Legal Question in Real Estate Law in Virginia

Re: real estate - rental

Interesting question. (I am tempted to ask why you want to, but I won't.)

YOU can certainly include him on the lease.

The landlord should probably refuse.

But that is HIS problem.

For another 2 months, his signature is really not valid, legally. He is a minor.

So really if both of you sign a lease with the landlord, ONLY YOUR SIGNATURE is actually legally valid.

Except... there is a doctrine of "necessaries" which is vague and ambiguous and a pain in the neck, at least from what I remember.

Theoretically, a minor's contract -- even though he is under 18 -- for something "necessary" for life (food, basic medical care, housing) can be legally binding to the extent that it is at "fair market value."

But by and large nobody ever remembers that, and it is so vague that nobody likes to deal with it.

But there would be serious doubt about whether his signature actually means anything until he is 18. And since he already signed it at 17 and 10 months, it might remain always invalid, because it was invalid when signed.

On the other hand, YOU as his parent are the one authorized to sign for him until he is 18.

So you are also signing the contract for yourself.

SO, then, the question becomes what are you trying to accomplish?

If you are just trying to satisfy the landlord, then just the two of you sign. If the landlord questions it, that is his responsibility. He is very unlikely to even bother with all of this.

If you WANT your son's signature to be legally valid and binding, then you should (a) sign for yourself, (b) have him sign, and then (c) you sign again FOR HIM after his signature. Something like "Ratified by....." as his parent.