How Old Do You Have to Be to Rent an Apartment?
Learn how age, legal status, and state laws affect your ability to rent an apartment and what to consider before signing a lease.
Finding a place to live marks a significant step toward independence, but age can present a hurdle for younger individuals seeking to rent an apartment. Understanding the legal requirements for signing a lease is crucial whether moving for college, work, or other reasons.
Minimum Legal Age for Signing a Lease
A lease is a legally binding contract. To enter into an enforceable agreement, individuals must have “contractual capacity”—the legal ability to understand the terms and responsibilities involved. Age is the primary factor determining this capacity. In most U.S. states, the “age of majority,” when individuals are legally considered adults capable of signing contracts, is 18.
Contracts signed by individuals below this age, known as minors, are typically considered “voidable.” This legal principle protects young people by allowing the minor to cancel the contract, while the adult party (like a landlord) generally remains bound unless the minor chooses otherwise. This potential lack of certainty often makes landlords hesitant to lease directly to individuals under 18.
Exceptions for Minors
While 18 is the general threshold, specific circumstances allow minors to secure rental housing.
Emancipation
Emancipation is a legal process where a court grants a minor certain adult rights and responsibilities before they reach the age of majority, often because they are living independently and supporting themselves. An emancipated minor gains the legal capacity to enter into binding contracts, including leases, which become enforceable as if signed by an adult.
Co-Signer Arrangements
A common solution involves a co-signer, typically a parent or guardian, who signs the lease alongside the minor. The co-signer assumes joint legal and financial responsibility for the lease obligations, such as rent payments and damages. This arrangement provides the landlord with financial security through an enforceable agreement with an adult party.
Special Situations
Certain government programs or housing initiatives, particularly those supporting youth transitioning out of foster care or in specific living programs, may facilitate housing for minors under unique frameworks. Additionally, court orders related to a minor’s welfare might authorize housing arrangements, creating legally sanctioned exceptions to standard age requirements.
State Variations in Age Requirements
Contract law, including the age of majority, is primarily governed by state law. While 18 is the standard age for contractual capacity in most states, variations exist.1Legal Information Institute. Age of Majority Some states set the age of majority at 19 or even 21 for certain purposes.
State laws can also differ on specifics, such as the timeframe after reaching majority during which a contract can be disaffirmed or how contracts for necessities, like housing, are treated when signed by a minor. These state-level differences highlight the need to understand the specific rules in the relevant jurisdiction.
Consequences for Invalid Lease Agreements
A lease signed by someone under the age of majority is generally “voidable.” This means the minor has the legal right to “disaffirm,” or cancel, the contract. This right protects young individuals presumed to lack the full understanding required for such agreements and can be exercised anytime during their minority and for a reasonable period after reaching adulthood.
If a minor disaffirms the lease, the contract becomes void, releasing them from future obligations like paying rent. The minor typically must vacate the property. The landlord, however, does not have a reciprocal right to void the agreement solely based on the tenant’s age. This potential cancellation creates financial uncertainty for landlords, as they may lose rent and face difficulties recovering costs for unpaid rent or damages from the minor, although exceptions may apply if housing is deemed a “necessary” item for the minor’s well-being.
If the minor does not disaffirm the contract upon reaching the age of majority, or shortly thereafter, their actions, such as continuing to pay rent, may be seen as “ratification.” Ratification affirms the contract, making it fully binding and enforceable against the now-adult individual, who loses the right to void it.