For evidence given under oath or by formal declaration, Ontario's Landlord and Tenant Board (LTB) supplies two blank templates: the Affidavit and the Declaration. The situation landlords meet most is an L2 resting on an N12, where the person who will move in has to state that they need the unit in good faith. Each template is a single page with the substance left to you, so what follows covers when one is required, which to choose and how to word it.
At a glance
| Signed by | Whoever the law says must make the statement, for example the landlord on an L3, or the incoming occupant under an N12 |
| Timing | Submitted alongside the application when you file |
| Hard deadline | For an L2 based on an N12: filed together with the application, failing which it is refused (RTA s. 71.1) |
| Method | Uploaded to the Tribunals Ontario Portal with the application |
| Cost | Nothing. The LTB fee schedule shows swearing an affidavit as free |
| Next form | None |
How a declaration differs from an affidavit
An affidavit is sworn or affirmed before a notary or a commissioner for taking affidavits. The LTB's version carries a jurat and a space for the commissioner's signature.
A declaration needs no commissioner; you simply sign and date it. The LTB template confirms the contents are accurate and complete, and warns that it is an offence under RTA s. 234 to file false or misleading information.
Section 192.1 of the RTA allows the Rules to permit an unsworn document in place of an affidavit, and Rule 1.5 does exactly that. Wherever the Act calls for an affidavit, the Board accepts a declaration that is signed and dated and makes the same statement, as long as it affirms that the statement is true and acknowledges that making a false declaration is an offence. The Affidavit form itself tells you the Declaration form may be used in its place. In practice, a declaration does the job for most landlord filings.
Situations that call for one
N12 own-use notices (L2)
The Board cannot order an eviction based on an N12, says s. 72(1), unless the landlord files an affidavit sworn by the person who personally requires the unit. What that person certifies depends on the ground:
- Landlord's own use (s. 48): a good-faith requirement of the unit, for personal use by that person, lasting at least one year.
- Purchaser's own use (s. 49): a good-faith requirement of the unit for that purchaser's own personal use.
Section 71.1 adds that the affidavit must accompany the application, filed at the same time, and directs that the Board shall refuse to accept an application filed without it. The L2 instructions say the same thing. Anyone else named on the N12 as an intended occupant may complete a separate one.
L3: the tenant gave notice or agreed to leave
An affidavit confirming the notice or agreement is required by s. 77(2). According to the L3 instructions, it should give the termination date, the date of the tenancy agreement, the dates on which the tenant signed and the names of everyone who signed. You should also confirm the tenant did not sign the notice or agreement when the tenancy agreement was made and, for an agreement, that no later agreement has superseded it.
L4: breach of a settlement or order
Section 78(2) calls for an affidavit, and the L4 comes with a declaration form of its own.
Proving service of a summons
The Requesting a Summons brochure asks for a sworn affidavit from whoever delivered the summons to the witness. The summons page has the details.
Filling in the templates
The Declaration
- Enter the File Number, if the matter has one.
- Complete the opening line: "I, [name], of the City/Town/Municipality of [place], declare that:"
- Write the statement as numbered paragraphs in the first person. On a s. 48 N12, follow the wording of the statute closely, for example: "I, in good faith, require the rental unit at [address] for my own personal use for a period of at least one year." A family member should also explain how they are related to the landlord.
- Leave the pre-printed truth confirmation and s. 234 acknowledgement intact.
- Finish with your name, signature and the date.
The Affidavit
- Fill in the File Number plus the deponent's name and municipality.
- After "make an oath or affirm and say as follows:", set out numbered paragraphs.
- Complete the jurat: where and when it was sworn or affirmed, with the commissioner's and the deponent's signatures. Hold off signing until you are actually before the commissioner.
Submitting it
Rule 4.4 expects the document to go in with the application. If that cannot be done, Rule 4.5 gives up to 5 calendar days, though the application may be dismissed administratively. That grace period is no help on an N12: s. 71.1 demands the statement at the moment of filing, so treat the 5 days as unavailable.
Errors that lead to refusal or dismissal
- No declaration with an N12-based L2. Under s. 71.1(2), the Board is obliged to refuse the application.
- Signed by someone other than the person moving in. The words must be those of the person who personally needs the unit. A landlord signing for an adult son who plans to move in falls short of s. 72(1).
- Dropping the one-year language on a landlord's own-use notice. Under s. 72(1)(a), the statement has to extend to a minimum of one year.
- A declaration without the truth statement or the offence acknowledgement. Rule 1.5 only lets a declaration replace an affidavit when both are there. The LTB template prints them for you, which is the best reason to use it.
- An affidavit signed ahead of the meeting with the commissioner, or one with a blank jurat. Either way, it has not been sworn.
- Template wording that does not fit the facts. If a good-faith statement turns out to be false, it opens the door to a T5 bad-faith application and to liability under s. 234. Bear in mind that this statement is evidence the tenant can test later.
What changed in 2026
For any N12 served from September 21, 2026 onward, Bill 60 altered the surrounding rules (LTB Operational Update, Sept 21, 2026):
- Compensation: where a landlord's own-use N12 is given on or after September 21, 2026, sets a termination date at least 120 days away and ends on the final day of a rental period or term, neither compensation nor an alternative unit is owed (s. 48.1(2)). Purchaser's-own-use N12s are not covered by this change.
- Presumption about moving in: the landlord or the specified person is normally expected to move in within 60 days, counted from the termination date or from the tenant's actual departure if that comes later. If no one moves in, a T5 filed from September 21, 2026 onward starts with a presumption of bad faith, which the landlord can rebut (RTA s. 57(6.1), (7); O. Reg. 240/26).
- Purchasers: a purchaser's-own-use notice is affected by neither change.
What s. 72(1) requires has not changed. The N12 and L2 forms were revised on September 21, 2026, and older versions stop being accepted on November 30, 2026.
Frequently asked questions
Does a commissioner or lawyer have to witness my N12 declaration?
No. Rule 1.5 allows a signed, dated declaration in place of a sworn affidavit, so long as it confirms the statement is true and admits that making a false declaration is an offence.
Can the N12 declaration follow later, after the L2 is in?
It cannot. Section 71.1 of the RTA requires it with the application, and the Board has to refuse an application that arrives without it.
Whose signature goes on an N12 declaration?
That of the person who personally needs the unit, whether the landlord, the family member named in the N12 or the purchaser.
What belongs in an L3 declaration?
A confirmation of the notice or agreement. According to the L3 instructions, include who signed, the relevant dates and the termination date, and state that the tenant did not sign it at the time the tenancy agreement was made.