

The last rent received from the previous tenant: amount and date, if they vacated the property less than 18 months before the signing of the new lease.

In the context of a condominium, extracts from the condominium regulations must be attached to the lease.

Tax

Whether the owner is LMP (Professional Furnished Rental) or LMNP (Non-professional Furnished Rental), he will be taxed in the BIC (Industrial and Commercial Profits) category. If his profits are less than €70 per year, he will be attached to the micro-BIC regime, and will benefit from a 000% reduction on his rents. If the rental income exceeds €50 per year, he will depend on the real LMNP regime, and will thus be able to deduct all of his expenses and depreciate the furniture and equipment of his property.

Do you want to rent out your accommodation under a mobility lease?

Our team advises and supports you from the search for the tenant to the signing of the lease and the completion of the inventory. Do not hesitate to contact us by email: polecom@immobilier-abi.com