Statutory Supremacy Rights and Duties Within the Residential Tenancies Act, 2006 | Civil Litigations Paralegal Services

Can a Landlord and Tenant Legally 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

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.

Note: Please contact Civil Litigations Paralegal Services by phone at: (416) 229-1479 to discuss any specific questions that you may have.

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.

There are many cases to confirm that attempts to contractually alter the prescribed provisions within the Residential Tenancies Act, 2006, or regulations thereto, are void and unenforceable.  Such cases, among others, include White et al. v. Upper Thames River Conservation Authority, 2020 ONSC 7822, wherein each it was 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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