Can a miner sign a house lease?
Verified 06 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)
It depends on whether the minor is emancipated, i.e. if it is treated as a major by a court decision.
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The minor is not emancipated
A minor has no legal capacity to sign a contract. The dwelling lease must then be signed by at least one legal representative (parent or guardian) of the minor, even if the person signing does not occupy the dwelling.
If a landlord has nevertheless signed a residential lease with an unenfranchised minor, 2 solutions are possible:
- Either the miner terminates the lease.
If the minor can demonstrate harm (e.g. unsanitary housing), he or she can terminate the lease without having to respect a notice period. It shall inform the owner by registered letter with acknowledgement of receipt or by act of commissioner of justice (formerly act of bailiff) or by hand delivery against receipt or receipt. He shall also provide him with proof of the damage.
If the lessee cannot demonstrate injury, the lessee must comply with the rules of notice (leave) of the lessee of a residential lease (or a mobility lease if this type of lease has been signed).
- Either the landlord terminates the lease. It must then respect the rules of notice (leave) given by the owner.
The minor is emancipated
If the minor is emancipated, he has the legal capacity to sign a contract. He can therefore enter into a contract and sign a residential lease on his behalf.
Who can help me?
Find who can answer your questions in your region
- Empowerment of a minorService-Public.fr
- Notice and formalities of the leave given by the tenantService-Public.fr
- Drafting of the housing lease (rental contract)Service-Public.fr