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Affidavit Of Non Tenancy for Canada

Affidavit Of Non Tenancy Template for Canada

An Affidavit of Non-Tenancy is a legally binding sworn statement used in Canadian jurisdictions to formally declare that no tenant occupies a specific property. This document, which must be sworn before a Commissioner of Oaths or Notary Public, provides legal confirmation that there are no existing tenancy agreements or occupants with tenancy rights on the property. It's commonly required during property transactions, refinancing, or other situations where clear confirmation of vacancy or non-tenancy status is necessary. The document must comply with provincial evidence acts and affidavit requirements, while also adhering to the specific format and content requirements of the jurisdiction where it's being used.

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Affidavit Of Non Tenancy

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What is a Affidavit Of Non Tenancy?

The Affidavit of Non-Tenancy serves as a crucial document in Canadian real estate transactions and property management. It is typically required when property owners need to officially certify that their property is free from any tenancy agreements or occupants with tenancy rights. This document becomes particularly important during property sales, refinancing applications, or when clearing up potential tenancy disputes. The affidavit must be sworn before a qualified official such as a Commissioner of Oaths or Notary Public, and it carries serious legal implications under provincial and federal laws if false statements are made. The document typically includes detailed information about the property, the declarant's relationship to it, and specific statements confirming the absence of any tenancy arrangements. Its content must comply with provincial evidence acts and local legal requirements, making it a valuable tool for risk management in property transactions.

What sections should be included in a Affidavit Of Non Tenancy?

1. Title and Introduction: Identifies the document as an Affidavit of Non-Tenancy and the jurisdiction

2. Declarant Information: Full legal name, address, and occupation of the person making the affidavit

3. Property Details: Legal description and municipal address of the subject property

4. Basis of Knowledge: Declarant's relationship to the property (e.g., owner, authorized representative)

5. Non-Tenancy Declaration: Clear statement that no tenancy exists on the property

6. Supporting Facts: Specific facts supporting the non-tenancy claim

7. Truth Declaration: Standard declaration that the contents are true

8. Signature Block: Space for declarant's signature and date

9. Notarization Block: Space for commissioner of oaths or notary public to sign and stamp

What sections are optional to include in a Affidavit Of Non Tenancy?

1. Previous Occupancy Statement: Include when there were previous occupants who have vacated the property

2. Property Access Declaration: Include when declaring who has current access to the property

3. Third Party Verification: Include when another party can verify the non-tenancy status

4. Purpose Statement: Include when the affidavit is being prepared for a specific purpose (e.g., sale, refinancing)

5. Period of Ownership: Include when relevant to establish the timeline of ownership and non-tenancy

What schedules should be included in a Affidavit Of Non Tenancy?

1. Property Title Document: Copy of property title or deed showing ownership

2. Property Photographs: Recent dated photographs showing property condition/vacancy if relevant

3. Utility Bills: Recent utility bills showing minimal/no usage if relevant to proving non-occupancy

4. Previous Agreements: Copies of terminated agreements if there were previous occupants

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses
















Relevant Industries

Real Estate

Banking and Finance

Legal Services

Property Management

Insurance

Mortgage Lending

Property Development

Construction

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Operations

Administrative Support

Transaction Processing

Document Control

Client Services

Relevant Roles

Property Manager

Real Estate Agent

Real Estate Lawyer

Title Officer

Mortgage Broker

Legal Assistant

Property Administrator

Compliance Officer

Real Estate Paralegal

Housing Officer

Property Developer

Estate Manager

Leasing Manager

Real Estate Transaction Coordinator

Industries






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