Statutory Supremacy

Can a Landlord and Tenant Legally Agree to Waive Rights or Duties That Are Statutorily Prescribed?

A Landlord and Tenant Are Unable to Alter the Rights and Duties Prescribed Within the Residential Tenancies Act, 2006 and Any Terms Within A Lease or Other Form of Agreement That Attempt to Alter Such Rights and Duties Are Avoid 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

In Ontario, most residential tenancy relationships are governed by the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 which contains various statutorily prescribed rights and duties that are unalterable despite any lease or other form of agreement that may purport to do so. Specifically, the Residential Tenancies Act, 2006, states:

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:

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.