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Legal Age to Sign a Lease

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Adjac

Junior Member
What is the name of your state?
Living in NJ. Lease apatment is in Rhode Island

My son is away at college in Rhode Island. He is 18 years old. Without my knowing he signed a lease agreement. I am now being asked to sign Guaranty. I do not agree with the terms and conditions of the lease and now I do not want my son moving into this apartment. Is he or I legally bound to the lease since he is only 18 and I have not given him my consent?
 


justalayman

Senior Member
well, it seems the age of majority for both states you mention is 18. What that means is your son is legally obligated by the terms of the lease.


Is he or I legally bound to the lease since he is only 18 and I have not given him my consent?
I don;t see where he would need your consent. He is an adult in both states.

You have no obligation to the lease unless you sign the contract.

Maybe you will get lucky and they will not accept him as a lessee without your co-signature.
 

BL

Senior Member
I agree , He isn't a minor .

If they won't lease to him with out a co-signer , he'll be off the hook .

You have no obligation to co-sign .

Plus many LL's that rent to college students , try a fast one .

Talk to your son about , what he's signing before he signs .

Better yet , have him consult a LL/tenant attorney and have him/her review the lease before he signs , so your son isn't taken for a ride .
 

MIRAKALES

Senior Member
The fact that parent(s) are being asked to sign as guarantors indicates that the son is not financially qualified for the rental. It is not uncommon in a college town to have students (of legal age) sign their own lease agreements based upon their student loan agreements, financial aide programs, or work/study employments. The LL generally does not require a guarantor because the rent is paid semi-annual or per semester.
(Based upon the information provided it does not appear that the rental application has yet been accepted.)
 

Adjac

Junior Member
One more point

I thank you for your response and I did leave out the following.

The landlord is telling me that he will not allow my son to occupy the appartment unless I sign a Guaranty and have it notorized. I do not have this in writing but this is what the landlord is requesting. So if I don't sign and the landlord refuese to give my son access to the apartment is the lease still valid?
 

BL

Senior Member
I thank you for your response and I did leave out the following.

The landlord is telling me that he will not allow my son to occupy the appartment unless I sign a Guaranty and have it notorized. I do not have this in writing but this is what the landlord is requesting. So if I don't sign and the landlord refuese to give my son access to the apartment is the lease still valid?
No , especially if no rent/security deposit is taken by the move in date, or if it has been taken by the LL , and the Apt. keys haven't been given to the tenant ( the rental is not available on the move in date ) , the lease would not be enforceable , and any monies held by the LL would have to be returned .

If the rental calls for a co-signor , and there is non , the LL should not sign , or have signed the lease , also making it void .
 

johnd

Member
I thank you for your response and I did leave out the following.

The landlord is telling me that he will not allow my son to occupy the appartment unless I sign a Guaranty and have it notorized. I do not have this in writing but this is what the landlord is requesting. So if I don't sign and the landlord refuese to give my son access to the apartment is the lease still valid?
Yes. Of course it is (assuming, of course, that it's a properly drafted document). The ll can refuse to grant access if the tenant first breaches...as in not providing sd, last month's rent, payment via certified funds...whatever is spelled out in the document.

Not to be trite, but all your answers are contained within the four corners of the signed document.
 

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