Does a minor have to be emancipated to be allowed to rent property and where would you find a legal document for parents that make their children pay rent and call themselves the landlord.
2007-03-23 10:04:56 · 11 answers · asked by La Donna A 2 in Politics & Government ➔ Law & Ethics
how about a person under 20
2007-03-25 13:38:56 · update #1
There are different kinds of contracts. In this particular instance, we are talking about a void contract vs. a voidable contract. A void contract means that you cannot contract with a person at all, such as for illegal gambling, drug deals, etc. Assuming one would even put such a thing in writing, these types of contracts are void on their face. A voidable contract is a contract where all of the terminology is legal, the goods are legal and the satisfaction is legal, but when you go back and look at one or more of the facts, you may find that they are not true or legal and binding, thus voiding a previously legal contract. Such as a minor contracting to pay rent. So, you and the landlord may have entered into this contract, but it is, ultimately, not legal. If you told the landlord that you were under 18 and he contracted anyway, you are not liable for any unpaid rent. Conversely, if you lied to the landlord and told him you were over 18, you will remain responsible for payment of the amounts owed. If you are emancipated, then that means that you are legally an adult and can enter into contracts. Parents can ask a minor to pay rent because a minor is bound by a contract for necessaries. Necessaries is a vague term that has no set definition, but is generally considered to be food, medicine and medical care, clothing, and shelter.
2007-03-23 10:17:45 · answer #1 · answered by Venice Girl 6 · 0⤊ 0⤋
Sorry it is not legal. Renting anything to anyone requires a legal contract. And no one under the age of eighteen can enter into a legal contract without parental consent. Best thing to do is to seek the advise of an attorney on emancipation of a minor.
2007-03-23 10:14:54 · answer #2 · answered by spicy_salsa69 5 · 0⤊ 0⤋
It is immoral to make a person under 18 pay rent. That is not mean it is not illegal. Minors are required to pay for their nessesitites and housing counts as a need. The landlord asshole and should go straight to hell for going after a 16 year old but he does have the legal right. I wish we could back 20 years ago where doing commerece with a minor was against the law.
2007-03-24 11:00:41 · answer #3 · answered by James J 2 · 0⤊ 1⤋
It is legal, however minors cannot be held by contractual agreements. For instance, if you refused to pay the rent, the landlord would have no way of enforcing the breached contract. As such, it will be quite difficult to receive a tenancy agreement. Generally speaking, the parents/guardians of the underage lesee offer to go guarantor of the lease - that is if the lesee cannot pay, the landlord can force the guarantor to pay.
2007-03-23 11:29:04 · answer #4 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
It is not illegal, but the fact that the renter is a minor and is in a contract the minor is allowed to walk out of the contract and you won't be able to do anything about it. That is why you have to be at least 18 to be in a contract because nobody wants a contract when the person can just walk out of it.
2007-03-23 10:13:52 · answer #5 · answered by Jack 2 · 0⤊ 0⤋
Yes on the emancipation.
No legal document exists for the parent to make kids pay rent.
You have to be 18 to enter into any rental related contract.
2007-03-23 10:13:31 · answer #6 · answered by amamom 1 · 0⤊ 0⤋
you can't legally make your child pay rent till they are 18 or if they are foster children such then the government gives you a stiped
2007-03-23 13:43:24 · answer #7 · answered by The Simurgh 3 · 0⤊ 0⤋
No. It is not legal. You can do it but the minor wouldn't be liable for any debt payments.
2007-03-23 10:09:19 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I don't think it's illegal....but it's unenforcable. Any contract you have with the kid is one-sided. You can't make the kid pay you anything he might "owe" you.
2007-03-23 10:09:44 · answer #9 · answered by Michael E 5 · 1⤊ 0⤋
you will need to soeak with an attorney on that one.
please do so.
i assume all laws in different jurisdictions are generally different also.
2007-03-23 10:08:49 · answer #10 · answered by ? 6 · 0⤊ 0⤋