CTS1808 – Affidavit in Support of Tenant’s Application2025-10-19T10:16:24+00:00

CTS1808 – Affidavit in Support of Tenant’s Application

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Other Names: AffidavitAlberta Court of JusticeBreach of Tenancy AgreementCivil DivisionCTS1808Landlord and TenantRent AbatementTenant ApplicationTermination of Tenancy

Jurisdiction: Country: Canada | Province or State: Alberta

What is a CTS1808 – Affidavit in Support of Tenant’s Application?

The CTS1808 is a sworn affidavit that supports a tenant’s application for an order. You use it to present facts under oath to the decision-maker. It tells the story of what happened at the rental property. It explains what you want the tribunal or court to order and why.

You sign the affidavit in front of a commissioner for oaths or a notary public. Your signature confirms the information is true. The affidavit includes your evidence and any attachments. Attachments can be photos, emails, the lease, inspection reports, and receipts. You label these attachments as exhibits.

Who typically uses this form? Residential tenants use it most often. That includes tenants in apartments, condos, suites, or houses. Subtenants can sometimes use it if they have standing. A person with authority for a tenant can also use it. That could be a legal representative, an agent, or a support worker. Property managers do not use this form unless they rent as a tenant themselves.

Why would you need this form? You need it when you apply for an order and must prove your facts. You may ask for repairs, a rent abatement, or the return of your security deposit. You may seek an order after an unlawful lockout. You may want utilities restored. You may need compensation for losses caused by the landlord’s breach. The affidavit supports your request with evidence. Without it, your application may not succeed.

Typical usage scenarios are practical. You moved out and the landlord kept your deposit without a statement. You need an order for the deposit plus interest. You lost heat for a week in winter. You seek an urgent repair order and a rent reduction. Your landlord entered without notice and harassed you. You seek an order to stop the conduct and for compensation. The landlord locked you out and changed the locks. You seek an urgent order to re‑enter. A severe leak damaged your belongings. You seek repairs and money for your losses. Your landlord ignored serious pest issues. You ask for treatment, a rent abatement, and reimbursement for costs. In each case, the affidavit sets out dates, facts, and exhibits.

The form is not a contract. It is sworn evidence. It forms part of your application record. The decision-maker reads it before the hearing. They may rely on it to grant interim or final relief. You must be precise and honest. You must include enough detail to explain the issue and the remedies you seek.

When Would You Use a CTS1808 – Affidavit in Support of Tenant’s Application?

You use the affidavit any time you file a tenant application that needs facts in writing. You file it with your application form. You may also file it to support an urgent or interim order. You may use it if you need an order without notice to the landlord. In urgent cases, you explain the urgency and why delay will harm you.

Tenants use it at the start of a claim for common issues. You want your security deposit back. You explain when you moved out and what was deducted. You attach the lease, move-in and move-out inspection reports, and the landlord’s letter. You include bank records or receipts. You set out interest owed and your calculation.

You may use it when essential services fail. The heat went out in winter. The hot water stopped for days. The electricity was cut due to the landlord’s actions. You explain how long you lacked the service. You show photos of thermostat readings or ice on windows. You attach messages with the landlord. You attach service tickets and receipts for heaters or hotel stays. You ask for an order restoring services. You seek a rent abatement for the period.

You may use it for repair disputes. The roof leaked into your bedroom. Mold grew on walls. Appliances failed and were not repaired. You explain when you reported issues and to whom. You attach dated photos and your repair requests. You attach inspection documents or contractor quotes. You outline any out-of-pocket costs.

You may use it for unlawful entry or interference. The landlord entered without 24 hours’ notice. They came late at night. They shouted at you and threatened eviction. You explain dates, times, and who was present. You attach text messages and notes of the events. You ask for an order to stop harassment and respect your quiet enjoyment.

You may use it for illegal lockouts. You returned home to changed locks. Your landlord withheld keys after a dispute. You explain how and when it happened. You attach witness statements or photos. You request an urgent order to regain access.

You may use it for rent issues tied to the landlord’s breach. For example, your landlord failed to repair a major issue. You claim a rent abatement for the period affected. You explain how the defect reduced the rental value. You show comparative information such as reduced use of rooms or loss of amenities. You attach bills and evidence of loss.

Business owners who are tenants of a dwelling above a shop may also use it. The key is that the tenancy is residential. If you occupy a mobile home site, a similar process applies under the housing laws. The affidavit still supports your application with sworn facts.

Property managers and landlords do not usually use this specific affidavit. Landlords have their own forms for responses or applications. However, a tenant’s authorized agent can swear an affidavit if they have personal knowledge. If the agent relies on information from you, they should say so and name the source.

Legal Characteristics of the CTS1808 – Affidavit in Support of Tenant’s Application

The affidavit is a sworn statement. It is legally significant because it is evidence. You declare the contents are true to the best of your knowledge. You make the declaration before a commissioner for oaths or notary public. This process makes it admissible for your application. The decision-maker can rely on it to grant relief.

It is not a binding agreement between parties. Its legal force flows from the oath and the forum’s rules. If you lie in your affidavit, you risk penalties. False statements can lead to serious consequences. You must correct errors as soon as you find them. If you need to update facts later, you file a new or supplemental affidavit.

What ensures enforceability of the result? Proper process and proof. You must complete the form accurately. You must sign in front of an authorized official. The jurat must be complete. That is the section where the official signs and stamps. Exhibits must be labeled and initialed by the official and by you. You must file the affidavit with your application. You must serve the other party as required. When the tribunal or court makes an order, it becomes enforceable. You can use standard enforcement steps if the other side does not comply.

General legal considerations apply. Use personal knowledge when possible. If you include information from others, say so clearly. State the source of your information and belief. Keep hearsay limited and identified. Organize facts chronologically. Use clear dates, times, addresses, and amounts. Identify the rental unit by full civic address. Use the landlord’s legal name, not just a nickname or business alias. Name the property manager only if they are a party or a witness. Do not guess. If you are unsure, say you are unsure. Only include relevant facts.

The affidavit must be readable and complete. Type it if you can. If you handwrite, print clearly in dark ink. Number the pages. Use simple language. Avoid opinion or argument. The affidavit is for facts. You can explain why you believe a fact is true, but keep it tied to evidence. Save arguments for your hearing notes or submissions. Do not sign the affidavit until you are in front of the commissioner or notary. Bring government photo ID. The official must watch you sign.

Location matters for commissioning. If you sign in Alberta, a commissioner for oaths or notary public can commission it. If you sign outside Alberta, a notary public is usually required. The official must include their name, authority, and expiry date if needed. They should place a stamp or seal. Check that the date and place in the jurat match where you signed.

Privacy matters too. Include only necessary personal details. Redact account numbers from exhibits if not needed. Do not file sensitive data unless it proves your claim. If safety is a concern, seek directions on how to protect your contact information.

How to Fill Out a CTS1808 – Affidavit in Support of Tenant’s Application

Follow these steps to complete the form properly. Prepare your facts and documents first. Then complete the form. Finally, swear or affirm it and file it.

Step 1: Gather your facts and evidence

  • List the key events with dates. Include when the tenancy began and ended. Note the rent amount and due date. Note the security deposit amount and date paid.
  • Identify each problem clearly. For example, lack of heat, leaks, pests, illegal entry, or lockout.
  • Write what you asked the landlord to do. Note dates and responses.
  • Calculate any money you claim. Show rent abatement periods and rates. List damaged items and costs.
  • Collect exhibits. These may include:
  • The signed lease or tenancy agreement.
  • Move-in and move-out inspection reports.
  • Photos and videos with dates.
  • Texts and emails with the landlord or manager.
  • Contractor quotes, invoices, and receipts.
  • Utility bills or service tickets.
  • Police or bylaw reports, if any.
  • A rent ledger or your payment records.
  • Mark each exhibit with a letter (A, B, C). Create a simple index for yourself.

Step 2: Complete the heading and file details

  • Choose the correct filing location. Use the nearest venue to the rental property, unless rules say otherwise.
  • Insert the file number if you have one. If this is your first filing, leave it blank. It will be assigned on filing.
  • Insert the full style of cause. That is the caption naming parties. You are the Applicant (Tenant). The landlord is the Respondent. Use full legal names. For a corporate landlord, use the registered legal name.
  • Insert the rental unit civic address. Include unit number, street, city, and postal code.
  • If your hearing date is already scheduled, include it where the form asks. If not, leave that area for the clerk or registry process.

Step 3: Identify the deponent and contact details

  • Insert your full name as it appears on government ID.
  • Insert your current contact address, phone number, and email. If you need to keep your address private, ask the clerk how to proceed.
  • State your role. For example, “I am the tenant of the premises.” If an agent is swearing, state their relation and knowledge.

Step 4: Write your sworn statement of facts

  • Use numbered paragraphs. Keep each paragraph to one key point.
  • Start with tenancy basics. State when the tenancy started. State the monthly rent and what it covers. State the security deposit amount and payment date.
  • Identify the landlord. Name the property manager if they act for the landlord.
  • Describe the problem in order. Provide dates and times. Explain what you observed. Include who was present.
  • Describe your notices to the landlord. State how you delivered each notice. For example, text, email, or written letter.
  • Include the landlord’s responses or lack of response. Quote key parts briefly. Refer to exhibits for full messages.
  • Explain the impact on you. Did you lose use of rooms? Did you have to stay in a hotel? Did you miss work? Keep it factual and brief.
  • State what you are asking the tribunal or court to order. Be specific. Examples:
  • An order to return the security deposit plus interest.
  • An order to complete specified repairs by a deadline.
  • An order for a rent abatement for defined dates.
  • An order to stop unlawful entry or harassment.
  • An order to restore access or utilities immediately.
  • An order for compensation in a specific amount.
  • Connect each remedy to facts. Show the dates and amounts. Avoid vague requests.

Example structure for your facts:

  • Paragraphs 1–4: Parties, tenancy dates, rent, and deposit.
  • Paragraphs 5–12: The issue, notices, and landlord’s responses.
  • Paragraphs 13–16: Costs and losses with amounts.
  • Paragraphs 17–20: The remedies you seek and why they fit.

Step 5: Attach and label exhibits

  • Attach each document that supports your facts.
  • Label each item as “Exhibit A,” “Exhibit B,” and so on.
  • On the first page of each exhibit, write or insert a cover page that states:
  • The exhibit letter.
  • Your name.
  • The date of your affidavit.
  • A short description, for example, “Exhibit B: Photos of ceiling leak dated March 3–5.”
  • During commissioning, the official should initial each exhibit. You should also initial them.
  • Refer to exhibits in your affidavit like this:
  • “A true copy of the lease is attached as Exhibit A.”
  • “Photos showing mold are attached as Exhibit C.”

Step 6: Review for clarity, accuracy, and relevance

  • Check names, dates, and addresses for accuracy.
  • Remove duplication. Do not attach the same document twice.
  • Keep the affidavit focused on relevant issues.
  • Use plain language. Avoid opinions, insults, or legal jargon.
  • Make sure calculations add up. Show how you got each total.

Step 7: Complete the jurat and swear or affirm

  • Do not sign the affidavit yet. Bring valid photo ID to the commissioner or notary.
  • Sign the affidavit in front of the official. They must watch you sign.
  • Choose to swear an oath or make a solemn affirmation. Both have the same legal weight.
  • The official completes the jurat. It must show:
  • The city or town and province where you signed.
  • The date you signed.
  • The official’s name, title, and expiry date if a commissioner.
  • The official’s signature and stamp or seal.
  • The official should initial each exhibit as well. You should initial them too.

If you are outside Alberta when signing, use a notary public where you are. The jurat should show the correct location and date.

Step 8: File the affidavit with your application

  • File the affidavit with your tenant application form. Include any required filing fee or seek a fee waiver if available.
  • Ask the clerk how to obtain a hearing date if you do not have one.
  • Obtain stamped copies for service. Keep one copy for yourself.

Step 9: Serve the landlord and keep proof

  • Serve the landlord or their agent as required. Use a permitted method. Typical methods include personal service, courier, or registered mail. Some forums accept email if agreed or ordered.
  • Serve within the required timeline before the hearing. Count days carefully.
  • Complete an affidavit of service or proof of service. File it by the deadline. Keep receipts and tracking records.

Step 10: Prepare for the hearing

  • Bring your original affidavit and exhibits. Bring extra copies for the decision-maker and the landlord.
  • Prepare a brief outline of your points. List the orders you want and the exhibits you will rely on.
  • Be ready to answer questions about your affidavit. Stick to the facts in your sworn statement.
  • If the landlord files a response, review it and prepare replies based on your evidence.

Content guidance for specific sections of the form

  • Parties: Use full legal names. For individuals, use their names as shown on ID. For corporations, use the registered name. If a property manager acts for the landlord, name both the landlord and the manager’s company in the body of facts where relevant.
  • Premises: Insert the full civic address. Include the unit number. Mention parking or storage areas only if relevant to your claim.
  • Background clauses: Set out tenancy terms relevant to your claim. Do not copy the entire lease. Extract only necessary parts. Attach the full lease as an exhibit.
  • Breach or issue clauses: Identify each breach. Tie each breach to a date and a lease clause or legal duty. For example, the duty to provide heat or respect quiet enjoyment.
  • Remedy clauses: State the specific orders you seek. Include dollar amounts and date ranges. If you seek an urgent order, explain the urgency and any risk of harm.
  • Schedules and exhibits: Use a clean, consistent labeling system. Ensure all images are clear and dated. For videos, provide stills and a link information only if the process allows. If links are not accepted, note that and bring a device to show the video at the hearing if allowed.
  • Signatures: Sign only in front of the commissioner or notary. Do not use electronic signatures unless the rules allow. If you use an electronic commissioning service, follow its instructions and confirm acceptance.

Practical examples to model your affidavit

  • Security deposit claim: “I paid a $1,000 deposit on May 1. I moved out on October 31. The landlord did not provide a statement within 10 days. I attach the lease (Exhibit A), my move-out inspection (Exhibit B), and my demand email (Exhibit C). I seek an order to return $1,000 plus interest.”
  • Heat outage and abatement: “From January 10 to January 17, the suite had no heat. Thermostat photos show 12°C (Exhibit D). I notified the landlord on January 10 and 12 (Exhibit E). I bought two space heaters for $140 (Exhibit F). I seek an order to repair the furnace and a rent abatement for eight days.”
  • Illegal lockout: “On March 3, I returned to find the locks changed. A note on the door said I owed rent. I had paid rent on March 1 by e-transfer (Exhibit G). I attach photos of the note (Exhibit H). I seek an order to regain access immediately.”

Common mistakes to avoid

  • Signing before meeting a commissioner or notary.
  • Leaving out the landlord’s full legal name.
  • Forgetting to label and initial exhibits.
  • Including arguments instead of facts.
  • Missing key dates and amounts.
  • Serving late or by a method not allowed.
  • Asking for vague remedies without amounts or timelines.

After filing: amendments and updates

If you discover an error, do not alter the signed affidavit. Prepare a supplemental affidavit. Identify the correction and provide supporting exhibits. File and serve it as soon as possible. If new issues arise after filing, use a new affidavit to update the facts.

Final checklist before you file

  • Accurate party names and addresses.
  • Clear description of the premises.
  • Chronological facts with dates, times, and amounts.
  • Specific remedies requested, tied to facts.
  • Exhibits labeled, legible, and initialed.
  • Jurat completed with date, location, and official’s details.
  • Copies made for filing, service, and your records.
  • Service plan that meets the timeline and method rules.

Use the affidavit to tell your story with clarity. Stick to the facts. Support each point with documents. Ask for precise orders. This approach helps the decision-maker grant the relief you need.

Legal Terms You Might Encounter

Affidavit. An affidavit is a written statement of facts that you swear or affirm are true. CTS1808 is the affidavit that supports your Tenant’s Application. You use it to tell the story of your tenancy dispute in your own words. The court relies on this affidavit as your evidence.

Deponent. You are the deponent. The deponent is the person who swears or affirms the affidavit. When you sign CTS1808, you confirm under oath that what you state is true. Your signature must happen in front of a qualified official.

Commissioner for Oaths and Notary Public. A Commissioner for Oaths or a Notary Public is the official who takes your oath or affirmation. They confirm your identity and watch you sign. They then sign and stamp the form. CTS1808 is not valid unless one of these officials completes the signing block.

Jurat. The jurat is the block at the end of the affidavit that the official completes. It records who swore or affirmed, when, where, and before whom. On CTS1808, check that the jurat shows the correct date, place, and the official’s details. If the jurat is incomplete, filing staff may reject the affidavit.

Swear or Affirm. You can swear an oath on a belief or affirm if you prefer not to swear an oath. Both have the same legal effect. On CTS1808, the official will ask which you choose and will mark the jurat accordingly. Do not sign until the official is ready to administer the oath or affirmation.

Exhibit. An exhibit is any document, photo, receipt, letter, or screenshot you attach to prove a fact. On CTS1808, you should label each exhibit and refer to it in your paragraphs. For example, “A copy of my lease is attached as Exhibit A.” Each exhibit must be marked and initialled by the official.

Service. Service is the process of giving the other party copies of your filed documents. After you file CTS1808 and your Tenant’s Application, you must serve them on the landlord or their agent. Service rules exist so each side has a fair chance to respond. Keep proof of service for the court.

Respondent. In your Tenant’s Application, the respondent is usually the landlord or property manager you are bringing the claim against. CTS1808 should use the same names and roles as your application. Incorrect names can cause delays or confusion about who the claim targets.

Remedy. A remedy is what you ask the court to order. Common remedies include return of a deposit, rent abatement, repairs, or compensation. CTS1808 should link your facts to your requested remedies. State the amount you seek and how you calculated it.

Perjury. Perjury is knowingly making a false statement under oath or affirmation. Affidavits carry serious legal consequences. On CTS1808, only include facts you know first-hand or clearly state how you know them. If you discover an error, fix it with a new or supplemental affidavit, not by altering the signed one.

FAQs

Do you have to sign CTS1808 in front of an official?

Yes. You must sign in front of a Commissioner for Oaths or a Notary Public. Bring government-issued photo ID. Do not sign the affidavit in advance. The official needs to see you sign and will complete the jurat. If you already signed, you must re-sign in front of the official.

Do you attach photos, texts, or receipts to the affidavit?

Yes. Attach only relevant items as exhibits. Use clear labels like Exhibit A, B, C. Refer to each exhibit in your numbered paragraphs. Ensure screenshots show dates, times, and senders. Use legible copies. If an exhibit has many pages, add page numbers.

Do you need the original lease to file CTS1808?

A copy is usually fine. Attach a complete, readable copy. If you do not have the lease, explain why and attach what you do have, like emails or rent receipts. State key lease terms in your affidavit, such as rent, deposit, and start date, and support them with exhibits.

Do you need to serve the landlord with your affidavit?

Yes. After filing, you must serve the filed CTS1808 and your Tenant’s Application on the respondent. Use a permitted method of service and keep proof, such as an Affidavit of Service or a delivery confirmation. If you miss service, your hearing may be delayed or dismissed.

Do you need to include everything that happened in the affidavit?

Include the facts the court needs to decide your remedies. Focus on dates, amounts, and who said or did what. Keep it chronological. Avoid speculation and opinions. If you rely on a conversation, include the date, participants, and exact words as best you can recall. Then attach any texts or emails that support it.

Can you use a Commissioner for Oaths instead of a Notary?

Yes. Either is acceptable for CTS1808. Both can administer oaths and affirmations and complete the jurat. A Commissioner for Oaths is often easier to access and may be available at a court counter. Ask about any fees before you attend.

What if you notice an error after you swear the affidavit?

Do not alter a sworn affidavit. You cannot add or change text, even small corrections. Prepare a new or supplemental affidavit to correct the record. In the new affidavit, state what changed and why. File and serve the new affidavit before your hearing.

Do you still need to attend the hearing if you file CTS1808?

Yes, plan to attend. Your affidavit supports your application, but the court may have questions. The other side may also respond. Bring a copy of your affidavit and exhibits. Be ready to explain your timeline, damages, and how you calculated amounts.

Checklist: Before, During, and After the CTS1808 – Affidavit in Support of Tenant’s Application

Before signing

  • Gather your tenancy details: address, lease dates, rent, and deposit.
  • Collect proof: lease, rent receipts, bank records, photos, texts, letters, notices.
  • Write a timeline: key dates for payments, requests, inspections, and issues.
  • Calculate amounts you seek: unpaid deposit, rent abatement, repairs, or damages.
  • Match parties’ names to your Tenant’s Application exactly.
  • Prepare exhibits: label each item and make clear copies.
  • Number your exhibits in a simple sequence (A, B, C).
  • Draft concise, numbered paragraphs in a logical order.
  • Confirm the court file number, if assigned, and include it on each page.
  • Check that your contact details are current and professional.
  • Plan where you will sign: Commissioner for Oaths or Notary Public.
  • Bring valid photo ID and payment method for any fee.

During signing

  • Review the caption: court location, file number, and parties’ names.
  • Confirm your full legal name, address, phone, and email are accurate.
  • Read each paragraph aloud to ensure clarity and accuracy.
  • Ensure every fact relates to a remedy in your Tenant’s Application.
  • Verify each exhibit is attached, labelled, and referred to in the text.
  • Number all pages and add initials at the bottom of each page.
  • Do not leave blanks or stray notes. Cross out and initial any unused space.
  • Swear or affirm the affidavit only in front of the official.
  • Sign your name as it appears on the first page.
  • Watch the official complete the jurat with the correct date and place.
  • Have the official stamp and initial each exhibit certificate.
  • Ask for confirmation that the affidavit is complete and ready to file.

After signing

  • Make at least three complete sets: original plus two copies.
  • File the affidavit with your Tenant’s Application or to supplement your file.
  • Pay any required filing fees and collect stamped copies.
  • Serve the respondent with the filed documents using an allowed method.
  • Keep proof of service and file it if required.
  • Calendar your hearing date and all deadlines.
  • Prepare a hearing binder with tabs for each exhibit.
  • Bring photo ID and extra copies to the hearing.
  • Store the original affidavit in a safe place, flat and unstapled if instructed.
  • Do not mark or alter the filed copies after service.

Common Mistakes to Avoid CTS1808 – Affidavit in Support of Tenant’s Application

Signing before you see the official.

Don’t forget: You must sign in front of a Commissioner or Notary. If you sign early, the affidavit is invalid. The clerk may refuse to file it, or the court may disregard it.

Leaving out key dates and amounts.

Don’t assume the court will fill in gaps. Missing dates and amounts weaken your case. The court needs a clear timeline and clear sums to grant remedies.

Attaching exhibits without labels or references.

Don’t clip a stack of papers without guidance. Unlabelled exhibits cause confusion. The decision-maker may overlook important proof. Label each exhibit and refer to it in the text.

Mixing facts with opinion or speculation.

Don’t include guesses or third-hand stories. Speculation hurts your credibility. Stick to what you saw, heard, or did. If someone told you something, say who, when, and why you believe it.

Using the wrong party names or file number.

Don’t copy names from memory. Errors can cause misfiling or service disputes. Match the names and file number to your Tenant’s Application exactly.

What to Do After Filling Out the Form CTS1808 – Affidavit in Support of Tenant’s Application

File your documents.

Bring or submit the signed CTS1808 with your Tenant’s Application. If you already filed your application, file CTS1808 as a supporting affidavit. Ask the clerk to stamp your copies. Keep one stamped copy for your records.

Serve the respondent.

Deliver the filed affidavit, application, and any scheduled hearing notice to the respondent. Use a method of service that the court accepts. Avoid last-minute service. If someone else serves for you, have them complete an Affidavit of Service.

Track deadlines.

Note any deadlines for filing, serving, or replying. Mark them in your calendar. Build in buffer time to address any service issues.

Prepare for the hearing.

Create a hearing binder. Include the application, CTS1808, and tabbed exhibits in order. Add a one-page timeline and a damages summary. Bring at least two extra copies for the court and the respondent.

Handle new information.

If you find new facts or documents, do not alter the sworn affidavit. Prepare a supplemental affidavit. File and serve it as soon as you can. In the supplemental affidavit, explain why the new material matters.

Consider settlement.

You can discuss settlement after filing. If you reach a deal, record it in writing. Bring it to the hearing to request a consent order, if appropriate.

Keep records.

Store your original CTS1808, proof of filing, and proof of service. Keep all email confirmations and receipts. You may need them later for costs or enforcement.

Attend the hearing.

Arrive early and check in. Have your photo ID ready. When called, speak to your affidavit. Answer questions directly. Refer to exhibits by label. Stay focused on your remedies and the facts that support them.

Distribute copies.

Share filed documents with any co-tenants named in the application. Keep one organized digital set and one paper set. Update your binder with any new filings.

Stay professional.

Use respectful language in any further filings. Keep communications with the other side courteous and brief. Assume a judge or hearing officer may read them.

Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult a legal professional.