Young v. Weaver

883 So.2d 234 (2003)

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Nature of the Case

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Facts

D was 18 years old and had been living with her parents all of her life, decided that she 'wanted to move out and get away from [her] parents and be on [her] own.' D and a friend, Ashley Springer, also a minor, signed a contract for the lease of an apartment with D on September 20, 2001. No adult signed the lease as a guarantor. D was employed on a full-time basis at a Lowe's hardware store located in Tuscaloosa at the time she entered into the lease agreement. Young paid a security deposit in the amount of $300; the rent for the apartment was $550 per month, and the lease was set to expire on July 31, 2002. D and Springer continued to live in the apartment during October and most of November 2001. D moved out near the end of November and returned to live with her parents. D paid the full amount of her portion for October and November, but she stopped making any rent payments after she moved out of the apartment. D's dog damaged part of the floor and the bathroom door in the apartment, causing $270 in damage. D did not pay for this damage before vacating the apartment. P managed to rent the apartment to someone else in June 2002. P filed a claim against D in the Small Claims Court seeking unpaid rent and the damage done by D's dog. The court ruled in favor of P and awarded $1,370 in damages. D appealed and the circuit court also entered a judgment in favor P and awarded him $1,095, the amount of D's share of the unpaid rent for December 2001 and January and February 2002, as well as the $270 in damage caused by D's dog. D appealed. D argues that the apartment was not a 'necessity' and that, therefore, as a minor, she was not legally bound by the lease and owes P nothing.