Landlord and Tenant - CPLEA

Landlord and Tenant Information for Albertans

A Website of The Centre for Public Legal Education Alberta
  • About
    • About CPLEA and Disclaimer
    • Copyright Statement
  • Topics
    • Legislation
    • Leases and Agreements
    • Security Deposits
    • Inspection Reports
    • Responsibilities
    • Roommates, Subletting, and Assignment
    • Repairs
    • Notices
      • Eviction Notice (Notice of Termination of Tenancy for Substantial Breach)
      • Notice of Objection to an Eviction Notice
      • Notice of Entry by the Landlord
      • Notice of Landlord
      • Notice of Rent Increase
      • Notice of Termination of a Periodic Tenancy for Allowable Reasons
      • Notice to End a Periodic Tenancy
      • Tenant’s 14 Day Notice to Terminate Tenancy
    • Dispute Resolution
  • Resources
  • FAQs
  • Glossary
  • Find Help
    • Forms
    • Legal Advice
    • Government & Court Services
You are here: Home / Legislation / FAQ – What happens if the terms of the lease contradict the Residential Tenancies Act?

FAQ – What happens if the terms of the lease contradict the Residential Tenancies Act?

Print Friendly, PDF & Email

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

Funded by

Territory Acknowledgement

The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Métis, and Inuit.

A Project of

www.cplea.ca

Please note CPLEA does not provide legal advice or legal representation. For publication and resource requests, click here.

Disclaimer

This website provides legal information for Alberta law only. It does not provide legal advice. Laws may be different in other provinces.

CPLEA does not guarantee the accuracy of Google Translate. Read the full Disclaimer.

Copyright 2020 Legal Resource Centre of Alberta. All rights reserved. Read the full Copyright Statement.

Copyright © 2023 Centre for Public Legal Education Alberta

  • About
    • About CPLEA and Disclaimer
    • Copyright Statement
  • Topics
    • Legislation
    • Leases and Agreements
    • Security Deposits
    • Inspection Reports
    • Responsibilities
    • Roommates, Subletting, and Assignment
    • Repairs
    • Notices
      • Eviction Notice (Notice of Termination of Tenancy for Substantial Breach)
      • Notice of Objection to an Eviction Notice
      • Notice of Entry by the Landlord
      • Notice of Landlord
      • Notice of Rent Increase
      • Notice of Termination of a Periodic Tenancy for Allowable Reasons
      • Notice to End a Periodic Tenancy
      • Tenant’s 14 Day Notice to Terminate Tenancy
    • Dispute Resolution
  • Resources
  • FAQs
  • Glossary
  • Find Help
    • Forms
    • Legal Advice
    • Government & Court Services