Nice's 90-day rule for short-term rentals: is it still 90 days, and when does a mobility lease fit?

Nice's 90-day rule for short-term rentals applied to primary residences from 1 January to 31 August 2026. Since 1 September 2026, the cap is 120 days per calendar year. For a property that is not your main home, the limit lies elsewhere: a change-of-use authorisation from the first night, or a bail mobilité (mobility lease) of 1 to 10 months.

Nice's 90-day rule: is the short-term rental cap 90 or 120 days in 2026?

The 90-day question in Nice comes from the Loi Le Meur of 19 November 2024 (law no. 2024-1039). It lets a municipality lower, by a reasoned council decision, the maximum number of days a primary residence can be let as tourist accommodation, from 120 down to 90 days per calendar year. The key dates for Nice:

• 23 May 2025: the city council adopts decision no. 1.6, lowering the cap from 120 to 90 days per calendar year, effective 1 January 2026.
• 19 June 2026: the city council adopts decision no. 5.2, raising the cap to 120 days instead of 90.
• 1 September 2026: the Métropole Nice Côte d'Azur tourist tax portal announces that the 120-day cap per calendar year applies from this date.

The same June 2026 decision asks the Métropole to prepare new rules for 1 January 2027. Nice's cap has therefore changed twice in 18 months. A page published before September 2026 that states 90 days describes a rule that no longer applies. Town-by-town detail for the coast is on our page on the French Riviera legal framework.

Which owners does the Nice primary residence cap apply to?

The cap only covers a primary residence: a home occupied at least eight months a year, except for work obligations, health reasons or force majeure (article 2 of the law of 6 July 1989). Nights let to guests do not count as months of occupation.

• Up to 120 days a year: Nice's change-of-use regulation (22 June 2026) exempts a primary residence from authorisation. Registration of the rental and the tourist tax remain mandatory.
• Beyond 120 days: the home loses its primary residence status and falls under the second-home regime.
• Platforms: the French Tourism Code requires them to block bookings of a primary residence beyond the cap.
• Fine for exceeding the cap: Article L. 324-1-1 of the French Tourism Code sets a civil fine of up to €15,000 per property, in the version in force since 20 May 2026 (€10,000 before). Service-public.gouv.fr expects the national registration service in the fourth quarter of 2026.

Second homes in Nice: change-of-use authorisation from the first night

For a property you do not occupy eight months a year, the 90 or 120-day cap does not apply. The Métropole regulation of 22 June 2026 states that change-of-use authorisation for second homes is mandatory from the first night. Change of use (changement d'usage) is the mayor's authorisation to turn a home into tourist accommodation.

• Temporary authorisation: one per owner, personal, valid for 5 years and not renewable.
• Quotas: in four sectors (Vieux-Nice, Riquier-Port-Mont Boron, Centre-Ville, Ouest), a maximum of 691 authorisations for 2026, on applications filed online between 1 September and 31 December 2026.
• Compensation: mandatory from an owner's second property or once the 5 years end. It means converting a space with another use into housing.
• Commercial companies: subject to compensation from the first property.

Applications in quota areas were suspended in early 2026, after a Nice administrative court order of 29 January 2026 on how quotas were calculated. The June 2026 decision takes this into account.

Bail mobilité in Nice: length, eligible tenants, deposit

The bail mobilité (mobility lease) is a furnished lease governed by title I ter of the law of 6 July 1989. The tenant makes the property their home, so it is not tourist accommodation, as the ministry guide points out. Nice's regulation lists properties let under a mobility lease as residential premises. A property let only on mobility leases needs no change-of-use authorisation and sits outside the 120-day cap.

The mobility lease rules, according to service-public.gouv.fr:

1. Length: 1 month minimum, 10 months maximum. The lease can be amended once, up to 10 months in total. It cannot be renewed or rolled over.
2. Tenant: in vocational training, higher education, apprenticeship, internship, civic service, job transfer or temporary assignment, with a supporting document.
3. Guarantees: a security deposit is prohibited. A guarantor is allowed, and the tenant can use the state-backed Visale guarantee.
4. Rent: cannot be revised during the lease. Service charges are paid as a fixed amount.
5. Contract: in writing, stating the length, the tenant's reason and a reference to title I ter of the law of 6 July 1989. Without these three items, the mobility lease does not apply.
6. Property: decent and furnished to the legal list (bedding, hob, oven or microwave, fridge, tableware, table, seating, storage, lighting).
7. Afterwards: if the same tenant signs a new lease for the same property, it must be a standard residential lease.

Combining summer lets and a mobility lease in Nice: what is allowed

The usual pattern for a property in Nice that the owner does not live in pairs short stays in high season with a mobility lease for the rest of the year. For a second home, the tourist part still requires change of use. The Métropole says so for a home let to students (leases over 90 days) and to holidaymakers the rest of the year: the owner needs a prior temporary authorisation.

• Primary residence: up to 120 days of tourist lets a year without authorisation, as long as you live there at least eight months.
• Second home, mobility lease only: no change-of-use authorisation.
• Second home, summer lets plus mobility lease: a 5-year temporary authorisation, or compensation, for the tourist part.
• Mixed-letting scheme: the Métropole offers a special authorisation for 3 summer months of tourist lets, if the home is let 5 to 6 months a year to a student receiving CAF housing benefit, at a capped rent, under an agreement signed with the CROUS student body.

Check the building's co-ownership rules too: they can prohibit short lets. Mobility lease income is taxed as furnished letting income, covered in micro-BIC or the real regime. Filling the winter months is detailed in Nice off-season mid-term lets. For a comparison with the capital, see the Loi Le Meur in Paris.

What Flatlab does

We manage properties in Nice and on the French Riviera. Off high season, we switch to a mobility lease of 1 to 10 months. Our legal team keeps every file up to date with local rules, and every estimate comes with a Loi Le Meur audit. Our fee is 20% all-inclusive, with a 3-month notice period. Our Nice operations are described on the page on management on the French Riviera.

FAQ

Does the 90-day cap still apply in Nice?

The 90-day cap applied from 1 January to 31 August 2026. Since 1 September 2026, a primary residence can be let for 120 days per calendar year. The Métropole is preparing new rules for 1 January 2027.

Do I need change-of-use authorisation for a mobility lease in Nice?

No, for a property let only on mobility leases. The tenant makes it their home and the property stays residential. Authorisation is needed again if a second home also takes tourist stays.

Can I ask for a security deposit on a mobility lease?

No. The lease must state that the landlord is prohibited from asking for one. A guarantor is allowed, including through the Visale guarantee.

Does the Loi Le Meur set 90 days in every large French city?

No. The national rule remains 120 days for a primary residence. Each municipality can set a limit between 90 and 119 days by a reasoned council decision.

This article is for information only. It does not replace professional legal or tax advice. Nice's rules are changing: check the rule in force with the City and the Métropole before letting.