Legal Question in Real Estate Law in California

Re: Co-Signer/Guarantor

The general age of majority in California is 18, and this is therefore the practical minimum age for co-signing. Anyone under 18 except for a court-emancipated minor is not competent to sign a contract or a guarantee. See Civil Code sections 1556 and 1557 and Family Code sections 6500, 6700 to 6713, and 7000 et seq. regarding emancipation.

A landlord can, I think, impose its own minimum age requirement, higher than 18, without violating any law, such as laws banning discrimination based on age. Civil Code sections 51 and 51.2 (part of the Unruh Civil Rights Act) which forbid age discrimination in housing. I can't be sure, but a quick review of the case law on age discrimination against children suggests that requiring a co-signer to be a certain age (more than 18) probably would not violate the age discrimination laws if it were reasonably related to the landlord's legitimate interest in insuring that the guarantor was financially sound.

Re: Co-Signer/Guarantor

I am sorry for being late, but I answered this twice, and the web site has been down.

Mr. Whipple always gives excellent, and comprehensive answers. This is no exception.

My understanding is that 18 ithe age of where one can be bound by a contract.

As to the statute, I am enclosing the link to "Ask A Law Librarian" where I am sure you can be aided with the citation.http://www.247ref.org/portal/access_law3.cfm