Skip to main content

Can a minor sign a lease? What a landlord risks

A minor can usually sign, but the contract is typically voidable by the minor, not by you. Cornell’s legal encyclopedia notes that contracts entered by minors are voidable, on a presumption that the minor lacked capacity. In practice you stay bound while the young tenant can walk away, so most landlords require an adult who is legally responsible, or they require proof of emancipation.

The basic rule

The age of majority is 18 in most states, and a few set it differently. Under the common law idea of infancy, a contract with a minor is voidable. Cornell says the idea rests on a presumption that the minor did not have the capacity to enter into it, and that the Uniform Commercial Code recognizes infancy as a defense to simple contractual obligations.

Voidable does not mean void. The lease is real until the minor chooses to cancel it. The adult on the other side generally stays bound the entire time. That is the part that matters to a landlord: the risk runs in one direction.

Where the landlord is exposed

  • The minor can usually end the lease, often without paying the rest of the rent.
  • Collecting from someone with no income or assets is hard even when the lease holds.
  • Some states require an adult to be responsible for necessities such as housing, which can change the analysis, so the answer varies.
  • Age is not a Fair Housing protected class on its own under the federal act, but family status and other protections apply, and local laws add more. Apply the same written criteria to every applicant.

Example a made-up 17 year old signs a 12 month lease at 1,100 a month and pays 2 months. In month 3 the tenant cancels. If the lease is voidable, the landlord may not be able to collect the remaining 10 months, which would be 11,000. With a parent as a guarantor who signed their own promise, the landlord has a person to pursue for those 11,000.

Options for renting to a young applicant

  1. Ask for a legally responsible adult. A parent or guardian who signs as a guarantor makes a separate promise that does not disappear when the minor cancels. See co-signer vs lease guarantor.
  2. Ask for proof of emancipation. A court order that emancipates a minor can give them the legal rights of an adult. Ask for a copy of the order and keep it with the application.
  3. Have the adult sign as a tenant too, with joint and several liability, if they will actually live there or you want them fully on the lease.
  4. Use the same income and screening rules you use for everyone. Do not set a different standard because of age alone without checking your local law.
  5. Check your state’s rules, because some states allow minors in certain situations (for example, military service or marriage) to contract as adults.

This is general information, not legal advice. The treatment of minors’ contracts differs by state, so confirm with a local attorney before signing.

Put your rule in writing

Be careful with young applicants who are already adults at 18 but have no credit history or income. They are not a legal risk like a minor is, but the same guarantor option applies, and it should be offered on the same terms to everyone who lacks a history, not only to students or young people.

Decide the rule once, write it in your rental criteria and apply it to every applicant: for example, applicants must be 18 or older, or have a guarantor or proof of emancipation. A written, consistent rule is easier to defend than a case by case decision. See the three times rent income rule for how to write income criteria the same way.

How DoorKeeping handles it

DoorKeeping sends the lease for e-signature to every signer, including a guarantor, and keeps the signed copy with the unit. You decide on each application with one tap, and ask Claude or ChatGPT to summarize what is on file. The same written rule applies to everyone.

Sources

  1. Infancy (Cornell Legal Information Institute), read Oct 31, 2026

Questions

Can a 17 year old sign a lease?
Often they can sign, but the lease is typically voidable by the minor. Landlords commonly require a guarantor or proof of emancipation.
Is a lease with a minor void?
Generally voidable rather than void: it holds until the minor cancels, and the adult party stays bound.
Does a parent’s co-signature help?
Yes. A parent’s separate promise to guarantee the lease is generally not cancelled when the minor cancels their own contract.
What is emancipation?
A court process in many states that can give a minor the legal rights of an adult, which a landlord can verify with the order.