Legal Q&A: Minimum age to be a leaseholder? Any exceptions?

October 8, 2015

Question: A tenant claims her attorney told her that since she did “quit” after we gave her the three-day notice, she is not responsible for the balance of the rent for that month. Is she correct?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: Her attorney is wrong. Even if a tenant “quits” pursuant to a notice to perform or quit, the tenant is still liable for lost future rent.

Question: Is the legal age for leaseholders over 18 or over 17?

Answer: The legal age to contract in California (including leases) is 18 or over. However, if the under age person is “emancipated” (is or has been married, in active military duty or by court order) he or she does have the ability to enter into binding contracts and leases.

Question: I am evicting a married couple. My attorney says that we have served the lawsuit on the wife personally and the husband by substituted service. What does this mean and what difference does it make?

Answer: A lawsuit for unlawful detainer can be served either personally or by substituted service by giving a copy of the lawsuit to a person at least 18 years of age at the subject property or at the usual place of employment of the defendant.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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