CTS1808 – Affidavit in Support of Tenant’s Application under the Residential Tenancies Act or Mobile Home Sites Tenancies Act in Alberta
The document is an “Affidavit in Support of Tenant’s Application” form used in the Province of Alberta, Canada, under the Residential Tenancies Act or the Mobile Home Sites Tenancies Act. This form serves as a formal statement made under oath or affirmation by a tenant (or their agent) to support a claim or application related to their tenancy. This form is a crucial document for tenants seeking legal remedies or actions through the court related to their rental situation, providing a structured way to present their case and request specific types of relief under Alberta’s tenancy laws.
Filling out this form involves a detailed process to ensure your application is correctly submitted. Below is a step-by-step guide to help you complete the form accurately:
- Preparing the Affidavit
- Understand the Purpose: This affidavit supports a Tenant’s Application related to disputes or issues under the Residential Tenancies Act or the Mobile Home Sites Tenancies Act.
- Notice of Application: Before filling out the affidavit, complete and file a “Notice of Application” under the relevant act. The sections you select on the Notice of Application will determine the sections you need to complete on this affidavit.
- Filling Out the Affidavit
- Action Number: If known, enter the action number related to your case.
- Personal Information: Fill in your name and the address in Alberta where you reside.
- Agent of Tenant: Indicate if you are the tenant or acting as an agent for the tenant.
- Exhibit “A”: Attach a copy of the tenancy agreement, if available. If there is no written agreement, note this on the form.
- Sections to Complete: Only fill in the sections that correspond to those selected on your Notice of Application. These include:
- Damages: Describe any breaches of the tenancy agreement or the act and specify the amount of damages claimed.
- Abatement of Rent: Detail breaches that justify a reduction in rent, the rent amount, the reduction claimed, and the deprived benefits of the tenancy agreement.
- Compensation: If you’ve performed the landlord’s obligations, specify the details and the compensation amount claimed.
- Termination of Tenancy: Describe breaches that warrant termination and specify the desired termination date.
- Finalizing the Affidavit
- Sworn/Affirmed Before a Commissioner: The affidavit must be sworn or affirmed in the presence of a Commissioner for Oaths, available at no charge at court offices.
- Cross-Off Non-Applicable Sections: Initial any sections that do not apply to your situation.
- Attachments (Exhibits): Attach all required exhibits (e.g., tenancy agreement, correspondences, etc.) to your affidavit.
- Copying and Filing
- Number of Copies: Print four copies if one landlord is named and add two additional copies for each additional landlord.
- Exhibits Copies: Ensure you have the same number of copies of your exhibits as your affidavits.
- File at the Court: Submit the completed affidavit and all attachments at the court location nearest to where the premises are located.
- Additional Tips
- Accuracy is Key: Ensure all information provided is accurate and truthful.
- Seek Legal Advice: If uncertain, consider seeking legal advice to ensure your affidavit accurately reflects your situation and claims.
- Keep Records: Maintain a copy of the affidavit and all documents submitted for your records.