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
- 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.
- 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.