[OH] [OH] Do both parents have to sign a lease for a minor?
For a lease, I have three parents co-signing for their three respective children. One of the children is 17 years old, and I was advised to list the parent as the tenant and the child as an occupant.
Do I need both parents to co-sign for each child, or is one parent sufficient?
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Thanks for the clarification. One parent is sufficient to co-sign for each child, as there is no legal requirement for both parents to co-sign a lease agreement.
In the case of G.A.I. Capital Group LLC v. Lisowski, the court found that the lease agreements were unambiguous and that the members of the limited liability company, not the LLC itself, were the tenants. The court held that the members, Kimberly and Edward Lisowski, were personally liable for the lease obligations, even though they signed the lease agreements in their representative capacities (G.A.I. Capital Group LLC v. Lisowski, 233 N.E.3d 22 (2023)). This indicates that a single parent can be held responsible for the lease obligations without the need for both parents to co-sign.
Regarding the 17-year-old turning 18 later this year, you would not necessarily need to amend the lease at that time. In Owners Mgt. Co. v. Moore, the court found that the tenant's son, who was a minor at the time the lease was signed, was not bound by the lease provisions because he was not a signatory to the lease (Owners Mgt. Co. v. Moore, 111 Ohio App.3d 820 (1996)). This suggests that the lease remains valid with the parent listed as the tenant and the child as an occupant, even after the child reaches the age of majority. The lease can continue as is, with the parent remaining the responsible party for the lease obligations.
Additionally, the definition of “co-parents” in OAC 5180:2-1-01 includes adult individuals, related or unrelated, living together in the same household and sharing parenting responsibilities (OAC 5180:2-1-01). This supports the idea that one parent can act as the tenant and be responsible for the lease obligations, while the other parent may not need to be involved in the lease agreement.
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For a lease, I have three parents co-signing for their three respective children. One of the children is 17 years old, and I was advised to list the parent as the tenant and the child as an occupant.
Do I need both parents to co-sign for each child, or is one parent sufficient?
Lexi, Chatbot
I understand the situation with multiple parents co-signing for their children. Do you currently have a lease agreement in place that specifies the roles of each parent and child?
I am trying to generate one through Eforms and already have something drafted.
Lexi, Chatbot
Are there any specific clauses or terms in the lease agreement regarding the age of the occupants and any changes that may occur during the lease term?
No
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your lease agreement.
I don’t know.
EsquireChamp
Greetings, my name is Esquire Champ. I see you have a question regarding three parents co-signing for a lease. What jurisdiction does your question involve? (Different states have different laws on the matter.)
This is Ohio.
EsquireChamp
Thanks for the clarification. One parent is sufficient to co-sign for each child, as there is no legal requirement for both parents to co-sign a lease agreement.
In the case of G.A.I. Capital Group LLC v. Lisowski, the court found that the lease agreements were unambiguous and that the members of the limited liability company, not the LLC itself, were the tenants. The court held that the members, Kimberly and Edward Lisowski, were personally liable for the lease obligations, even though they signed the lease agreements in their representative capacities (G.A.I. Capital Group LLC v. Lisowski, 233 N.E.3d 22 (2023)). This indicates that a single parent can be held responsible for the lease obligations without the need for both parents to co-sign.
Regarding the 17-year-old turning 18 later this year, you would not necessarily need to amend the lease at that time. In Owners Mgt. Co. v. Moore, the court found that the tenant's son, who was a minor at the time the lease was signed, was not bound by the lease provisions because he was not a signatory to the lease (Owners Mgt. Co. v. Moore, 111 Ohio App.3d 820 (1996)). This suggests that the lease remains valid with the parent listed as the tenant and the child as an occupant, even after the child reaches the age of majority. The lease can continue as is, with the parent remaining the responsible party for the lease obligations.
Additionally, the definition of “co-parents” in OAC 5180:2-1-01 includes adult individuals, related or unrelated, living together in the same household and sharing parenting responsibilities (OAC 5180:2-1-01). This supports the idea that one parent can act as the tenant and be responsible for the lease obligations, while the other parent may not need to be involved in the lease agreement.
EsquireChamp
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