Question

WRITE 3 Paragraphs For Your Response: Analysis in your Discussion AND Your Discussion needs depth Kalen is a seventeen-year-old minor who has just graduated from high school. He is attending a uni- versity two hundred miles from home and has contracted to rent an apartment near the university for one year at $500 per month. He is working at a convenience store to earn enough income to be self-supporting. After living in the apartment and paying monthly rent for four months, he becomes involved in a dispute with his landlord. Kalen, still a minor, moves out and returns the key to the landlord. The landlord wants to hold Kalen liable for the balance of the payments due under the lease. Discuss fully Kalen's liability in this situation.

Answer 1

In this case the main point that has to be considered is that Kalen was a minor at the time of entering into a contract with his landlord. As per the provisions of contract law a minor who enters into a contract for the purpose of shelter can disaffirm the contract and remains liable for the reasonable value of use. Here the use is of four months for which Kalen has paid the rent.

After the fourth month Kalen moves out following a dispute with the landlord. Kalen has paid rent for four months and hence Kalen has cleared all his dues till his use of the apartment. The provisions of contract law will not allow the landlord to hold Kalen liable for any of the remaining payments. The remaining payments that the landlord is claiming is for 8 months (12 – 4 = 8) and because minors are protected by law Kalen will be disarmed from any legal rights because of his immaturity.

In this case it should be noted that Kalen had the legal ability to enter into contractual relationship with his landlord even though he was a minor because the contract involved a necessity i.e. shelter. However the provisions of law will enable Kalen for disaffirmance i.e. legal avoidance of contractual obligation. The act of giving back the keys of the apartment to his landlord will be regarded as a physical expression on part of Kalen of not wanting to be bound by the contract. As Kalen has paid for his use in the form of four months of rent his landlord will not be able to hold Kalen legally liable for the payment for remaining 8 months.