Rules for a Minor Renting an Apartment
- Since minors can't make legally binding contracts, any landlord who rents to a minor will require an adult cosigner on the rental agreement. This is usually a parent or guardian of the minor. The cosigner becomes responsible for rent or damages owed if the minor fails to pay the rent or causes damage to the property. Underage college students renting an apartment off-campus may have their parents sign the rental agreement and even pay their rent.
- A minor can go to court and ask to have himself declared emancipated. An emancipated minor is legally considered an adult, and may enter into contracts as an adult. In this case, a landlord could rent to a minor without having a parent cosign the rental agreement.
- The Fair Housing Act prohibits landlords from discriminating on the basis of race, color, religion, sex or national origin. Amendments to the Act, added in 1988, further prohibit discriminating based on familial status or disability. This means a landlord can't refuse to rent to someone with children. The law does allow exceptions for senior living facilities for residents 55 and older. The law does not address age discrimination implicitly. The apartment could refuse to rent to someone under 18 on the grounds that they did not have an established credit history.
- No matter their age, all renters must demonstrate that they're able to pay the required rent. Your prospective landlord may ask to see pay stubs, ask about your financial circumstances or run a credit check. You will probably have to pay your first and last month's rent, as well as a deposit, just as any other renter would be required to do.
- Many renters will be reluctant to rent to a minor, even an emancipated minor. You may have been lucky renting a garage apartment, or a room in the home of a private individual. Be prepared to provide references from your employer, teachers and other responsible adults. If they're reluctant, offer a trail arrangement of a month or two. Pay your rent on time, and don't make a lot of noise or a mess, and most landlords would be happy to extend the agreement.
Parental Consent
Emancipated Minor
Discrimination
Other Considerations
Options
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