Old enough to live on her own but not to sign a lease

Question: My 17-year-old daughter has a full-time job and goes to a school in another county. The school does not allow students to stay on the weekends, so she comes home each Friday evening after work. The drive is getting to be too much for her. She wants to get an apartment near school, but several landlords have refused her application, saying she is too young. She supports herself on her income and could afford the rent. Is it legal for landlords to refuse her applications based on age?

Answer: The answer is most likely yes. Age discrimination in housing transactions is prohibited in California, but it applies only to people over age 18. In general, people under 18 do not have the legal capacity to sign a contract. The law does not recognize them as being bound by the terms of a contract in the same way as an adult, so a landlord is not required to enter into a contract with someone under 18.

If your daughter were legally emancipated (through a court order stating that she was no longer under your guardianship and was capable of supporting herself), the court might declare her to be competent to sign a lease. In this case, landlords could not use her age as a reason to deny her application. They would have to apply the same credit, reference and income guidelines as for adults.

The other possibility is asking a landlord to allow you to sign your daughter’s lease, and be legally obligated under its terms. If your daughter didn’t pay the rent, the landlord could hold you liable. Additionally, if your daughter were evicted through the court process for any reason, the eviction would appear on your credit record as well as hers. If you are willing to accept these consequences, you could be a co-signer for your daughter.

Roommate wants friend to move in

Question: My roommate and I have separate rental agreements for our apartment, but we share the utilities and rent equally. My roommate wants to move her boyfriend into the apartment. The landlord has agreed to add him to her rental agreement, but I don’t want the boyfriend living here. Can the landlord allow anyone to move into my apartment without my consent?

Answer: The key phrase in your question is “separate rental agreements.” If you both were named on the same rental agreement, each of you would have equal rights. For example, neither of you could compel the other to move or force any changes of the tenancy without the approval of the other. However, since you have separate rental agreements, each of you is free to make changes to your personal tenancy, such as bringing in a new occupant.

It is unusual for roommates to have separate agreements much like a boarding house. Contact your local housing mediation program to help resolve this matter with your roommate.

Manager has final yea or nay on pets

Question: The city in which I live has an ordinance that allows three pets per household. I have two dogs and want to get a cat. The manager of my apartment building says I’m not allowed to have more than the limit of two pets stated in my rental agreement. I disagree and say the number allowed by the city ordinance should be honored. Am I right?

Answer: The resident manager is within his or her rights to restrict the number of pets to the number listed in your rental agreement. Except for service animals, such as guide dogs, the number of animals permitted on either private or rental property is at the owner’s discretion.

This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087, but cannot be answered individually. For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.