Renting to minor? Looking for advice

[TheBacon]

Hi all,

A young couple have applied for an IP of mine. One is 19yrs and the other 17.

I recall reading somewhere that a rental contract with a minor is not enforceable. What then are my options?

Rent to older one only but mention younger in the conditions?

Dont rent as they are too risky (due to age, references check out...)

Ask for parental guarantee?

Any others had similar situations? Any suggestions?

thanks

TheBacon

 

[Savanna100]

Rent to the older one......you generally can't contract with a minor as they have the legal status of an 'infant' in terms of contract law.



Savanna

 

[TheBacon]

Thanks savannah, that's what I intend to do. However I am under the assumption that I'm not allowed to discriminate against someone on the basis of age.

This may leave me in a strange position where I have contract legally binding me to let a property but where the tenant can simply say "I'm a minor" and not pay, damage, cause troubles etc....

I have informed the prospective tenants that I am happy to sign up the 19yr old and add in the 17yr old as being allowed to occupy the property. However all responsibility for payments, damage, etc will be with the 19yr old Tenant.

In my mind this is not discrimination as I am allowing the 17yr old to reside in my Property.

any thoughts?

TheBacon

 

[Kristine..]

Bacon

Discrimination must have a basis in law.

As you and they are unable to enter into an enforceable contract because of the incapacity of the minor to make such a contract, discrimination can not exist.

By your anxiety I assume you are letting the property yourself, and not using an agency, who would be able to advise you on this matter. Therefore, seek advice from WA Consumer Affairs / Fair Trading to determine the exact procedure and / or wording appropriate to this situation.

Many leases have a 'lead' tenant, that is, the one who is responsible and legally accountable for the actions of all the occupants in the house. In a family situation, the adults are responsible for the children. If a child -or a visitor - breaks a window, or draws on the walls, it is the leaseholder who is responsible for the damage.

For my money, I wouldn't even name the 17 year old in the lease. I would acknowledge that the 19 year old 'and one other' will be occupying the property on an ongoing basis. Who that 'one other' is, is really none of your business.

However, should they stay more than twelve months, you have an opportunity to make the (re)newed lease out in both names at that time.

Bacon, remember, there isn't any need to reinvent the wheel. It's all been done before. Check with Fair Trading or get a solicitor / licensed agent to draw up the lease then you know you have a reliable document.

Cheers

Kristine

 

[asy]

Hiya Bacon,

You can't discriminate, but you can choose not to put someone into a property

My suggestion in this case is to ask the parents to go guarantors.

If they will, great, you have a backup, if they won't, then they probably know their child better than you, and I'd steer clear...

just a thought...

asy

 

[TheBacon]

Thanks all,
I think I'll go with the easy option and rent to the 19yrold only and 'one other' as Kristine suggested.

Yes I am renting it out myself. It has been time-consuming by relatively easy and a lot quicker and less stressful than when I had it with agents. Not to paint you all with the same brush, but the ones I had dealings with were more trouble than they were worth.

Thanks again, its great to be able to ask questions like this and get quick answers.

TheBacon

 

[XBenX]

I have some minors in a property.- they were moving to the city to study.

I requested the parents be on the lease.

Turned out to be the right choice - the place is immaculate

 

[TheBacon]

Update

The couple has been in for 3 days.

So far they have;
Put in an extra secirity lock on the front door, and
changed the battery on the security gate remote control.

all at their expense and time, plus they asked me first if I would mind...

Also they were very particular with the property condition report, politely notifying me of a few things that didnt work properly.

They both work full time, their references checked out and from meeting them they seemed 'together' and 'mature'. While it is still very early days I am impressed with these two and will not be so scared of minors in the future.

Note; the lease is in the 19yr olds name just for my personal peace of mind, the 17yr old didnt mind.

Heres hoping they stay and pay rent for a long time...

TheBacon.

 

[Kristine..]

Congratulations Bacon

It's good that you were able to work through these issues and feel assured that you were doing the 'right thing'.

Right thing by trusting them, right thing by looking after your own interests, all the usual 'right things'!

And we never know if we don't have a go.

Cheers

Kristine

PS

How ever did we manage before, without the wealth of opinion and experience available through this forum?

And with the speed of the Internet, we can have answers almost as quickly as being in one large conversation going on 24 hours per day!