Can someone under 18 rent a place on their own?
The answer is: maybe, but not always.
Many people assume that minors can never sign a lease. Others think that once the tenant has already moved in, the lease must automatically be valid. In reality, neither of those ideas is completely correct.
The real question comes down to two things:
- Is this lease something the minor genuinely needs for daily life?
- If not, did the minor obtain consent from a parent or legal guardian?
For example, renting a place in another city for school or work is more likely to be considered necessary for daily life. But if the minor simply wants to move out, or the parents do not even know about the rental, problems may arise later.
What Does the Law Say?
Civil Code Article 12:
“A person who has reached the age of eighteen is an adult.”
✨ Plain Explanation: Since 2023, a person is legally considered an adult only after turning 18. Anyone under 18 is still treated as a minor with limited legal capacity.
⚖️ Legal Source: Civil Code Article 12 – Law.moj.gov.tw
Civil Code Article 77:
“A person with limited capacity to make juridical acts shall obtain the permission of the statutory agent before making or receiving an expression of intent; provided, however, that this shall not apply where the act is purely for obtaining a legal benefit, or where it is necessary for daily life according to the person's age and status.”
✨ Plain Explanation: In principle, a minor must obtain permission from a parent or guardian before signing a contract. However, if the rental is necessary because of school, work, or daily living needs, it may qualify as an act “necessary for daily life,” and prior consent may not be required.
⚖️ Legal Source: Civil Code Article 77 – Law.moj.gov.tw
Civil Code Article 79:
“A contract made by a person with limited capacity to make juridical acts without the permission of the statutory agent shall become effective only upon acknowledgment by the statutory agent.”
✨ Plain Explanation: If the minor signed the lease without prior consent, the lease is not necessarily effective right away. It will depend on whether the parent or guardian later approves it.
⚖️ Legal Source: Civil Code Article 79 – Law.moj.gov.tw
Civil Code Article 80:
“1. The other party to the contract referred to in the preceding Article may fix a period of not less than one month and demand that the statutory agent declare whether or not the contract is acknowledged.
2. If the statutory agent fails to make a declaration within the period specified in the preceding paragraph, the contract shall be deemed not to have been acknowledged.”
✨ Plain Explanation: If the landlord is unsure, the landlord may formally ask the parent or guardian to respond within at least one month. If there is no reply, the law treats that as a refusal.
⚖️ Legal Source: Civil Code Article 80 – Law.moj.gov.tw
When Is Renting More Likely to Be Considered “Necessary for Daily Life”?
Not every lease signed by a minor will automatically be considered necessary for daily life.
The following situations are more likely to qualify:
- Renting in another city to attend school
- Renting near a workplace in another city
- Needing to live away from home because of transportation, family, or other practical reasons
For example, if a student lives in Kaohsiung but attends university in Taipei and rents a room in Taipei, that is more likely to be considered necessary for daily life.
On the other hand, if the minor lives in Yonghe and claims to need an apartment in downtown Taipei just for school, or simply wants to move out after arguing with family, it becomes much harder to determine whether the lease is truly necessary.
Why Should Landlords Still Ask for Parental Consent?
Because the idea of “necessary for daily life” is not always clear.
If the minor later stops paying rent, moves out early, or the parents suddenly say they never knew about the lease, the landlord may face an argument that the lease was never legally effective.
At that point, it may become difficult to deal with the deposit, unpaid rent, early termination, or liquidated damages.
For that reason, many landlords still ask for:
- A parent or guardian to sign the lease in person
- A written consent form from the statutory agent
- Proof of school enrollment or employment
- Contact information for the parent or guardian
📌 If the parent or guardian lives far away and cannot attend in person, they may also sign an authorization letter allowing another person to sign on their behalf.
If the Parents Object Later, Does That Automatically Make the Lease Invalid?
Not necessarily.
If the minor rented the property because of school or work and the lease truly was necessary for daily life, the parents may not be able to simply declare the lease invalid afterward.
Likewise, if the landlord agreed to rent the property and later changed their mind only because the tenant is a minor, the tenant may argue that the lease was valid from the beginning.
The key issue is still whether the lease was genuinely necessary.
If the Lease Is Invalid, Can the Tenant Live There for Free?
No.
Even if the lease is ultimately found to be invalid, the landlord may still demand payment equal to the value of the tenant's use of the property.
Because the tenant already received the benefit of living there, the tenant cannot simply stay for free.
So even if the lease itself is invalid, that does not mean the tenant may live in the property for several months without paying anything.
🤡Related Read: What Are the Options for Renting Out Properties in Taiwan?
🎪 Related Read: Is a Rental Agreement Always Necessary in Taiwan?
🎭Related Read: What Are the Types of Government-Issued Residential Lease Agreements in Taiwan?
🔪 Related Read: Are Digital and Electronic Signatures Legally Valid in Taiwan?
Conclusion
A minor is not automatically prohibited from renting a property, but that does not mean every lease is automatically valid.
If the rental is necessary because of school or work in another city, the lease is more likely to be treated as something necessary for daily life. Even so, the safest approach is still to obtain consent from a parent or guardian before signing the lease.
For landlords, this reduces the risk of the lease later being challenged. For tenants and parents, it also helps avoid future problems involving deposits, rent, or early termination.
