Under 18

Produced by Patty Whiting
Last Updated May 2017

If you are under the age of 18, you do not have the legal capacity to enter into a contract or a rental agreement unless you are an “emancipated minor.” To become an emancipated minor you must go through a court process where the court legally declares you an adult.

If you are under the age of 18, a landlord may not be able to enforce a rental agreement against you, even if you misrepresented your age.43 However, you will probably be responsible for paying a reasonable amount of rent for your use of an apartment.44 If you are under 18 you cannot legally enter into a contract unless you are an emancipated minor. For more about Emancipation and the Legal Rights of Minors at www.masslegalhelp.org/children-and-families/emancipation.

Endnotes

43 . G.L. c. 4, §7 (para. 51); Raymond v. General Motorcycle Co., 230 Mass. 54, 55 (1918); Slayton v. Barry, 175 Mass. 513, 515 (1908).

44 . G.L. c. 186, §10; Gorin v. McGann, 26 Mass. App. Dec. 150 (1963).

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