Legal Question in Real Estate Law in Illinois

Renting an apartment without parents

Is it legal to have a apartment lease and school registration papers signed by a lawyer and not your parents if you are under 18? Is it legal to live on your own if you are under 18? Is it legal to hire someone as your parent to sign your apartment lease and school registration papers?


Asked on 7/02/03, 11:52 am

2 Answers from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Renting an apartment without parents

Generally, a person under eighteen in Illinois cannot sign a binding contract for anything, including an apartment. The reason that schools have parents sign is that they have a legal obligation of support to their minor children, but the parent, and not the child, is "on the hook". Hiring someone "as your parent" is fraudulent with respect to the third party you're dealing with, and can be criminal as well as civil. The third part of your question, whether it is "legal" to live "on your own", apart from your parents, is too general to address. It requires further facts, and probably a face to face meeting with a family lawyer to adequately address.

Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 7/02/03, 12:03 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Renting an apartment without parents

1. If the lawyer is your guardian, maybe. 2. Depends on your specific facts. 3. Nobody can sign papers on your behalf unless they are your legal guardian.

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Answered on 7/02/03, 3:35 pm


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