Can a minor legally rent a vacation home for a few days?

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Can a minor legally rent a vacation home for a few days?

Is a minor able to legally rent a house for a few days if the rental owner does not require a rental agreement to be signed? And is a minor allowed to legally sign a rental contract without any repercussions?

Asked on August 30, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to enter in to a legally binding conrtact one must have what is called the "capacity" to contract.  That can encompass legal as well as mental capcity.  Generally speaking, minors do not have the legl capacity to enter in to a binding contract.  However, under certain circumstances the contract can be "ratified"  - as when they reach 18 or in another way - and may be voidable as opposed to void.  The landlord would be foolish to rent it to him or her.  Good luck.


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