California Apartment Association

Legal Q&A: Is the legal age for leaseholders over 18 or over 17?

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 underage 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?

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