The Residential Tenancies Act always takes priority over a lease. This means a lease cannot take away any of a tenant’s rights under the law. For example, a lease says that the landlord only has to give two tenancy months’ notice to end a month-to-month periodic tenancy. This term in the lease is unenforceable because the Residential Tenancies Act says that landlords must give at least three months’ notice.
The landlord can waive their rights under the Residential Tenancies Act. This means that the landlord can agree to certain things that take away their rights. For example, a lease says that a monthly periodic tenant must give the landlord a one week notice to move out. In such a case, the tenant would only have to give one week notice instead of one month. Only the landlord can waive their rights; the tenant cannot.
There are many topics that should be included in the lease that are not mentioned in the law. For example, the Residential Tenancies Act does not mention pets. But the lease should state whether or not pets are allowed.
February 2020
