What is a required element for a valid real estate lease regarding the parties involved?

A valid real estate lease requires that all parties involved must have legal capacity. This means that the individuals signing the lease must be of legal age, typically 18 years or older, and possess the mental competence to understand the contract they are entering into. If a party does not have legal capacity, the lease can be declared void or voidable, making it essential for validity.

While mutual consent is critical in forming any contract, including a lease, simply agreeing to the lease does not ensure that the parties involved have the legal right to enter into that agreement. Similarly, having signed agreements is important for demonstrating the parties' intentions, but without legal capacity, those signatures may be meaningless. Mutual interests are not a requirement for validity; the focus is on the ability of the parties to comprehend and fulfill their obligations under the lease. Thus, legal capacity is the fundamental element that ensures the lease is enforceable against the parties involved.