Legal Question in Landlord & Tenant Law in Illinois

My cousin siged a lease in Texas when he was 17 years old. His father who is based abroad and has no US social security number signed the lease as a guarantor. Before moving into the property, my counsin ended up moving to a different city and he requested a cancellation of the lease. The housing office are asking him to pay $2,200 towards the lease cancellation fees, or they will forward this claim to a collection agency.

My question is, is the lease enforeceable? If it is, then will it be enforeced against my cousin, or against the guarantor?


Asked on 3/30/12, 7:34 am

1 Answer from Attorneys
Stephen Messutta

Although I don't practice law in Texas, a quick review on "Findlaw.com" suggests the age of consent for contracts (which a lease is) there is 18, but can be 17 if your cousin is an "emancipated minor" which may be the case. Either way it appears a minor CAN affirm or disaffirm a contract, and by asking that the contract be cancelled suggests your cousin believed the contract to be valid, which could be an admission that it enforceable against him or her. As to the guaranty it really depends on the wording; there are "guarantees" and "sureties" which may look alike. A guaranty is enforceable whether or not the underlying obligor (your cousin in this case) is sued, whereas a surety situation usually requires that you first attempt to go after the underlying obligor before that kind of "guaranty" kicks in so either way it could be enforceable and may only be a question of timing. So an attorney licensed in Texas should review the situation.

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Answered on 3/31/12, 9:00 am


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