Can minors rent a property?

22 January 2020

If you’re a landlord, perhaps you’ve wondered whether you’re allowed to rent your property to a minor. There are various reasons why someone under 18 may need to rent a home, such as studying in a different city, work situations, etc. Children and young people who have not yet turned 18 are considered minors. Being […]

If you’re a landlord, perhaps you’ve wondered whether you’re allowed to rent your property to a minor. There are various reasons why someone under 18 may need to rent a home, such as studying in a different city, work situations, etc.

Children and young people who have not yet turned 18 are considered minors. Being a minor is the marital status of a person who is granted special protection by the legal system. This protective responsibility falls on the minor’s parents or legal guardians.

To know whether a minor can sign a rental agreement we must understand three differences: minors who are emancipated, minors who are not emancipated, and those who are living independently with parental consent.

If you’re wondering if minors can rent a property, it is possible in the following cases:

The child is neither emancipated nor living independently

In order to formalize a rental agreement in this case, it must be a parent or legal guardian who signs. In this case, it should be taken into account that all payment obligations and responsibilities for the state of the home will fall on the signatories.

The minor will be emancipated when they turn 16

Emancipated minors can sign a rental agreement themselves without having to rely on another person. In the event that the contract exceeds six years, the minor would need the consent or support of a parent or guardian. In this case, if it is only the minor who signs, all responsibilities will fall on them. On the other hand, if both the minor and the parent or guardian sign, the responsibility will fall on both parties.

The child is 16 years of age or older, is independent with parental consent, and is not emancipated

The minor is considered emancipated, so they could sign the lease themselves without assistance. As in the previous case, and only if the rent would exceed six years, they would need the support of a parent or guardian.