A college student, aged 17, signs a lease agreement for an apartment. The lease is for one year, with monthly rent of $1,000. After living in the apartment for three months and paying rent, the student decides to move out and notifies the landlord that they are disaffirming the lease. The landlord sues for the remaining nine months of rent. What is the most likely outcome?
- AThe student is liable for the remaining rent if the landlord cannot find a new tenant immediately.
- BThe student is not liable for any further rent, as the contract is void from the beginning.
- CThe student is liable for the reasonable value of the benefits received (e.g., three months' rent), but not for future rent.
- DThe student is liable for the full remaining nine months of rent because they occupied the apartment.
Show answer & explanationAnswer & explanation
Correct answer: C. The student is liable for the reasonable value of the benefits received (e.g., three months' rent), but not for future rent.
A minor (under 18) generally has the capacity to enter into a contract but also has the right to disaffirm it. However, the minor is typically obligated to restore any benefits received or pay for the reasonable value of 'necessaries' (like housing or food), even if disaffirmed. The apartment is a necessary, so the student would be liable for the reasonable value of the three months they occupied it, but not for future rent after disaffirmation.
Why the other options are wrong
- A. The landlord's ability to mitigate damages is a separate issue from the minor's capacity to contract and disaffirm.
- B. The contract is voidable, not void, and the minor has obligations for necessaries received.
- D. Minors have the right to disaffirm contracts, limiting their liability for future performance.
Minor's Capacity to Contract
Minors (under 18) generally have the right to enter into contracts, but these contracts are voidable at the minor's option (disaffirmance) until a reasonable time after reaching majority.
- Contracts with minors are voidable by the minor, not void.
- Minors are liable for the reasonable value of 'necessaries' (food, shelter, clothing, medical care).
- Disaffirmance must occur while still a minor or within a reasonable time after reaching majority.
Memory trick: Can your mind legally bind? Check the age, sanity, and sobriety.