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Bail mobilité: How France’s short-term rental contracts work

If you're after a short-term rental in France you might be offered a 'bail mobilité' (mobility lease) - here's how these work and whether they're a good deal.

Published: 25 November 2022 10:34 CET
Bail mobilité: How France's short-term rental contracts work
A placard reads "Studio for rent" in Montpellier. (Photo by PASCAL GUYOT / AFP)

The bail mobilité is a relatively recent invention in France. It was created by the Elan law in 2018 and is a rental contract intended for people who have a temporary need for housing due to their professional activity – whether that be a work transfer, temporary posting, or status as a student. 

In order to qualify, the tenant must show proof that at the beginning of the lease they are in one of the following approved situations: enrolled in professional training or higher education, completing an apprenticeship or internship, on a temporary posting or having received a work transfer, or working as a volunteer as “part of a civic service.”

You can find more specific information about these situations on the French government website HERE. 

This essentially means that if you are visiting France for an extended period of time for tourism purposes, you likely would not be able to rent using a bail mobilité. This might be a source of confusion for those who see these lease arrangements advertised on websites such as Airbnb (more on this below). 

There are some rules that lodgings listed as “mobility leases” must follow. They must always be furnished rentals – meaning they are required to provide the tenant with specific items such as bedding, dishes, and other things. You can learn more HERE.

READ MORE: Renting property in France: Should I go for furnished or unfurnished?

Next, the lease itself must be between one to ten months. It cannot exceed ten months. Additionally, mobility leases cannot be renewed. If the tenant and landlord want to renew the rental, it will have to be within the context of a standard furnished rental contract.

With a mobility lease, the owner is not allowed to ask the renter for a security deposit (dépôt de garantie). However, they do have the right to request a guarantor (un garant, or sometimes referred to as a caution). 

In terms of the actual lease itself, it must include certain documents, similar to a standard furnished rental contract. The lease must include an inventory of fixtures (état des lieux), the technical diagnostic file (this includes the energy rating, for example), and if the property is located in a condominium or apartment building, then the regulations concerning common areas. 

The tenant retains the right to move out at any time during the lease – as long as they give one month’s notice to the owner (or the real estate company if the accommodation is managed by an agency). Typically, this is done via registered letter (lettre recommandée) with acknowledgement of receipt.

On the other hand, the landlord cannot terminate the lease before the end date (unless the tenant does not respect their obligations, such as paying rent). 

When it comes to determining the rental price of a dwelling listed under a bail mobilité, the landlord can set the rent by their own standards, as long as the lodging is not located in a zone tendue (housing shortage area) and therefore is not bound by local rent caps. However, rent cannot be revised during the lease and it should be listed within the rental contract.

Finally, if the property is being rented to more than one person (a colocation), the lease cannot require the roomates to have a “solidarity clause.” This is a part of the lease that would outline the requirement of the co-tenant(s) to pay the rents even if another co-tenant gives notice and moves out. Typically, this would also outline when that expectation for the other tenant(s) to cover remaining rents would end. 

Common questions about mobility leases

First, the bail mobilité is often confused with the “secondary-residence lease.” The two differ primarily due to the fact that a mobility lease can constitute a primary residence, depending on the duration of the lease.

The next common question regarding mobility leases is whether it is possible to rent one via an online rental platform, such as Airbnb. The short answer is – yes. However, as mentioned before, the bail mobilité is only available to specific groups of people.

Renting with a mobility lease absolves the requirement to pay the ‘tourist tax’ (taxe de séjour) in certain cities – as it is a residential lease and not a tourist accommodation. The tourist tax is automatically added to Airbnb charges, but in certain French cities such as Paris, Lyon, Bordeaux, Toulouse, Nantes, Lille Nice, Strasbourg, and Marseille, booking with a mobility lease automatically exempts the renter form paying the tourist tax. 

READ MORE: What are the rules on renting out French property on Airbnb?

In other parts of France, people signing mobility leases via Airbnb may be charged a tourist tax, but this can be refunded by request at the local town hall. 

Additionally, renting a property under a mobility lease exempts the owner from having to do a “change of use” declaration with the town hall, as the property will technically continue being used as residential accommodation, rather than touristic. This authorisation is mandatory for furnished tourist accommodation in many French cities.

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PROPERTY

BBQs, plants and laundry: What are the rules in France around balconies?

If you want to grill some ribs, install heavy plants or even hang up your laundry to dry on your balcony in France, then there is one document you'll want to consult beforehand.

Published: 7 May 2024 10:43 CEST
BBQs, plants and laundry: What are the rules in France around balconies?

If you live in an apartment building in France, then you might be curious whether there are any rules regulating what you are allowed and not allowed to do on your French balcony.

The answer is relatively simple: it depends on your copropriété. In France, a copropriété is a type of building that is split up into several different apartments that are individually owned. It is also the name of the individuals who together make up the co-owners of that shared building, similar to a ‘homeowner’s association’.

READ MORE: PROPERTY: What you need to know about ‘copropriété’ fees in France

Most of the time your building will also hire a syndic, or managing agents for the building.

Every copropriété should have a règlement de copropriété, which is a written document outlining all of the operating rules of the building, as well as the rights and olbigations of the ‘co-owners’ and tenants.

This document governs the common areas of the building and the fees that go into the building’s maintenance (les charges), but it can also regulate the use of private areas under certain circumstances. For example, the règlement might have its own rules about the hours that you can do noisy renovation work, or a list of colours allowed for the shutters on your exterior windows.

So can I barbecue on my balcony?

As you may have guessed from above, the règlement de copropriété may outline the rules for balcony or terrace usage.

This means that the document can dictate anything from whether or not you can hang laundry outside to the weight of plants allowed and the rules on barbecues.

The gist is that the regulations governing balconies and what you can do on them vary widely from one apartment building to another.

Some apartment buildings allow for people to use small electric grills for barbecues, while others might ban grilling and barbecuing altogether.

When asking about your balcony, be sure to find out whether any parts of it are considered ‘shared space’.

Under some circumstances, the règlement may deem balcony railings to be part of the shared space, which would have consequences for the minimum amount of maintenance required by the owner. Though, this would be most likely to occur if the upkeep of your balcony’s railing has a direct impact on the structure of the building or other apartments.

Similarly, the document might consider the actual concrete slab of the balcony to be the responsibility of the copropriété for maintenance and upkeep. In this case, if you had a crack in your balcony then the repair costs would fall on the copropriété and not you individually.

How do I find out about the règlement for my building?

If you have a gardien (doorman) you can start by asking him/her. They would likely have a copy on-hand, or they might just know the answer to your question.

Otherwise, you can reach out to the building’s syndic, or you can even request a copy of the document from the land registration service. The latter option will cost €30, and you would need to file a formal request (you can find the form here).

How are these rules decided?

The règlement for the copropriété is voted on in a general meeting of co-owners, and it can be changed.

To do this, you would need to gather the ‘general assembly’ of co-owners in the building. Then you would need to vote. Depending on the nature of the change, French law can require that the co-owners in the building reach a simple majority (most owners present vote yes) or an absolute majority (out of all owners, including those not present, the majority vote yes).

You can find the voting rules on this government website.

In general, the items outlined in the règlement will be justified somehow. For example, the rules related to furniture and plant height/weight might have to do with concerns about safety and ensuring that the concrete slab of the balcony holds up.

But that does not mean that ‘aesthetic’ concerns are irrelevant – your copropriété might consider something like hanging laundry to dry from your balcony to be an ‘aesthetic harm’ (or hygienic concern) for your building.

The standard for all French copropriétés is that anything that changes the exterior appearance of the building is not allowed, and in order to do so, you must get special permission.

READ MORE: The rules for installing air conditioning in your French home

What about local laws and rules?

In certain situations, there might be additional local laws and rules that regulate activities you might want to do on your balcony.

For example, when it comes to BBQs, some areas – especially if there is a drought – will ban or restrict them to avoid the danger of starting wildfires.

Certain legal clauses might restrict charcoal BBQs and allow gas ones, while others could restrict barbecuing to certain times. Check with your local mairie to see if there are restrictions where you live.

READ MORE: What are the rules of having a BBQ in France?

Departmental health regulations may also contain rules that would apply to balconies and terraces.

For example, in Paris the health regulations prohibit the storing of flammable liquids, seeds, bread crumbs or food of any kind on windows, balconies and outside parts of buildings.

It also stipulates that anything hanging from a balcony or window should be done so in a safe manner so that it does not create a dangerous environment for passers-by or other building occupants.

Overall, you can do what you want with and on your balcony, as long as you comply with the copropriété rules and existing local or departmental health/safety regulations, you do not alter the external appearance of the building or carry out any large-scale, structural work that you’d need a permit for, and as long as whatever you do/install on your balcony does not create a safety risk.

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