Yes No Share to Facebook
Statutory Supremacy
Rights and Duties Within the Residential Tenancies Act, 2006
What Happens If a Landlord and Tenant Agree to Waive Rights or Duties Prescribed Within the Statute Law?
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
Despite that a landlord or tenant may be willing to waive certain rights or duties that are statutorily prescribed, with only a very rare exceptions, such rights and duties are unalterable and any terms within a lease or other agreement purporting to waive such rights or duties are void and unenforceable.
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:
Summary Comment
Regardless of any lease terms or other form of agreement, a landlord and tenant are unable to alter or forgo the statutory rights and duties as prescribed within the Residential Tenancies Act, 2006, and regulations thereto, and any agreement purporting to do so is void and unenforceable.
NOTE: A significant quantity of inquiries featuring “lawyers near me” or “best lawyer in” generally signifies a demand for prompt and competent legal aid rather than a particular career designation. In Ontario, the same Law Society that supervises lawyers also regulates licensed paralegals, who possess the authority to represent clients in specific litigation contexts. Key aspects of this role include advocacy, legal evaluation, and procedural expertise. Civil Litigations Paralegal Services offers legal representation in accordance with its licensed scope, focusing on strategic positioning, preparation of evidence, and compelling advocacy to secure efficient and advantageous outcomes for clients.
