Legal Question in Real Estate Law in California

Re: Renting to minors

There is a general rule of law that minors (nowadays, this means persons under 18) can't be held to their contracts. An exception is made if the contract is for 'necessaries' such as food, clothing and shelter.

If the minor already has a home, there could be a question in a landlord's mind as to whether it was 'necessary' for that minor also to have a separate apartment. Therefore, many landlords would be hesitant to rent to a minor.

Prospective landlords might also question the minor's income and ability to pay the rent, and whether they are mature enough in other respects to make a good tenant.

For these reasons, a minor might have trouble renting a place.

As to leaving home, it is much easier to do with the guardian's permission and cooperation. Many minors do just that, of course, when they leave to attend an out-of-town college.

There is also a concept called emancipation of minors, under which a minor receives almost the same degree of independence as an adult has. This is achieved by (a) marriage, (b) joining the armed forces, or (c) getting an emancipation certificate from a court through a petition process showing, in effect, that the minor already lives separately from his/her parents or guardian, has adequate income, and that the emancipation is in the minor's best interest. See sections 7000 through 7143 of the Family Code at your library for details.