Under age, renting or owning...

Is it legally possible for a minor of age 16/17 to own or rent an apartment?

I imagine the folks who are the landlords will want a co-signer for the lease.

Otherwise, the contract could be tossed out as invalid because he/she was a minor and therefore incapable of making a valid legal contract.

The answer to your question is "yes", You can own and you can rent. the problem will be finding a landlord willing to rent to you unless you can assure financial responsibility. If you have a job and can show the landlord you can pay the rent you should be able to find one that will take the chance.

Good Hunting......

[JETX]

'erev46' answer was really totally correct, so I offer the following clarification.

A minor CAN sign a lease or enter a contract, if you can find a landlord to accept the minor's signature (guarantee). The problem is that the minor tenant can renounce the lease or contract since he/she IS/WAS a minor at the time it was entered into (as noted by Dorenephilpot).

Example:
You own a house and a minor wants to rent it from you, you agree and the minor signs the lease. YOU are obligated to uphold the lease (since you are not a minor), but you can't force the minor to abide by the lease (since he/she can claim that, as a minor, the lease is not legally binding on them).

[I AM ALWAYS LIABLE]

My response:

My good friend, Steve Halket, and our new contributor, "erev46",
have not taken into consideration the fact of our writer's original post - - that it concerns "shelter" - - which is a necessary of life, and thus is not included in disaffirmance by a minor - - thereby not making the post by erev46 "totally correct."

Any person eighteen years of age or older may enter into legally binding contracts. A younger person may make contracts and enforce them, but may disaffirm a contract, thereby avoiding liability. To be effective, the decision to disaffirm must be made by the age of majority or within a reasonable time thereafter. A minor may disaffirm a contract even though an adult may have been a joint obligor on the contract. Upon disaffirming a contract, a minor is obligated to restore to the other party all money and property received by the minor by virtue of the contract and remaining within his control.

The general rule that a minor may disaffirm a contract is subject to several qualifications and exceptions.

California, for example, follows the rather indefinite common law rule that a minor is bound by, and may not disaffirm, a contract for "necessaries."

The term "necessaries" is usually taken to mean medical care, food, clothing, shelter, and perhaps other expenses.

No disaffirmance is allowed if the minor has misrepresented his or her age, or has engaged in business as an adult and the other party to the contract had reason to believe the minor was an adult. Disaffirmance is likewise prohibited in some transactions with banking institutions and insurance companies.

A minor who is at least sixteen years of age is bound by the terms of an educational loan and may not disaffirm his or her obligations under the loan.

A contract entered into by a guardian on behalf of a minor may not be disaffirmed by the minor, assuming the contract is otherwise valid and the guardian has acted within his or her proper authority.

IAAL

[JETX]

So, since our original poster failed in providing the location of this rental property, the more correct answer would be.....

As a minor, the lessee can rescind the lease agreement, unless the property is in California.
This inability to rescind the contract may be available in other states, but that would need to be checked for each location.

[I AM ALWAYS LIABLE]

My response:

I think it would be a fairly accurate assumption that since our writer has, in fact, mentioned his State name as New York, that the location of the property to be leased is likewise in New York. But, nonetheless, as we will all discover, it really makes no difference which State is mentioned, or where the property to be leased is located. The question turns upon whether or not "shelter" is a necessity of life, and if so, can that "necessity" be disaffirmed by the minor.

While a contract for a minor concerning "necessities" of life in New York is not codified (with the exception of medical care), the issue of a minor's contract for necessities of life does exist, since 1947, in New York's common law (Case Law).

NY NOT PROF CORP § 102
§ 102. Definitions

(a) As used in this chapter, unless the context otherwise requires, the term:

(7-a) "Infant" or "minor" means any person who has not attained the age of eighteen years.

NY GEN OBLIG § 3-102
§ 3-102. Obligations of certain minors for hospital, medical and surgical treatment and care

Obligations of certain minors for hospital, medical and surgical treatment and care:

1. An obligation incurred by a married minor for hospital, medical and surgical treatment and care for such minor or such minor's children shall not be voidable because of minority. For the purpose of this section only, subsequent judgment of divorce or annulment shall not alter the obligation previously incurred.

Minors are liable only on contracts for necessaries. Under the traditional rule, minors can disaffirm other contracts, at their option, returning consideration in possession, but with no liability for use or damage. Under the modern rule, minors can disaffirm, but must compensate the contracting party for use or damage, unless overreaching by the other party is involved. For a more comprehensive discussion, see Samuel M. Davis et al., Children in the Legal System: Cases and Materials 101-06 (1997).

Henry Hof, Inc., v. Noll
70 N.Y.S.2d 667
N.Y. Sup. 1947

It is generally the law in this State as well as most, if not all, common-law jurisdictions, that contracts of infants, except for necessaries, although not void, are voidable at the will of the infant. The right to disaffirm remains with the infant until after a reasonable time beyond his maturity even though the contract has been fully executed. He is not required to restore the other party to status quo and may disaffirm even if he has squandered the benefits he received. Wyatt v. Lortscher, 217 App.Div. 224, 216 N.Y.S. 571, and cases cited therein.

It is my belief that "shelter" could not be argued as anything other than a "necessary" of life - - thereby, a lease signed by a minor (or "infant") could not be disaffirmed.

IAAL

[JETX]

I bow humbly....

Mea Culpa... It appears it is time for Seppuku!

"For the Samurai of Japan, suicide was considered an honorable act, and one that many times was carried out in an effort to save face for one's lord. Seppuku (or hara-kiri, literally 'belly cutting') was the ritualized act of suicide committed by Samurai who wished an honorable death. The ideals that form the basis for seppuku were not extant in Japanese society until the introduction of Buddhism, and its effects on the establishment of the Bushido (bushi-do - 'The Way of the Warrior') code.
Buddhism brought to Japan the belief of life as a transitional state and the glory of death and transcendence to Nirvana. Combined with the ancestor-worship and animism of Shinto, and the Confucian responsibilities towards your family and lord, Bushido ruled a Samurai's every thought and action. Shinto, in particular, taught that purity (both spiritual and physical) should be held in the highest regard. Thus if a Samurai were to disgrace himself or his lord in any way, the only way that he could save face would be to commit ritual suicide; to pay the ultimate sacrifice. Although it was first recorded in the Heian period (792 - 1192 A.D.), it was not until the Sengoku-jidai ('Sengoku-Jidai' = 'The Age of the Country At War', essentially the Civil War period) era that seppuku was ritualized in the form that we recognize it today. Originally, seppuku was carried out on the battlefield, without any pretense to ritual. Once disgraced, a Samurai would whip his sword out on the spot and cut himself open. No fuss, no muss."

The original question asked was as follows:

"Is it legally possible for a minor of age 16/17 to own or rent an apartment"

The individual did not ask if a minor can enter into a legal contract but I am sure the added advice is appreciated.