Statutory Supremacy Rights and Duties Within the Residential Tenancies Act, 2006 | Caruso Legal 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 Caruso Legal Services by phone at: (289) 271-0488 to discuss any specific questions that you may have.

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.

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

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.

At
Our Desk Now!
Need Help? Let's Get Started Today

NOTE: Do not send confidential information through the web form.  Use the web form only for your introduction.   Learn Why?
5

NOTE: A great many online searches such as “lawyers close to me” or “top lawyer in” often highlight an urgency for prompt and competent legal assistance instead of a particular job title.  In Ontario, paralegals who are licensed fall under the regulation of the same Law Society that governs lawyers, granting them the authority to represent clients in certain types of litigation matters.  Key aspects of this role include advocacy, legal analysis, and procedural expertise.  Caruso Legal Services provides legal representation within its licensed authority, focusing on strategic planning, evidentiary organization, and compelling advocacy, all aimed at securing efficient and favourable outcomes for clients.

AR, BN, CA+|EN, DT, ES, FA, FR, GU, HE, HI
IT, KO, PA, PT, RU, TA, TL, UK, UR, VI, ZH
Send a Message to: Caruso Legal Services

NOTE: Do not send confidential details about your case.  Using this website does not establish a legal-representative/client relationship.  Use the website for your introduction with Caruso Legal Services. 
Privacy Policy & Cookies | Terms of Use Your IP Address is: 216.73.216.122
Caruso Legal Services

4617 Crysler Avenue
Niagara Falls, Ontario,
L2E 3V6
 
P: (289) 271-0488
E: info@tonycaruso.ca

Business Hours:

09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

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

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 names, trademarks and/or logos are those of their respective owners.

This webpage was served on: September 20 2026 at 06:37:58PM Eastern.

.






Assistive Controls:  |   |  A A A