Topic: Just when I think I've seen it all... Have a 'family' that looked at an apartment to rent.

Just when I think I've seen it all...

Have a 'family' that looked at an apartment to rent. They like it and want to apply. BF / GF and 4-month-old infant. Upon applying, turns out GF (mother of baby) is 17 yrs old. Wondering about this situation on multiple levels. Since she's under 18, does her application even count? Second, is their relationship legal and am I condoning it by renting to them? Just not comfortable with this whole situation. Anybody have any experience with anything like this, and sound advice?

The BF would have to qualify for the apt on his own. Or have a co-signer. She would be listed as an occupant

Under 18- she should have paperwork that she has been emancipated. If not nope she can’t sign a contract.

Lesli Roddy Frazier nope. Not if she is a mother.

Lesli Roddy Frazier and not necessarily in every state.

You don't need to condone anything. What is the legal age of adulthood in your state? If 18, then her application is not valid.

Shannon Ray , right. The word "condone" is sus...

Tammy Hynes this part. Makes me concerned honestly. I hope he’s not biased towards applicants based on his personal beliefs and values.

I want to say that her application should be voided and they should be screened based on just the boyfriends income. Regarding their relationship, that’s a civil matter that I think would be best to stay out of because it could get ugly. Depending on the state they are moving from or your state, 17 is the legal age to consent. I would just keep it as black and white as possible for your protection.

If your rental criteria state that all applicants have to be age 18 then she cannot apply. Could you make her an occupant for the time being?

Your personal feeling need to be taken out of the situation. They have to be treated like regular applicants per Fair Housing. She and the baby will be an occupant. If he doesn’t meet the rental criteria then he will need a guarantor or co-applicant that does qualify. The legality of their relationship is non of your business. Either he meet rental criteria or he doesn’t.P.S: don’t make the application process difficult. Simply tell them that she cannot be a co-applicant because she is not of legal age to sign a lease. However she can be listed as an occupant.

Lee Ann if she is underage and not his dependent how would she be an occupant? That doesn’t make sense.

Joe Mendez I’ve had applicants that were best friends and wanted to lease together. One was 19 the other was 17. The 17 year old was an occupant and the 19 year old was the lease holder. In Texas that is completely fine. An occupant is not required to be a dependent.Does that make sense? Also, who’s to say that she’s not a dependent of his considering her age? This is all surface level. You’re throwing a dynamic in that’s unnecessary.

Joe Mendez occupant and dependent aren't the same thing. One isn't dependent on the other.

Lee Ann agree

I've used this a few time when I had properties in PA www.avail.co/.../pennsylvania-landlord-tenant-law

Bf needs to qualify on his own, she and the baby will be listed as occupants. If he can’t qualify on his own, then I’d recommend seeing when she turns 18 and apply then. I’m not sure about emancipation laws though so look into that as someone mentioned. I viewed your profile as well and see you’re in PA. It looks like the legal age of consent there is 16. So you do need to set aside your beliefs. Treat it as you would anyone else. You don’t want to be sued over fair housing.

Allie Gartside Correct, just follow your State and Federal laws, don't judge.

Your position is to lease according to laws and the lease in your State…not if you should “condone” someone’s life choices. Under 18 cannot enter into a legal binding contract in most states, if not all.

As she is a mother, she can legally sign a lease at 17.

Eric Rivera why would you think that? Is that something specific in your state? A 17 is a minor and can’t be held to a signed contract.

Joe Mendez because 12 yrs experience in LIHTC and 6 HUD audits tell me so. Youre applying logic. Logic has no place in this situation Sir.

Eric Rivera I think you are not correct. I have looked and looked and have not seen anything that says that there is any exception to the fact that a person has to be over 18 to have a contract be legally binding. EDIT: yes they can SIGN it, but it's not enforceable if THEY break it.

Marc Alaia a 17 yr old mother is deemed an adult and cannot be denied based on age alone. Yes, she must qualify on other criteria, but I have had a 17 tr old with a housing voucher that was not emancipated.

Eric Rivera unless you can show me a law or case law, I think that that is either overreaching by a state agency or a common belief in a organization and everyone just goes along with it.

Marc Alaia well. Im sitting in my recliner watching Yellowstone atm. First chance i get i will look it up.

Marc Alaia yea you wont hear from Eric Rivera again on this one. At least we won't get the actual law as a reference. I have never heard of someone being instantly of legal age just because they had a baby. (I've also taken LIHTC and HUD training)

Eric LeBlanc youre such an angry elf. Chill bro. Im looking into it. I know in my situation the girl got a voucher. Im trying to confirm her circumstances.

Eric LeBlanc agreed

Eric Rivera not in my state you can’t, mother or not, she cannot sign a contract at 17

Rochelle Kirk don't waste your time. I asked him to provide any kind of proof and he can't.

Being under 18 is not generally a limitation on the minor in a contract. Most often, it makes the contract voidable by the minor. This is why most people require a person to be over 18. Because they can’t enforce the contract against a minor in court.There may be other considerations in situations such as emancipation and/or legal guardianship that I am unfamiliar with. Also I would not be familiar with any state law specifics for your property. And I am not a lawyer and this should not be considered legal advice.

Or instead taking advise from us, wait till tomorrow and consult your property attorney . They will steer you in the right direction

Minors do not have the legal capacity to enter into a binding contract. However, an agreement made while a person was a minor may be expressly or impliedly ratified once they reach the age of legal majority so that the agreement becomes valid and binding.

She may be what they call an emancipated minor which means she could possibly be able to sign a contract in your state. Safest route is to place her on lease until she turns 18, then have her sign lease as a leaseholder. Good luck!

Follow the laws of your state. And be cautious of stating your own opinions of the situation to others.

I think you used the wrong word when you said condone… I think you meant would you be abiding by the law but as others have stated, you need to know what your state allows. In Alabama you must be 19 - doesn’t matter about their relationship or if they have a baby, etc.

Your job isn’t to condone anything but follow the law.

Condone sounds like “lawsuit”

Depends on state marriage laws.

Only someone 18 or older would be able to be a party to the contract. Whether the GF would be allowed to live in the apartment would be subject to what your lease says about occupants, and state/local laws. Realistically, she's going to move in, whether you approve it or not, so I would review the lease with him and discuss the consequences of having unauthorized occupants if your lease and/or the law don't permit it.

I mind my own business follow the law and do my job...heads on beds simple

He does the application and she with infant are occupants on the lease

I wonder what happens when he gives her legal occupant status and the parents show up at his door because they didn’t give permission.

I had a similar situation but she was younger. We are LIHTC so I asked our compliance folks. Legally speaking she’s a dependent. Her mom had to provide a notarized document saying she could live with him. Per state compliance, anything else would be age discrimination on our part. They actually ended up being good tenants.

In Va you have to be 18 to sign a lease. I would qualify him only and she and baby would be occupants.

In Oregon, a woman is considered automatically emancipated if they are 15 and over and have a child

I’ve been married for 43 years. I say this because 43 years ago I was this 17 year old girl, my husband had just turned 18. My Mother! and husband signed the lease and I, along with our baby was listed as occupants until I turned 18.

Lisa Michelle Allen England this

Please consult an attorney! Depending on where this situation is occurring the young woman may be a legally emancipated adult.

Nadeen Green great advice!

Do not judge and follow your local/state laws. Under 18 should not be able to legally sign a legal document. But again, check your local laws.

In some states if she’s had a child she’s considered an adult. Check with Legal

If she legally emancipated can’t she be treated as of legal age?

Just a thought.... can she be an occupant but also be the boyfriends dependent? depending on if she claims herself or if someone else claims her as a dependent...