Legal Question in Real Estate Law in California

If I'm a 17 year old out of state college student in Sacramento California, can I legally rent a apartment (for college housing)... I will be 18 in a few weeks though


Asked on 3/28/12, 3:40 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Sure you can rent it, but since you are still a minor the contract can not be enforced upon you so the landlord, if they are aware of the law, will require a co-signer

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Answered on 3/28/12, 3:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is nothing "illegal" about a minor entering into a contract. There is, however, another kind of legal problem. The minor can "disaffirm" the contract before adulthood or for a reasonable time thereafter. Family Code, section 6710. Therefore, a landlord may be reluctant to rent to a minor without an adult (presumably, a parent or guardian) co-signer. There is an exception for minors who have achieved "emancipation" by marriage, service in the armed forces, court order, and a few other causes, but ordinarily a minor will either need a parent to sign the lease or an off-guard landlord.

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Answered on 3/28/12, 5:15 pm


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