If I signed and canceled a lease agreement but I am not old enough to sign, do I have to pay the cancellation fee?

UPDATED: Jul 21, 2012

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If I signed and canceled a lease agreement but I am not old enough to sign, do I have to pay the cancellation fee?

I signed a lease agreement for a week stay. I canceled due to my army friend’s leave being delayed. The lease agreement and credit card authorization form stated I am obligated to pay the amount equal to one nights stay. The only time I talked with them on the phone is when I called to make the cancellation. They stated I would have to fill out and sign a new credit card authorization form. Do they have to contact me/give me a notice before it ends up at a collection agency? The lease says I must be 25 or older to rent, I am only 23, and they know this, does this nullify the agreement?

Asked on July 21, 2012 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The provision in the agreement that you signed requiring an age of 23 years of age or older is invalid with respect to the housing rental agreement since it is in violation of federal and state law since it discriminates on "age". If you are 18 years of age or more you should be allowed to rent to premises since you are an adult.

From what you have written, you are obligated under the lease. However, if you want to cancel the lodging due to circumstances that you have written, you should contest the charge on your credit card and bring up the subject that the lease discriminates on age as a means of possibly not having to pay the amount of one night's stay as a cancellation penalty.

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