Is a Lease Containing Terms That Alter Statutorily Prescribed Rights or Duties Legal?

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

Residential Lease Document Regardless of how adamant and willing a landlord or tenant may be in attempting to waive or to restrict various rights or duties prescribed by statutory law, with only a very rare exceptions, such rights and duties are unalterable and any terms within a lease or other agreement 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:

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

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.

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this web form.  Use this web form only to make an introduction.

For more information, fill out the form below to send a direct inquiry to Thamar Abdu Paralegal

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a Thamar Abdu Paralegal representative. 
Privacy Policy & Cookies | Terms of Use Your IP Address is:
Thamar Abdu Paralegal

2nd Floor, 700 Dundas Street, East, Suite 2
Mississauga, Ontario,
L4Y 3Y5

P: (647) 818-7974
P: (514) 979-6822

Hours of Business:

09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM

By appointment only.  Call for details.
Messages may be left anytime.

Warning & Waiver: Information provided within this website is for general information purposes only, it is not to be relied upon as legal advice, and it barely begins to scratch the surface of the subject.  Contacting Thamar Bilingual Legal Services Ontario through this website does not establish any relationship/retainer.  Thamar Bilingual Legal Services Ontario is a participant among the Referrals.Legal network.  Never send confidential details about your specific legal matters until a relationship/retainer has been formally arranged.  Always seek a review of your individual circumstances from a qualified legal professional.  By using this website, you acknowledge and accept this warning, and agree to waive all liability for use of any information herein.

Application Hosted on Microsoft Azure Cloud Web Servers | Analytics by Google
Let’s Encrypt SSL certificate is a service provided by the Internet Security Research Group (ISRG)
All trademarks shown are those of their respective owners.

Our web-server spent 6.48438 seconds to securely accept, process, and construct the information for your request.


Sign Up