## Facts

- Kim Young, age 18 (a minor under Alabama law), signed a written apartment lease with Phillip Weaver on September 20, 2001; no adult guarantor signed.
- Young was employed full-time and paid a $300 security deposit; rent was $550 per month with a term ending July 31, 2002.
- Young and a roommate moved in late September 2001, paid prorated September rent, and lived there through October and most of November 2001.
- Near the end of November 2001, Young moved out and returned to live with her parents; she paid her share of October and November rent but paid no rent thereafter.
- Young’s dog caused $270 in damage to the apartment’s floor and bathroom door; the damage and amount were undisputed and unpaid when she vacated.
- Weaver re-rented the apartment in June 2002.
- Weaver sued in small claims court for unpaid rent and damages; judgment entered for Weaver. On de novo appeal, the circuit court awarded Weaver $1,095 for rent (December 2001–February 2002) plus $270 for damages.
- Young appealed from the circuit court judgment.

## Issues

1. Whether the apartment lease was enforceable against Young as a contract for “necessaries,” or voidable due to her minority where her parents were able and willing to provide her housing.
2. Whether Young could avoid liability for the undisputed $270 property damage caused by her dog despite disaffirming the lease.

## Decision

- The appellate court reversed the rent award, holding the apartment was not a “necessary” because Young had a suitable parental home available and could disaffirm the lease.
- The court affirmed the award for $270 in property damage.
- The case was remanded with instructions to enter judgment for Weaver limited to $270.

## Legal Principles

- A minor’s contract is generally voidable at the minor’s election, but a minor may be liable for the reasonable value of “necessaries” furnished.
- Whether something is a “necessary” depends on the minor’s circumstances; housing is not automatically a necessary.
- When a parent is able and willing to provide a suitable home, a minor ordinarily cannot bind herself to pay for separate housing as a necessary.
- Disaffirmance of a voidable contract does not relieve a minor from responsibility for actual physical damage to property obtained or used in connection with the contract.

## Conclusion

The court held that an 18-year-old tenant could disaffirm an apartment lease and avoid liability for unpaid rent when she had a suitable parental home available, but she remained liable for repair costs stemming from damage she caused to the leased premises.


Young v. Weaver, 883 So. 2d 234 (Ala. Civ. App. 2003)