Mobility Lease: Is the Security Deposit Really Prohibited? (France)

You've just signed a mobility lease for a six-month assignment in Lyon. The landlord asked you for a €1,650 security deposit, equivalent to two months' rent. You paid without batting an eye, because that's the norm in all rentals, right? Except a mobility lease isn't a standard rental. And that clause is simply prohibited by law.

The question isn't whether the landlord is acting in good faith. The question is whether you'll get your money back without losing more than you bargained for. And to do that, you need to understand one thing: a mobility lease with a security deposit isn't a mobility lease. It's a classic furnished lease in disguise, with all the constraints that entails for you.

The 30-Second Answer

No, the security deposit is prohibited in a mobility lease. Article 25-12 of the law of July 6, 1989 is clear: the mobility lease follows the rules of a standard furnished lease, except for duration, notice period, renewal, and the security deposit. In other words, the legislature explicitly excluded the security deposit from the scope of the mobility lease. If your contract includes one, the clause is null and void, and you can demand its immediate return.

But beware: if the landlord has collected this amount, it's often a sign that they haven't complied with the conditions of the mobility lease. And here, the real risk isn't just the €1,650. It's that the contract could be reclassified as a standard furnished lease, with a three-month notice period instead of one month, and a one-year renewable term instead of a maximum of ten months. Before charging ahead, check whether your situation truly meets the criteria for a mobility lease. Otherwise, you might win a battle and lose the war.

Unsure about the validity of your lease? Upload it to bail.immo to check for risky clauses before engaging in a standoff.

What the Law Says

The mobility lease was created by the ELAN law of November 23, 2018. It is codified in Article 25-12 of Law No. 89-462 of July 6, 1989. Its purpose: to provide furnished housing to people in professional or student mobility, without locking them into the constraints of a standard furnished lease.

The conditions are strict:

The tenant must be a student, in professional training, on a temporary assignment, on a professional transfer, under an apprenticeship contract, on an internship, in voluntary service under a civic service program, or under a professionalization contract.
The duration of the lease is 1 to 10 months, non-renewable, non-extendable.
The housing must be furnished.
The tenant's notice period is one month.
The security deposit is prohibited.

This last point isn't an interpretation. Article 25-12 refers to the provisions of the standard furnished lease (Articles 25-3 to 25-11) but specifies that certain ones do not apply to the mobility lease. Among these exclusions is Article 25-7, which allows the security deposit in standard furnished rentals. Result: in a mobility lease, the landlord cannot require a security deposit, either at signing or during the lease.

Service-public confirms this without ambiguity: in the context of a mobility lease, "the landlord cannot ask for a security deposit." This is a public policy prohibition. No contract clause can override it.

Why This Can Be a Problem

The illegal security deposit isn't just a minor administrative detail. It's a symptom. A landlord who demands €1,650 on a mobility lease is making a mistake that even a law student would spot. So there are two hypotheses:

First hypothesis: ignorance. The landlord used a standard furnished lease template and forgot to remove the clause. This is common, especially among small landlords who manage properties themselves. In this case, a simple formal notice is usually enough to recover the amount.

Second hypothesis: manipulation. The landlord knows full well that the security deposit is prohibited but is counting on your lack of knowledge. Why? Because if they collect a security deposit, it means they anticipate deductions when you leave. And if they anticipate deductions, it means they don't intend to return the full amount. The security deposit then becomes a leverage tool: you'll hesitate to leave, you'll accept unjustified deductions, you'll give up contesting the move-in inspection.

But the real danger lies elsewhere. If the landlord botched the security deposit clause, there's a good chance they also botched the conditions of the mobility lease. Now, if the tenant doesn't meet the criteria (no proof of assignment, no student status, etc.), the lease is reclassified as a standard furnished lease. And then everything changes:

The security deposit becomes legal again, up to two months' rent.
The notice period increases to three months (or one month in high-demand areas, but that's another battle).
The minimum duration becomes one year, renewable.

In other words, if you contest the security deposit without having verified your eligibility for the mobility lease, you risk waking a bigger problem. The landlord could reply: "Fine, this isn't a mobility lease; it's a standard furnished lease. So you owe me a three-month notice period, and the security deposit is perfectly legal."

That's why you need to act methodically, not with anger.

Concrete Example

Take the case of Sarah, 28, an IT consultant. She signs an 8-month mobility lease in Bordeaux for an assignment with a client. The landlord asks for a €1,400 security deposit, equivalent to one and a half months' rent. Sarah pays, moves in, and discovers three weeks later that the security deposit is prohibited in a mobility lease.

She sends a certified letter to the landlord demanding the return of the deposit. The landlord replies: "You're not on a temporary assignment; you're on a permanent contract. This isn't a mobility lease; it's a standard furnished lease. The security deposit is legal, and your notice period is three months."

Sarah is stuck. She has no proof of a temporary assignment, only a permanent contract with an eight-month placement. The mobility lease was indeed fragile. If she had checked her eligibility before contesting, she could have negotiated differently: for example, accepting the reclassification in exchange for a reduced notice period, or negotiating the return of the security deposit as a commercial gesture.

The lesson: never contest an illegal clause without having verified the entire contract. A local victory can hide a strategic defeat.

Exceptions and Special Cases

Mobility lease with an eligible tenant: if you truly meet the criteria (student, temporary assignment, etc.) and the lease respects the 1 to 10-month duration, the security deposit is null. You can demand its immediate return, without waiting for the end of the lease.

Mobility lease with a non-eligible tenant: if you don't meet the criteria, the lease is reclassified as a standard furnished lease. The security deposit becomes legal again, up to two months' rent. You cannot demand its return.

Mobility lease with a corporate landlord: the prohibition on the security deposit also applies to corporate landlords (companies, SCI, etc.). No exceptions.

Mobility lease signed before November 24, 2018: the mobility lease didn't exist before this date. If your contract predates it, it's a different type of lease, and the rules are different.

Mobility lease in shared accommodation: a mobility lease can be signed for shared accommodation, but each co-tenant must meet the eligibility criteria. The security deposit remains prohibited.

Checklist: What to Verify Before Acting?

Your contract is indeed titled "mobility lease" or references Article 25-12 of the law of July 6, 1989.
You meet one of the eligibility criteria: student, professional training, temporary assignment, transfer, apprenticeship, internship, civic service, professionalization contract.
You have written proof: employer's certificate, enrollment certificate, internship agreement, etc.
The lease duration is between 1 and 10 months.
The housing is furnished.
The lease contains no renewal or tacit renewal clause.
The security deposit is mentioned in the lease, with its exact amount.
You have proof of payment: bank statement, receipt, copy of the check.
You've checked that the landlord hasn't inserted other illegal clauses (excessive agency fees, abusive termination clause, etc.).

If you check all the boxes, you're in a strong position. Otherwise, proceed cautiously.

Possible Actions

1. Verify your eligibility for the mobility lease. This is the first step, non-negotiable. If you're not eligible, don't contest the security deposit. You risk having the lease reclassified to your detriment.

2. Gather the evidence. Lease contract, proof of eligibility, proof of payment of the security deposit, written exchanges with the landlord. Everything must be documented.

3. Send a formal notice. By certified mail with return receipt, demand the return of the security deposit within 15 days, citing Article 25-12 of the law of July 6, 1989. Stay factual, not threatening.

4. If the landlord refuses or ignores the request, contact the departmental conciliation commission. It's free and often faster than a lawsuit. The commission issues an opinion, which isn't binding but carries weight in case of litigation.

5. As a last resort, take the matter to the judge for protection disputes. The judicial court of the property's location has jurisdiction. You can request the return of the security deposit and possibly damages if the landlord acted in bad faith.

6. Never stop paying rent. Even if the landlord has committed an illegality, you remain obligated to pay rent. Otherwise, you risk eviction proceedings.

Before sending any letter, have your lease analyzed to check for other risky clauses. Upload your contract to bail.immo and get a clear reading of your rights.

FAQ

Can the landlord ask for a guarantor instead of a security deposit?

Yes. The prohibition on the security deposit doesn't extend to suretyship. The landlord can ask for a guarantor, i.e., a person who commits to paying on your behalf if you default. This is perfectly legal in a mobility lease.

Can I get the security deposit back before the end of the lease?

Yes. Since the security deposit is illegal, you can demand its immediate return, without waiting for the end of the lease. The landlord cannot keep it "as security" until you leave.

What happens if the landlord refuses to return the security deposit?

You can contact the departmental conciliation commission, then the judge for protection disputes. The landlord risks having to return the amount and potentially pay damages.

Can a mobility lease be renewed?

No. A mobility lease is signed for a duration of 1 to 10 months, non-renewable, non-extendable. If the landlord offers a renewal, it's a sign that the contract isn't a true mobility lease.

My mobility lease includes a security deposit and a renewal clause. What should I do?

That's a red flag. Your contract combines two illegalities. It's likely the landlord hasn't complied with the conditions of the mobility lease. Have the contract analyzed before acting, because reclassification as a standard furnished lease could be unfavorable to you.

Sources

Legal Information

The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may evolve at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.

Mobility Lease: Is the Security Deposit Really Prohibited?

Calculer une révision IRL