Legal Question in Real Estate Law in California

Re: Minors renting property

The answer is that unemancipated minors cannot be held to their contracts, since they do not have capacity to contract. If the contract is for an interest in real estate, which would include a lease for more than a year, the contract is not only unenforceable, it is void, and the minor can't enforce it either.

An exception of sorts is made when a minor contracts for "necessaries". These contracts can be enforced to a degree. In some circumstances an apartment could be a 'necessary,' but again if the minor has parents who are responsible for providing shelter the necessity is questionable.

So, the proper advice depends upon who is asking the question-- the landlord, the minor, or the parents.

If the minor were asking, I'd say you would be on fairly safe legal ground renting month-to-month if you can find a willing landlord. The law is intended to protect you, but in so doing it makes landlords less willing to deal with you.

If the landlord is asking, I would say think twice about renting to minors. Better to deal directly with the parents then let them turn it over to the kids. Make sure the place is safe and your insurance is paid up.

If the parents are asking, I'd say think twice about letting the kids have their own place. If it's appropriate for that to happen, you could lease directly, guarantee the lease, or do nothing but provide the rent money, depending upon what the landlord agrees to.....but make sure the money finds its way to the landlord and is not "borrowed" enroute for other purposes. Keep an eye on what's going on....many minors are not mature enough for their own pad.