Legal Question in Real Estate Law in Virginia
17 year old signs lease
my son signed a lease in VA to rent an apt. before he moved in he found out the other boy was into drugs and backed out of the lease. we contacted the apt complex and told them my son wasn't moving in and we would do anything we could to help them get it sublet. a month later another boy moved in. my son never moved in. my son was sued for month that no one was there in his place. he has never signed a sublet. my son was 17 when he signed the lease making the contract void. a judge has ruled without us being in court / i requested a continous (sp) / but it was denied / which we didn't know about/ that my son owes the money. i have appealled the judgement to get it thrown out and my moneies paid for deposit returned. do we have a case? Thanks !!
1 Answer from Attorneys
Re: 17 year old signs lease
It would appear from the facts related in your question that the judge entered a default judgment against your son for his failure to appear in court after being served with a summons
but, also, apparently has held that your son is liable substantively on the merits of the landlord's claim for the one month's rent despite
his being a minor.
If this in fact is what has happened(and it's not entirely clear from your recitation of the facts),
the most likely reason is that the court found that in fact the minority of your son did not absolve him from responsibilty for the contract, because the contract involved goods and/or services which are necessary or basic to life, i.e., in this case, shelter for your son.
Minors in most jurisdictions can be held liable for contracts that they sign that involve food, clothing, and shelter, and other items deemed to
be so-called necessaries of or for life. If this
in fact is the basis for the judge's ruling against your son, the prospects for your appeal or to set aside the default judgment are not good.
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