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Legal query

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  • 16-10-2007 3:04am
    #1
    TheMilkyPirate
    Registered Users Posts: 6,009 ✭✭✭


    I'm curious as to whether or not you have to be 18 to sign a lease?
    Or is there a legal age you must reach before you are allowed move out, Or is it entirely up to you and your parents?

    I'm asking because i am 17 and planning on getting my own place. Parents are OK with it as they believe i am old enough to start making my own decisions now. And i want to know what obstacles if any i will encounter?

    Thanks.


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    #2
    horgan_p
    Moderators, Education Moderators Posts: 2,606 Mod ✭✭✭✭horgan_p


    I dont think you will have a legal problem, but you may run into landlords who will refuse to rent to you based on your age (but they wont say that of course)


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    #3
    TheMilkyPirate
    Registered Users Posts: 6,009 ✭✭✭TheMilkyPirate


    horgan_p wrote: »
    I dont think you will have a legal problem, but you may run into landlords who will refuse to rent to you based on your age (but they wont say that of course)


    What do you mean exactly?


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    #4
    horgan_p
    Moderators, Education Moderators Posts: 2,606 Mod ✭✭✭✭horgan_p


    some landlords will judge you based on age ( i.e. at 17 or 18 will s/he look after the apartment). and will throw out a line that they're looking for "professionals".
    i'm not saying its right , just saying it happens.


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    #5
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,218 Mod ✭✭✭✭godtabh


    Dont you have to be 18 to sign legal documents by yourselg and if under age your parents have to?


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    #6
    UrbanFox
    Registered Users Posts: 472 ✭✭UrbanFox


    I don't know the answer to your specific question.

    However, based on what I remember of Law of Contract a contract can be enforced against a "minor/infant" (an under 18 in Ireland) if the contract is one for "necessities" as per the Infants Relief Act 1874.

    I imagine that living accomodation would constitute a necessity so that should not be a problem for you.


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    #7
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    To the best of my knowledge, you're still officially a minor in Ireland until 18. This makes you unable to enter into legal contracts without your parents' consent.

    You would also not be permitted by law to "leave" without their consent. That is, if you leave they can forcibly bring you home. Once you hit 18, you cannot be forced to return home because you're a legal adult.
    I imagine that living accomodation would constitute a necessity so that should not be a problem for you.
    Could be debatable. If your parents already have a home, then that necessity is provided for, so the contract wouldn't be a "necessity".


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    #8
    TheMilkyPirate
    Registered Users Posts: 6,009 ✭✭✭TheMilkyPirate


    So with my parents consent it's ok? Or they could sign it for me?
    If theres 2 people moving in somewhere together and one of them is 18, Is that a different situation?


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    #9
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    baraca wrote: »
    So with my parents consent it's ok? Or they could sign it for me?
    If theres 2 people moving in somewhere together and one of them is 18, Is that a different situation?

    The person who is 18 is unable to sign on your behalf- the only people who can sign on your behalf are parents or legal guardians (a court order can also be issued on your behalf which would have similar legal standing).


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    #10
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    baraca wrote: »
    So with my parents consent it's ok? Or they could sign it for me?
    If theres 2 people moving in somewhere together and one of them is 18, Is that a different situation?
    The person who's 18 can sign the lease and they both can live there, but the 17 year old has no rights. They would effectively be living as a tenant in the 18 year old's leased home and could be evicted at a moment's notice.

    As said above, if you want a joint lease, the only people who can sign on your behalf are your legal guardians.


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