## Facts

- A landlord leased an Omaha apartment to two tenants under a written lease requiring monthly rent, a security deposit, seasonal utility payments, and late-fee liquidated damages.
- Both tenants were minors when the lease was executed, and the landlord knew of their minority at contracting.
- The tenants paid the security deposit and initial rent but failed to pay the next month’s rent.
- After the landlord demanded payment, the tenants vacated the apartment within weeks of moving in.
- The tenants had the option to return to their parents’ homes and were not without alternative shelter.
- The landlord demanded damages for unpaid rent and other charges; the tenants denied liability based on minority.

## Issues

1. Whether the apartment lease was a contract for “necessaries” such that the minor tenants could be held liable despite minority.
2. Whether the tenants effectively disaffirmed the lease, and the legal effect of disaffirmance on liability for unpaid rent and related charges.
3. Whether the tenant who reached the age of majority ratified the lease by conduct after attaining majority.
4. Whether alleged emancipation affected the tenants’ contractual liability for the lease.

## Decision

- The court reversed the district court’s judgment and remanded with directions to enter judgment for the tenants.
- The lease was not for “necessaries” because the tenants had available parental housing and the apartment was not required for their maintenance.
- The lease was voidable at the tenants’ election; both tenants disaffirmed (one during minority and the other within a reasonable time after reaching majority).
- The tenant who reached majority did not ratify the lease; his conduct was inconsistent with an intent to be bound.
- The landlord could not recover unpaid rent, utilities, late fees, or other claimed lease damages.
- The tenants were entitled to recover amounts they had paid under the lease, including the security deposit and rent already paid.

## Legal Principles

- A minor’s contract is generally voidable at the minor’s election, subject to liability for the reasonable value of “necessaries.”
- Whether an item is a “necessary” depends on the minor’s actual circumstances; shelter is not a necessary when adequate parental housing is available.
- An adult who knowingly contracts with a minor assumes the risk that the minor will later disaffirm the agreement.
- Disaffirmance may be made during minority or within a reasonable time after reaching majority; ratification requires post-majority conduct clearly manifesting an intent to be bound.
- Emancipation does not, by itself, grant full contractual capacity or convert a non-necessary into a necessary.
- Upon proper disaffirmance of a non-necessary contract, the minor may recover payments made, and the other party cannot enforce the contract for future performance or damages.

## Conclusion

The court held the apartment lease was not a necessary under the tenants’ circumstances, permitted disaffirmance by both minors, rejected post-majority ratification, and required judgment for the tenants, including restitution of payments and denial of the landlord’s claimed lease damages.


Webster Street P'ship, Ltd. v. Sheridan, 220 Neb. 9, 368 N.W.2d 439 (Neb. 1985)