Legal Question in Landlord & Tenant Law in Texas
My 19 year old fiancee signed a rental agreement that states he has to be 21 years of age. My fiancee has a learning disability and doesn't understand what anything on the rental agreement states and asked the secritary at the rental place to read and explain the entire agreement to him so he would understand it and all she told him was how much he has to pay. They scamed him out of all together 10 months before we found out. Is he liable and could he get his money back?
1 Answer from Attorneys
I don't know what you mean by scammed for 10 months. Did he live there and pay rent? If so, then he wasn't scammed, he contracted for and got what he paid for. Since he was over the age of 18, he had the legal ability to contract. Depending upon the other terms of the contract, I think that the judge would rule that the parties waived the 21 years restriction by evidence of their conduct. At the least, the judge could rule that equity requires both parties have been satisfied.
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