Beth, a minor, rents an apartment under a one year lease and pays $700 per month for the one-bedroom flat. Beth has been in the apartment for three months and hates it. The unit is in need of an update and is very small, even for one person. She learns that the landlord usually rents this type of apartment for $500 per month. Beth moves out and the landlord sues her for breach of contract. What defenses can Beth raise to enforcement of the lease? Can she recover the rent that has already been paid? To what, if anything, is the landlord entitled?
What will be an ideal response?
Beth can raise lack of capacity as a defense to enforcement of the lease agreement against her. Beth is a minor and can disaffirm the contract. However, because shelter is a necessary item, the adult landlord may be able to recover the reasonable value of the necessary item actually received, or $500 for the three months she lived there.
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