Legal Question in Landlord & Tenant Law in Florida

Can I require an apartment complex to cancel a lease if my daughter was 17 when she signed it and they have not moved in yet? \nShe signed a few weeks ago with three 18 year olds and one of their mothers signed too but they don\'t move in or start paying rent until Aug. 4th. They all signed on one lease not on individual leases. No money has changed hands yet - the move in fees and deposits were waived.\nMy daughter and one of the 18 yr. olds that signed have had a serious disagreement with the other two 18 yr. olds on the lease. This disagreement was serious enough that they feel they can\'t live together now.\nCan we make the apartment complex canel the lease due to the fact she was 17 when she signed and they have not taken up residence or paid rent there yet?


Asked on 7/30/09, 10:10 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The apartment complex is not going to cancel the lease. Three 18 year olds and one of their mothers (as cosigner?) are signatories on the lease and it is presumably valid. The apartment complex may seek all available remedies under the contract. Contracts entered into by minors are sometimes voidable (NOT VOID) by the minor signatory, but a judge must decide that in any particular case. If your daughter is taken to court for her share of the damages, she can use being a minor at the time of signing as a defense.

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Answered on 7/31/09, 1:58 am


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