A minor may find themselves in a situation where they have to rent an apartment on their own. This may be a personal choice stemming from a desire to become more independent. It’s also possible that they may have to settle for this option as part of their studies. But as a landlord, can you rent a place to someone under 18? L’Agencerie, your real estate agency in Albi, has the answers to all your questions!
SIGNING A LEASE WITH A MINOR IS ENTIRELY POSSIBLE
Legally, a minor has every right to rent an apartment, either alone or as part of a shared living arrangement. However, they will need a legal representative to handle all administrative formalities related to the lease. Legally speaking, only an adult is authorized to sign a residential lease. The minor may be represented by a parent or a guardian, who will then sign the lease on their behalf. The minor will be considered only as the tenant, and the lease must be issued in the name of their legal representative.
Housing Assistance
Although minors cannot sign a residential lease unless they have been emancipated, they are also eligible for housing assistance, such as the APL (personalized housing assistance), for example. This assistance is calculated based on the parents’ annual income, unless the minor can provide rent receipts proving that they actually live in the residence.
Recevez les dernières actualités directement dans votre boîte mail.
WHAT ABOUT EMANCIPATED MINORS?
If a guardianship judge at the district court has granted emancipation to a minor, then that minor will be fully entitled to sign a lease even if he or she is under 18 years of age. However, this is an exceptional circumstance.
It is the responsibility of all landlords to ensure that they do not enter into a lease with an unemancipated minor. In such a case, they face significant risks. The minor who signed the contract may, in fact, terminate the lease without any notice. The landlord will also be unable to terminate the lease by claiming that it is null and void.
DOES A MINOR NEED TO TAKE OUT HOME INSURANCE?
The law requires tenants to purchase home insurance to protect the residence they occupy. In the event of water damage, fire, or other damage, the tenants will be held liable. In the case of a minor tenant, it is the legal guardian’s responsibility to purchase home insurance that includes rental liability coverage.
Do you own an apartment that you’d like to rent out? Let us handle the rental management for you!
L’Agencerie
