When an owner rents out a furnished apartment on a temporary, non-renewable basis, choosing the right lease agreement is a crucial step. There are significant differences between a standard lease under the Civil Code and a mobility lease, both legally and in practice.
Choosing the right lease allows you to tailor the rental to the tenant’s profile, secure the contractual relationship, and optimize the management of your apartment.
1. The Civil Code lease: a flexible rental agreement
A Civil Code lease is a rental agreement governed by the general provisions of the Civil Code (Articles 1708–1762, in French), rather than by specific laws such as those governing commercial or residential leases. It is used for rentals that do not constitute the tenant’s primary residence.
It offers significant contractual flexibility between the parties:
- freely determined length (from one year upwards)
- customizable termination conditions
- flexible security deposit (though we recommend limiting it to a maximum of two months)
This flexibility makes it a particularly suitable tool for specific types of rentals, notably corporate or international rentals, or those for people seeking a pied-à-terre in Paris.
In return, the lease must be drafted with precision to avoid any risk of it being reclassified as a standard residential lease subject to the law of July 6, 1989 (in French).
Who is each type of lease intended for?
The Civil Code lease
This lease is appropriate when the property is not the tenant’s primary residence. It is often used for:
- leases to businesses
- executives on business trips
- expatriates or employees on assignment
- properties used as a pied-à-terre
The mobility lease
The mobility lease is intended for tenants in situations of justified temporary mobility. It cannot be used for long-term residency.
It is a highly regulated contract, designed to meet a need for simple and secure temporary housing.
Duration and conditions of leases
Civil Code lease: a high degree of flexibility
The Civil Code lease allows for flexible structuring of the tenancy:
- adaptable term, but with a minimum of one year
- negotiable notice period
- flexibility regarding the rent amount
2. The mobility lease: a strict framework similar to a standard lease (ALUR law)
The mobility lease is a furnished rental agreement designed to meet temporary housing needs.
It is intended solely for certain groups:
- students
- interns
- employees on assignment or in professional mobility
- people in training
- civic service volunteers
Its duration is strictly regulated: between 1 and 10 months, with no automatic renewal or tacit extension.
Important clarification: the mobility lease is not a short-term rental (such as Airbnb)!
Although the mobility lease is a temporary furnished rental agreement, it is important to understand that it is not considered a short-term tourist rental (such as Airbnb).
The mobility lease is strictly a residential lease governed by French law, intended solely for tenants in situations of temporary professional or student mobility (students, interns, employees on assignment, etc.).
This type of lease is governed by law and must comply with the following principles:
- subject to rent control
- agency fees shared between the tenant and the landlord
- term limited to 1 to 10 months
- no renewal permitted
- exclusively for temporary use
It follows a simple logic: to facilitate short-term furnished rentals.
Unlike seasonal rentals:
- it is not a tourist rental contract
- it is not intended for short-term tourist stays
- it falls under French rental law and not under regulations governing short-term rentals
👉 In other words, the mobility lease remains a medium-term residential rental framework, even though its duration is limited to between 1 and 10 months.
This distinction is essential for owners in Paris, where short-term rentals (such as Airbnb) are highly regulated and may require specific authorizations or procedures to change the property’s designated use.
The mobility lease does not allow these rules to be circumvented: it follows a completely different logic, that of temporary housing for eligible tenants in situations of mobility.
3. Important points to note
Civil Code lease
The Civil Code lease must not be used to circumvent the regulations governing standard residential leases. It applies only when the property is not the tenant’s primary residence.
In the event of improper use, the contract may be reclassified under the law.
Mobility lease
The mobility lease requires verification of the tenant’s eligibility. The tenant must provide proof of a temporary mobility situation and, above all, comply with rent control regulations.
Without this, the contract is invalid.
4. Which lease should you choose for your rental?
The choice depends primarily on the tenant’s profile:
✔️ Choose the Civil Code lease if:
- you are renting to a company or a professional on a business trip
- the tenant already has a primary residence elsewhere
- you are looking for significant contractual flexibility
✔️ Choose the mobility lease if:
- the tenant is on an internship, assignment, or training program
- the rental is strictly temporary
- you want a simple and secure framework
Conclusion
The Civil Code lease and the mobility lease address two different approaches to furnished rentals.
The Civil Code lease offers a great deal of flexibility and is designed for specific situations involving properties other than a primary residence.
The mobility lease is a regulated contract, ideal for temporary stays.
The right choice always depends on the tenant’s actual situation and the landlord’s rental strategy.
A well-chosen contract helps secure the rental, avoid disputes, and maximize the property’s profitability.
Need help choosing the right lease?
At My Apartment in Paris, we assist landlords in selecting the contract best suited to their situation and rental strategy.
Contact our team for your furnished rental and to optimize the management of your property.
Property owners: contact us!
