Can a minor sign a residential lease?

Verified 28 May 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

It all depends on whether the minor is emancipated, that is to say, if he is assimilated to a major by a court decision:

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The minor is not emancipated

A minor has no legal capacity to sign a contract. The residential lease must then be signed by at least one legal representative (parent or guardian) of the minor, even if the person signing does not occupy the dwelling. If a landlord has nevertheless signed a housing lease (or mobility lease) with a non-emancipated minor, 2 situations are possible:

The landlord wants to end the lease

To terminate the lease, the owner must comply with the rules of notice (leave) given by the owner for a residential lease. In the case of a mobility lease, at the end of the lease, the landlord does not need to give the tenant his leave (notice) to terminate the lease.

The miner wants to terminate the lease

In general, the minor must respect the rules of notice (leave) of the tenant for a residential lease or for a mobility lease.

But if he can show harm (e.g. unsanitary housing), he can terminate the lease without having to respect a notice period. To do so, he must inform the owner by registered letter with acknowledgement of receipt, or by act of commissioner of justice (formerly act of judicial officer), or by hand delivery against receipt. It must also provide proof of the damage.

The minor is emancipated

The minor is emancipated has the legal capacity to sign a contract. He can therefore enter into a contract and sign a residential lease (or mobility lease) in his name.

If the emancipated minor wants to terminate the lease, he must respect the rules of the notice (leave) given by the tenant for a residential lease, or for a mobility lease if this type of lease has been signed).

If the owner wants to terminate the lease, it must comply with the rules of notice (leave) given by the owner for a residential lease. In the case of a mobility lease, at the end of the lease, the landlord does not need to give the tenant his leave (notice) to terminate the lease.

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