Obligations of Condominium Managers in the event of a Mobility Lease

The mobility lease, introduced by the 2018 ELAN law, is a specific rental contract, particularly suited to tenants in temporary situations, such as students, interns, or people on professional assignments. It is distinguished by its short duration, ranging from 1 to 10 months, non-renewable. But what are the obligations of condominium managers when a mobility lease is set up in a condominium?

The managing agent is obliged to maintain transparent communication with co-owners and the management committee. When an owner decides to rent out his or her property under a mobility lease, the managing agent must be informed, and must pass on this information to the co-ownership council, which is responsible for the proper management of the common areas and the interests of the co-ownership. This communication is essential to anticipate any problems arising from the rapid turnover of tenants, particularly in terms of security and management of common areas.

In some cases, condominium bylaws may need to be modified or adapted to take into account the specific features of a mobility lease. The managing agent must ensure that the bylaws do not contain any clauses that conflict with the specific features of this type of lease, such as temporary occupation of the premises. If adjustments are necessary, the managing agent must organize a general meeting to propose modifications, which must be approved by a vote of the co-owners.

Condominium charges are often a source of dispute, especially when the turnover of tenants is high, as is the case with mobility leases. The managing agent must ensure that charges are correctly distributed among co-owners, taking into account the temporary nature of the occupants. Particular vigilance is required for charges linked to individual consumption (water, heating, etc.), which can fluctuate more with the frequent change of tenants.

The building manager is also responsible for ensuring the proper use of the common areas. With a mobility lease, the rapid turnover of tenants can lead to tension and damage. The building manager must therefore keep a close eye on the state of the premises, and intervene rapidly in the event of a problem. It is also part of his role to remind landlords of their responsibilities towards their tenants, particularly with regard to compliance with the condominium bylaws.

When disputes arise between tenants or owners, or concerning the use of common areas, the syndic is often called upon to intervene. His role is to mediate and ensure that the co-ownership rules are respected. If necessary, he can also propose solutions at the general meeting to improve the management of contentious situations linked to this type of lease.

As with any tenancy in a condominium, the property manager is responsible for ensuring that landlords meet their financial obligations to the condominium, including the payment of utilities. If they fail to do so, he must initiate the usual collection procedures. In addition, he must be transparent about the management of funds, particularly when tenants change frequently, to avoid any confusion or misunderstanding about contributions due.

While the mobility lease offers advantages for tenants and landlords, it also requires increased vigilance on the part of the condominium manager. Between managing information, adapting regulations and distributing charges, the syndic plays a key role in ensuring the proper management of the co-ownership, while respecting the specific features of this type of lease. It is therefore essential for the syndic to be well-informed and proactive in order to avoid potential problems linked to the implementation of a mobility lease within the co-ownership.