Legal Question in Real Estate Law in West Virginia

Legal age for signing a lease

I am currently enrolled in college and signed a lease for an apartment near the college. It is necessary for me to transfer schools next semester, but my lease extends through June. I signed the lease in August and was only 17 at the time. I turned 18 in September. Is the lease valid since I wasn't 18 when I signed it? I am not married and am still a dependent of my mother.


Asked on 10/26/98, 11:20 am

1 Answer from Attorneys

Lawrence Glosser Law Office of Lawrence S. Glosser

Re: Legal age for signing a lease

Most contracts signed by minors are not enforcable against the minor. However, courts will often make an exception for contracts signed by a minor when those contracts are for "necessities" such as food, housing, and basic needs. Thus, a lease signed by a minor, might be enforcable. However, it might only be enforcable for the time you actually lived there (e.g. you couldn't live there rent free). This is a gray-area issue, and if the landlord seeks to enforce the lease you should probably consult a local attorney.

Lawrence Glosser

Law Office of Lawrence S. Glosser

1300 Seattle Tower, 1218 Third Avenue


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Answered on 1/02/99, 12:40 am


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