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
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.
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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
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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