Can a miner sign a house lease?

Verified 08 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)

It depends on whether the minor is emancipated, that is to say, if it is treated as a major by a court order:

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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.

Please note

If the minor has in the meantime become an adult, the act will not be canceled.

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.

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