Kim Young and a roommate leased an apartment from Phillip Weaver in Alabama, USA. Both Ms. Young and her roommate were 18 years old when they signed the rental lease. In Alabama, the age of majority is 19, and no adult signed the lease as a guarantor. Ms. Young lived in the apartment and paid rent from September 2001 to November 2001. Ms. Young moved out near the end of November and returned to live with her parents. Young paid the full amount of $236 for her portion of the rent for October and November, but she stopped making any rent payments after she moved out of the apartment. Young had a dog that stayed in the apartment with the roommate; it is undisputed that the dog damaged part of the floor and the bathroom door in the apartment, causing $270 in damage. Young did not pay for this damage before vacating the apartment.
On February 19, 2002, Weaver filed a claim against Young in the Small Claims Court of Tuscaloosa County, seeking damages for the unpaid rent and the damage done by Young’s dog to the apartment. The court ruled in favor of Weaver and awarded $1,370 in damages. [Young v. Weaver, 883 So. 2d 234 (2003)]
- Was Kim Young bound to the lease agreement? Why or why not?
- What is her capacity and legality in this situation? Explain.