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Can a minor sign a rental contract (house lease)?

Verified 05 February 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Everything depends on whether the minor is emancipated, that is to say assimilated to a major by court decision.

Unemancipated minor

Where the minor is not emancipated, it does not have the legal capacity to sign a contract. The housing lease must then be signed by at least one legal representative (parent or guardian) of the minor, even if the signatory does not occupy the dwelling.

If a landlord has nevertheless signed a rental contract with a non-emancipated minor, there are 2 cases:

  • The minor may terminate the lease. If he can demonstrate harm, he can do so without having to respect a notice period. It informs the owner using a leave letter (by registered letter with notice of receipt, or by bailiff's act, or by handing over against deburring or receipt) and provides him with a proof of injury. If he cannot prove injury, he must comply with the tenant's notice (leave) rules applicable in the context of a residential lease or mobility lease..
  • The landlord can terminate the rental. However, he cannot use the fact that the contract is worthless to terminate the lease. He must respect notice (leave) rules given by the owner..

Emancipated minor

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 in his name.