Legal Question in Real Estate Law in California
If I'm a 17 year old out of state college student in Sacramento California, can I legally rent a apartment (for college housing)... I will be 18 in a few weeks though
2 Answers from Attorneys
Sure you can rent it, but since you are still a minor the contract can not be enforced upon you so the landlord, if they are aware of the law, will require a co-signer
There is nothing "illegal" about a minor entering into a contract. There is, however, another kind of legal problem. The minor can "disaffirm" the contract before adulthood or for a reasonable time thereafter. Family Code, section 6710. Therefore, a landlord may be reluctant to rent to a minor without an adult (presumably, a parent or guardian) co-signer. There is an exception for minors who have achieved "emancipation" by marriage, service in the armed forces, court order, and a few other causes, but ordinarily a minor will either need a parent to sign the lease or an off-guard landlord.