Article 3: Procedures for setting up a Mobility Lease in a condominium

Setting up a mobility lease in a condominium requires following a set of specific procedures. This type of rental contract, designed to meet the needs of temporary tenants, must be set up in compliance with co-ownership rules and current legislation. This article outlines the key steps involved in setting up a mobility lease in a calm and compliant manner.

Before entering into a mobility lease, the landlord must check that the condominium bylaws allow this type of rental. Some by-laws may restrict rental periods or impose specific conditions for short-term rentals. Landlords should contact their building manager to obtain an up-to-date copy of the co-ownership by-laws, and check whether there are any specific clauses relating to short-term or temporary rentals.

Owners wishing to rent out their property under a mobility lease must inform the syndic and, where applicable, the management board of their intention. This communication ensures that all stakeholders are aware of the situation and can anticipate potential impacts on the co-ownership, such as the frequent change of tenants. The syndic can also advise the owner on best practices for complying with the co-ownership bylaws and the interests of all co-owners.

The mobility lease is strictly regulated by law. It is imperative that the lease complies with legal conditions, such as a maximum non-renewable duration of 10 months, and that the tenant is in an eligible situation (professional training, higher education, internship, apprenticeship, temporary professional assignment, voluntary commitment, etc.). To comply with the law, the landlord must ensure that the lease contract explicitly mentions these elements.

The mobility lease must be drawn up in accordance with the standard model defined by the ELAN law. This contract includes mandatory information, such as the identity of the parties, a description of the property, the rental period and the rent. Landlords can call on the assistance of a professional to ensure that the contract is in due and proper form, or use the models available online, adapted to legal requirements.

With a potentially higher turnover of tenants, the property manager will need to be vigilant when it comes to managing charges, particularly recoverable rental charges. Landlords must ensure that provisions for charges are correctly calculated and included in the rent. In addition, respect for common areas by temporary tenants must be strictly controlled to avoid nuisance or damage.

It is advisable for the landlord to communicate with the other co-owners to inform them of the implementation of a mobility lease. This transparency helps prevent misunderstandings and maintain good relations within the co-ownership. In the event of recurring problems (noise, damage), this communication also facilitates mediation and conflict resolution.

In the event of a dispute relating to the mobility lease, the syndic can intervene to ensure compliance with the co-ownership regulations. This may include managing complaints from other co-owners, mediating between the parties, and applying the sanctions provided for in the event of non-compliance with the co-ownership regulations. If the conflict persists, a general meeting can be convened to discuss the measures to be taken.

In some cities, setting up a mobility lease may be subject to specific local rules, particularly in terms of rental declarations or limitations imposed by the municipality. Landlords should check with their local council or with a lawyer specialized in real estate law, to ensure that they comply with local regulations, especially in tense areas where rental rules may be stricter.

Setting up a mobility lease in a co-ownership requires careful attention at every stage, from checking the co-ownership regulations to the day-to-day management of charges and common areas. By following these procedures, landlords can ensure that their temporary rental complies with current legislation and co-ownership regulations, while maintaining a good relationship with the other co-owners.