How do I start my application

Overview
Landlord’s Supporting Affidavit
Tenant’s Supporting Affidavit

Overview

For an overview of the Residential Tenancies Act process, view this flowchart.

To make an application under the Residential Tenancies Act (Mobile Home Sites Tenancies Act), you must

  1. complete Landlord / Tenant Notice of Application (notice of application - the online form is an interactive pdf that includes instructions),
  2. swear an Affidavit in Support of an Application by Landlord / Tenant (supporting affidavit) (the online form is an interactive pdf that includes instructions), and
  3. file both documents at the Provincial Court office nearest to the premises.

You can get these forms from the court office or online in the Forms & Publications section. When you file the notice of application and supporting affidavit, you must also pay the prescribed filing fee.

If you wish to apply for a fee waiver because of financial hardship, the waiver form is available at the court office or online here.

When you fill out the notice of application, leave the space for the date and time of the hearing blank. The clerk will fill it in when you file the notice of application and supporting affidavit. The hearing date inserted by the clerk will be the next available date for hearing applications at the particular Provincial Court location.

The supporting affidavit must set out all the facts you are going to rely on. Any relevant documentation (e.g. a copy of the lease agreement, copies of your statement of account setting out all charges, payments and other credits, and Notice to Vacate) must be attached as an exhibit to the supporting affidavit. The supporting affidavit must be sworn before a commissioner for oaths. A clerk is a commissioner for oaths.

A person with first-hand knowledge of the dispute should swear the affidavit in support. It is a serious criminal offence to swear a false affidavit.

Landlord’s Supporting Affidavit

  1. If you, the landlord, are making an application under Residential Tenancies Act section 26 (Mobile Home Sites Tenancies Act section 44), your supporting affidavit must contain the following information.
    1. If a claim is made for the recovery of arrears of rent, include the amount of rent in arrears and the time during which it has been in arrears.
    2. If a claim is made for the recovery of damages resulting from a breach of the tenancy agreement or a contravention of the Act, include the details of the breach or contravention, the calculation and the amount of damages claimed.
    3. If a claim is made for the recovery of compensation for the use and occupation of premises by an overholding tenant, include
      1. the date of the expiration of the tenancy or, if the tenancy was terminated, the method of termination and the effective date of the termination,
      2. the reasons for the tenant’s failure to vacate the premises, to the extent known,
      3. the nature of the use and occupation by the overholding tenant, to the extent known,
      4. the rent payable under the tenancy agreement, and
      5. the amount of compensation claimed.
    4. If a claim is made for recovery of possession of the premises from an overholding tenant, include
      1. the date of the expiration of the tenancy or, if the tenancy was terminated, the method of termination and the effective date of the termination,
      2. the reasons for the tenant’s failure to vacate the premises, to the extent known, and
    5. If a claim is made for the termination of the tenancy by reason of a substantial breach of the tenancy agreement, include the details of the breach and the requested termination date.
  2. If you, the landlord, are making an application under Residential Tenancies Act section 30, 33, or 36 (Mobile Home Sites Tenancies Act section 33), the landlord’s supporting affidavit must contain the information set out in Residential Tenancies Act sections 30(4), 33(5), or 36(5) (Mobile Home Sites Tenancies Act section 45).
  3. If you, the landlord, are making a claim for arrears of rent or for damages, and the tenant has already vacated or abandoned the premises, proceed through the civil claim process.

Tenant’s Supporting Affidavit

If you (the tenant) are making an application under the Residential Tenancies Act section 37(2) (Mobile Home Sites Tenancies Act section 46), your supporting affidavit must include the following information:

  • If a claim is made for the recovery of damages resulting from a breach of the residential tenancy agreement or a contravention of the Residential Tenancies Act, include the details of the breach or contravention, the calculation and the amount of damages claimed.
  • If a claim is made for abatement of rent for reason of a breach of a residential tenancy agreement or a contravention of the Residential Tenancies Act, include
    • the rent payable under the tenancy agreement,
    • the details of the breach or contravention,
    • the benefit of the tenancy agreement that the tenant was deprived of, and
    • the reason for and the amount of rent abatement claimed.
  • If a claim is made for compensation for the cost of performing the landlord’s obligations, include
    • the rent payable under the tenancy agreement
    • the details of the breach of the residential tenancy agreement or of the contravention of the Residential Tenancies Act
    • the obligations performed on the landlord’s behalf
    • the amount of compensation claimed.
  • If a claim is made for termination of the tenancy by reason of a breach of the residential tenancy agreement or a contravention of the Residential Tenancies Act, include the details of the breach or contravention and the requested termination date.