Bobby Webber
New Member
The only thing I need it for is to rent a house
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Emancipation in South Carolina
- Thread Starter Bobby Webber
- Start date
Zigner
Well-Known Member
No, that's not the only thing you need it for in order to establish the business you wish to establish. There is no way any insurer is going to insure a 17 year old in this circumstance.
zddoodah
Well-Known Member
Then seek a consultation with a local attorney. The emancipation almost certainly will cost less than 10% of that amount.
Zigner
Well-Known Member
Another point...no matter WHAT a court says, you cannot force other folks to enter into a contract with a 17-year-old kid.
Bobby Webber
New Member
I was selling four wheelers for a year. I only need emancipation to rent a house
adjusterjack
Super Moderator
Not necessarily.
The SC landlord-tenant security deposit statute does not limit the amount that a landlord can require as a security deposit.
You might find that dealing directly with a rental house owner (who lives nearby) and offering a larger than usual cash security deposit would be to your advantage. Explain to the owner that a place to live is a necessity and you won't be allowed to disavow the contract.
See 63-5-310 Ratification of a Minor's Contracts.
South Carolina Code Section 63-5-310 (2022) - Ratification of minor's contracts. :: 2022 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia
A 12 month lease will last beyond your 18th birthday.
Look for a house with a garage and a backyard workshop building, so you can avoid having multiple four wheelers exposed to the view of neighbors, to work on them in the back yard if you need to. You start getting complaints from the neighbors and you'll find yourself looking for another place real fast.
Bobby Webber
New Member
Thank you very much for the advice, this is what I was thinking. I'd be willing to pay somebody 6 months lease upfront cash. That's also what I wanted for the house
Zigner
Well-Known Member
Is irrelevant. The OP wants to lease a house in Florida. With that said, Florida law appears to allow the same thing (Statutes & Constitution :View Statutes : Online Sunshine).
Now, no matter WHAT the amount of deposit the OP provides, as a minor he would be free to leave a month after moving in and the LL would have no recourse and would need to return the deposit in full (less any damages, of course). After the OP turns 18 and continues to pay rent, that wouldn't be the case any more.
Bobby Webber
New Member
Wo
Thanks for taking the time to write this and help me. Would it be realistic to find a landlord that would rent to me with a large deposit? 4 months rent probably. If not would it be possible if my parents co-signed?
Zigner
Well-Known Member
I'm sure you could find somebody who would be foolish enough.
Heck, it might even work out fine for them in the long run.
Zigner
Well-Known Member
I need to say that although my posts are coming across as a bit harsh and negative about your plan, I am impressed by what you've accomplished to this point. I wish you continued success...truly.
Bobby Webber
New Member
I personally wouldn't
I wouldn't rent to a minor but I know for a fact if someone rented to me it would be worth it for them. The other reason I forgot to share why I need to get emancipated is because I need to sue someone. Somebody traded me a stolen dirt bike for a $7000 four wheeler and I need to sue them. I don't think a normal 17 year old can sue by themselves and my parents are too busy to help.
Just remember that after you have paid all the money to an attorney and paid the filing fees, you will probably not get a hearing before your 18th birthday, and then it will be moot.
adjusterjack
Super Moderator
Why not? If somebody like you came along and offered 6 months prepaid rent and demonstrated the financial capability, it would be worth taking a chance. A landlord would have the cash. A minor would have a hard time disavowing a contract for a necessity and he would have to sue for it, which he could not do on his own as a minor. By the time it got into court he'd be 18 and fully responsible for the contract under SC statute that I posted earlier. I don't see where a landlord has any more to lose with a minor than he would have with any other tenant.
I was a landlord for 20 years. I wouldn't do it in AZ because the combination of pre-paid rent and security deposit is statutorily limited to 1.5 times one month's rent. But I would consider it in a state where I could collect as many months pre-paid rent (that isn't subject to the security deposit laws) as would make me comrortable.
Likely the same rules would apply in Florida. But let's not muddy the waters with Florida. Relocating to Florida would have additional issues, like residency and lack of local references, both of which you have in SC.
Regardless of whether or not you can get a court order emancipating you between now and your 18th birthday, you would be better off sticking it out in SC.
That's right. See SC Rule of Civil Procedure 17Ic):
Rule 17 - Parties Plaintiff and Defendant: Capacity, S.C. R. Civ. P. 17 | Casetext Search + Citator
Your parent or guardian would have to sue in your behalf and any winnings held in trust for you until you reached 18.
Fortunately, the statute of limitations on contracts (oral and written) and fraud is 3 years. See 15-3-530:
South Carolina Code Section 15-3-530 (2022) - Three years. :: 2022 South Carolina Code of Laws :: US Codes and Statutes :: US Law :: Justia
Even if you had to wait 7 months to sue on your own behalf you wouldn't be any worse off suing then as suing now. SC small claims limit is $7500. Either way, one of the harsh life lessons that adults face is that suing criminals often results in uncollectible judgments. Frankly, if you couldn't get the guy jailed for the stolen bike, chances are that even a successful lawsuit wouldn't get you a nickel.
Back to emancipation. You wrote that your parents are willing to sign papers. Well, they would likely have to be more involved than just that. I haven't been able to find any pre-printed forms or instructions in the South Carolina court website but I did find this generic petition on US Legal Forms:
Petition for Removal of Minority - Emancipation - Emancipation | US Legal Forms
The format can be modified to fit your situation.
Your parents can, and should, participate in a joint petition, giving their approval and stating all your reasons and qualifications.
These are some qualifications that need to be addressed in the petition:
1 - Whether the minor is able to support himself or herself financially, either currently or in the future.
2 - Whether the minor is currently living apart from his or her parents or has made adequate arrangements for future housing
3 - Whether the minor can adequately make decisions for himself or herself
4 - Whether the minor is attending school or has already received a diploma
5 - Whether the minor exhibits sufficient maturity to function as an adult
Above quoted from:
Court Procedure for the Emancipation of Minors - FindLaw
My comments about your qualifications:
1 - Obviously true. At 17 you're something of an entrepreneur with an income and a substantial bank account.
2 - Might be best if you establish yourself in a rental house locally before filing the petition. Take a couple of weeks answering ads and talking to owners face to face about it. I think you may be able to get a place if you put in the effort. If you get turned down, it will go a long way toward showing why you should have the inability to contract removed.
3 - You got that.
4 - Critical that you stay in school and work toward graduation, if you haven't already graduated. Judges aren't impressed by high school dropouts no matter what kind of money they are making.
5 - I think you've got that, too.
As others have pointed out, this is not going to happen overnight. It could very well take several months. It's likely that the judge will want to schedule a hearing and have a discussion with you and your parents.
Pay a visit to your local family courthouse and find out what kind of backlog exists for scheduling hearings based on a petition for emancipation. Then decide.
Just wait the seven months...you also don't really seem to understand what emancipation is and how it works.
Hmm first result: "A child may be emancipated earlier when there is an agreement between the parent and child that the child is able to provide for herself/himself and therefore, may leave the home and take control of her/his own life. You may also be emancipated when you get married."
Who is a Child? | South Carolina Bar.
Why do you need emancipated right now?
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