Can a Landlord and Tenant Agree to Alter Statutorily Prescribed Rights or Duties?

Terms Within A Lease or Other Form of Agreement That Are Inconsistent With the Residential Tenancies Act, 2006 Are Void and Unenforceable.

Understanding the Supremacy of the Residential Tenancies Act, 2006 As Applicable Regardless of Agreed Lease Terms

Residential Lease Document A landlord and tenant may agree to waive rights or duties that are prescribed within the statute law; however, with only rare exceptions, the statutory rights and duties are unalterable and any terms purporting to waive such rights or duties, whether within a lease or other form of agreement, are void.

The Law

The Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, forbids lease terms or any other form of agreement from altering the rights and duties prescribed within the Residential Tenancies Act, 2006.  Specifically, the Residential Tenancies Act, 2006, states:


Provisions conflicting with Act void

4 (1) Subject to subsection 12.1 (11) and section 194, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void.

Many court cases as well as decisions of the Landlord Tenant Board will confirm that any attempt to contractually alter the provisions prescribed within the Residential Tenancies Act, 2006, or regulations thereto, is void.  The case of White et al. v. Upper Thames River Conservation Authority, 2020 ONSC 7822, clearly states so whereas it is said:


[28] According to s. 4 of the Act, should a provision in a tenancy agreement be found to be inconsistent with the Act or the regulations, the provision is void.

Summary Comment

Terms within a lease, or another form of agreement, that purport to alter or forgo the statutory rights and duties as prescribed within the Residential Tenancies Act, 2006, and regulations thereto, are void with only a few very rare exceptions.

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