The Ontario Landlord and Tenant Board (LTB) publishes two blank forms for sworn or declared evidence: an Affidavit and a Declaration. Landlords need one most often when filing an L2 based on an N12: the person moving in must state that they require the unit in good faith. Both are one-page shells, and you write the content. This page explains when each is required, which one to use, and what to put in it.
At a glance
| Who uses it | The person whose statement the law requires, such as the person moving in on an N12 or the landlord on an L3 |
| When | With the application, at the time of filing |
| Deadline | N12-based L2: at the same time as the application, or it is refused (RTA s. 71.1) |
| How it is filed | Uploaded with the application in the Tribunals Ontario Portal |
| Fee | None. The LTB's fee schedule lists swearing an affidavit as no charge |
| Follow-on form | None |
Affidavit or declaration: the difference
- An affidavit is sworn or affirmed before a commissioner for taking affidavits (or a notary). The LTB form has the jurat and a line for the commissioner.
- A declaration is signed and dated without a commissioner. The LTB form states the information is complete and accurate, and that filing false or misleading information is an offence under RTA s. 234.
Under RTA s. 192.1 the Rules may authorize an unsworn document instead of an affidavit. Rule 1.5 does this: where the RTA requires an affidavit, the LTB will accept a signed and dated declaration containing the same statement, provided it confirms the truth of the statement and acknowledges that a false declaration is an offence. The LTB Affidavit form itself says you may use the Declaration form instead. For most landlord filings, a declaration is enough.
When the LTB requires one
N12: landlord's or purchaser's own use (L2 application). Section 72(1) of the RTA says the Board shall not order eviction on an N12 unless the landlord has filed an affidavit sworn by the person who personally requires the unit:
- landlord's own use (s. 48): certifying they in good faith require the unit for their own personal use for a period of at least one year;
- purchaser's own use (s. 49): certifying they in good faith require the unit for their own personal use.
Section 71.1 requires that affidavit to be filed at the same time as the application, and says the Board shall refuse to accept the application otherwise. The L2 instructions repeat this: the LTB will not accept the application without it. Additional intended occupants named on the N12 may complete their own.
L3: tenant gave notice or agreed to end the tenancy. Section 77(2) requires an affidavit verifying the agreement or notice. The L3 instructions list what to include: the date of the tenancy agreement, the termination date, the dates the tenant signed, and the names of the people who signed. Also state that the notice or agreement was not signed when the tenancy agreement was entered into. If the tenant agreed to end the tenancy, confirm that no later agreement replaced it.
L4: tenant broke a settlement or order. Section 78(2) requires an affidavit; the L4 has its own declaration form.
Proof that a summons was served. The Requesting a Summons brochure calls for a sworn affidavit from the person who handed it to the witness. See the summons page.
How to fill out the forms
Declaration 1. File Number (if one exists). 2. "I, [name], of the City/Town/Municipality of [place], declare that:" 3. The statement, in numbered first-person paragraphs. For a s. 48 N12, track the statute: "I, in good faith, require the rental unit at [address] for my own personal use for a period of at least one year." Add your relationship to the landlord if you are a family member. 4. The printed confirmation of truth and the s. 234 acknowledgement. 5. Name, signature and date.
Affidavit 1. File Number, and the deponent's name and municipality. 2. "make an oath or affirm and say as follows:", followed by numbered paragraphs. 3. Jurat: the place and date sworn or affirmed, and the signatures of the commissioner and the deponent. Do not sign until you are in front of the commissioner.
Filing it
Upload it with the application (Rule 4.4). Rule 4.5 allows up to 5 calendar days if that is impossible, at the risk of administrative dismissal, but for an N12 the statute (s. 71.1) requires it at filing. Do not rely on the 5-day window for an N12.
Mistakes that get the application refused or dismissed
- Filing an N12-based L2 without the declaration. The Board must refuse to accept it (s. 71.1(2)).
- The wrong person signs. The statement must come from the person who personally requires the unit. A landlord signing "on behalf of" a daughter who is moving in does not meet s. 72(1).
- Leaving out "at least one year" on a landlord's own-use N12. Section 72(1)(a) requires the statement to cover that period.
- A declaration missing the truth confirmation or offence acknowledgement. Rule 1.5 only accepts a declaration in place of an affidavit if it contains both. The LTB Declaration form has them pre-printed, so use it.
- An affidavit signed before meeting the commissioner, or with no jurat completed. It is not sworn.
- Boilerplate that does not match the facts. A good-faith statement that proves untrue invites a T5 bad-faith application and exposure under s. 234.
Recent changes
For N12s served on or after September 21, 2026, Bill 60 changed the surrounding rules (LTB Operational Update, Sept 21, 2026):
- No compensation: for a landlord's own-use N12 given on or after September 21, 2026 with a termination date at least 120 days out and on the last day of a period or term, no compensation and no alternative unit are required (s. 48.1(2)). This does not apply to purchaser's-own-use N12s.
- Move-in presumption: the landlord or specified person must normally move in within 60 days of the termination date (or of the tenant's move-out, if later). If not, bad faith is presumed on a T5 filed on or after September 21, 2026 (rebuttable; RTA s. 57(6.1), (7); O. Reg. 240/26).
- Purchaser N12s: neither change applies to purchaser's-own-use notices.
The s. 72(1) requirement is unchanged. The L2 and N12 were updated September 21, 2026; previous versions are not accepted as of November 30, 2026.
Frequently asked questions
Do I need a lawyer or commissioner to sign my N12 declaration?
No. Rule 1.5 lets you file a signed and dated declaration instead of a sworn affidavit, provided it confirms the truth of the statement and acknowledges that a false declaration is an offence.
Can I file the N12 declaration after the L2?
No. RTA s. 71.1 requires it at the same time as the application, and the Board must refuse an application filed without it.
Who signs the declaration for an N12?
The person who personally requires the unit: the landlord, the family member named on the N12, or the purchaser.
What does an L3 declaration need to say?
It must confirm the agreement or notice. The L3 instructions list what to include: the dates, the signatories, the termination date, and that it was not signed when the tenancy agreement was made.