Form L – Affidavit of Service (Section 25 of the Residential Tenancies Regulations)

Jurisdiction: Country: Canada | Province or State: Nova Scotia

What is a Form L – Affidavit of Service?

Form L is a sworn statement that proves you served a tenancy document. It confirms who you served, what you served, how you served it, and when. You sign it under oath or affirmation before a Commissioner of Oaths or a Notary Public in Nova Scotia. The person who actually served the document must complete and swear it.

You use Form L in residential tenancy matters in Nova Scotia. It supports steps you take under the Residential Tenancies Act and its regulations. It is used with notices, applications, and hearing documents. It helps the Director of Residential Tenancies see that the service was done properly. It also helps the Director confirm the date of service. That date often controls deadlines and notice periods.

Who typically uses this form?

Landlords use it for notices to quit and applications. Tenants use it for applications and hearing documents. Property managers and agents use it when they serve documents for a landlord. Process servers use it when hired to deliver papers. Anyone who served the document can swear the affidavit, as long as they are the server.

You need this form when proof of service matters to your case. The Residential Tenancies process runs on timelines. The clock starts when the other party is served or deemed served. If you cannot prove service, your case may be delayed or dismissed. Form L is the standard way to prove service.

Typical usage scenarios

You served a Notice to Quit for unpaid rent and applied for an order. You served a tenant with a hearing notice and the evidence package. You served a landlord with an application for repairs and compensation. You served a subtenant with a notice of termination for a fixed-term end. In each situation, you complete Form L to show when and how you served.

You also use Form L when you are served by a method other than face‑to‑face delivery. You may have mailed the documents, used a courier, or left them at a door or in a mailbox. You may have served at a business address or to an agent. The affidavit captures those facts. It also lets you attach proof like a mail receipt, tracking, or photos.

Form L sits within Section 25 of the Residential Tenancies Regulations. That section sets out allowed service methods and deemed service rules. Form L is the evidence that ties your method to those rules. It is a simple form, but it is critical. It tells the Director that the process was fair because notice reached the other party by a permitted method.

When Would You Use a Form L – Affidavit of Service?

You use Form L whenever you need to prove that you served a required document. Landlords use it after serving a Notice to Quit for rent arrears. They also use it after serving an Application to the Director and the hearing notice. If a lease breach occurs, the landlord serves the notice and then files Form L to prove it.

Tenants use it when they apply for an order and serve the landlord. A tenant may file an application for repairs or a return of a security deposit. The tenant then serves the landlord with the application and hearing materials. The tenant completes Form L to confirm service. This is especially important where the landlord is a company. The tenant shows who received the documents on behalf of the company and how.

Property managers and agents use it when serving on behalf of an owner. For example, a manager hand-delivers a hearing package to a tenant. The manager swears a Form L. The manager may attach photos of the delivery location. The manager may also include an entry log for the building as additional proof.

Process servers use it for personal service or alternative methods. A process server may deliver at the rental unit, the workplace, or to a suitable adult at the residence. They record the date, time, address, and a brief description of the person served. If they use registered mail or courier, they include tracking. They then swear Form L.

You also use Form L when service relies on deemed delivery rules. You may have served by mail and need to show the mailing date and address. You may have slipped the documents into a mailbox at the rental unit. You may have posted the notice on the door if the regulations allow that method. The affidavit anchors the method to a specific date, time, and location. That supports the deemed service date that flows from Section 25.

You use Form L in multi‑party cases as well. A joint tenancy may involve two or more tenants. You serve each tenant and complete a separate Form L for each. A corporate landlord may have a property manager who receives mail. You serve the manager, note their role, and complete Form L to reflect that. The goal is clarity, so the Director sees that each party was properly served.

Finally, you use Form L when the other party does not show up to a hearing. Your affidavit helps the Director proceed without them. It shows that they had notice and a chance to participate. Without a proper Form L, the hearing may be adjourned. Worse, your application could be dismissed.

Legal Characteristics of the Form L – Affidavit of Service

Form L is sworn evidence. It is legally binding because you swear or affirm that its contents are true. You do this before a Commissioner of Oaths or a Notary Public in Nova Scotia. The official signs the jurat, which is the certificate that confirms your oath or affirmation. Making a false affidavit is an offence. The stakes are high, so accuracy matters.

Enforceability rests on four pillars. First, you must use a permitted method of service. Section 25 sets the options and the timing for deemed service. Second, the affidavit must be sworn properly. You sign in front of the Commissioner, not before. The Commissioner completes their part in full. Third, the affidavit must be specific and complete. It must name the document, the person served, the method, the exact date, time, and location. Fourth, you should attach proof when the method requires it. A mail or courier receipt and tracking support your statement. A photo of a notice posted on a door can help as well.

The Director of Residential Tenancies relies on Form L to run a fair process. The Director needs to know that each party had notice. If Form L is missing or flawed, you may face delays. The Director can adjourn the hearing or refuse to accept the filing until service is fixed. If deadlines depend on service, a faulty affidavit can also affect the outcome.

General legal considerations are simple but strict. Serve only by a method allowed by the regulations. Use a clear, valid address. Use the legal names of the parties. If the party is a corporation, use the full corporate name. Identify the person who accepted service and their role. If you served an agent, say so. Do not guess facts you do not know. Stick to what you saw and did.

Timing matters. The regulations set deemed service timelines for each method. For example, mail and courier are not instant. Hand delivery is immediate. Posting or leaving documents has its own rules. Your affidavit helps the Director apply the correct timeline. Always allow enough time between service and the next step. That includes the earliest possible termination date on a notice. It also includes the deadline to file evidence before a hearing.

Form L is neutral. It does not prove your case on the merits. It only proves that notice was given or delivered. Still, it can make or break your case. Careful preparation and precise details will help the Director proceed with confidence.

How to Fill Out a Form L – Affidavit of Service

Follow these steps. Have the served documents and any proof at hand. Do not sign until you are in front of the Commissioner or Notary.

1) Identify the file and the property

• Enter the file number if you have one. Use the number from the Residential Tenancies Program.
• State the civic address of the rental unit. Include the unit number if any.
• State the municipality and postal code.

2) Identify the parties

• Write your full legal name. If you served the papers, you are the deponent.
• State your role, such as landlord, tenant, agent, property manager, or process server.
• List the full legal name of the person you served. If there are multiple recipients, use a separate affidavit for each.
• If the recipient is a corporation, use the exact corporate name. Add the name and position of the person who accepted service.

3) Describe the document served

• Name each document. Examples include Notice to Quit, Application to Director, Hearing Notice, and Evidence Package.
• Include the form letter if known (for example, Notice to Quit). Use plain names if you are unsure. Accuracy is more important than labels.
• State the date on each document if they differ.

4) State the method of service

• Check or write the method you used. Examples include personal delivery, delivery to an adult at the residence, delivery to a business address, leaving in a mailbox or mail slot, registered mail, courier, or another method allowed by the regulations.
• If you used mail or courier, name the carrier. Include the receipt number or tracking number.
• If you left documents at a door or mailbox, say exactly where you left them. For example, “inserted through the mail slot at the main door.”

5) Record the date, time, and location

• Write the exact date and time of service. Use a 24‑hour time or am/pm and keep it clear.
• State the full civic address where the service took place. This may be the rental unit, workplace, or a business office.
• If you served at a workplace or office, state the name of the business and the person’s role.

6) Add supporting details

• If you personally handed documents to someone, briefly describe the person. For example, “adult male, approximate age 35, black jacket.”
• If you served an agent, state how you knew they were authorized. For example, “property manager for the landlord, as posted and known to me.”
• If you used mail or courier, attach proof. Mark it as an exhibit.
• If you posted the notice, consider attaching a date‑stamped photo.

7) Attach exhibits and label them

• Attach a copy of each document served. Label the package as Exhibit A.
• Attach mail or courier receipts and tracking. Label them as Exhibit B.
• Attach any photos or logs you rely on. Label them as Exhibit C, and so on.
• Use clear labels at the top of each exhibit page. The Commissioner will mark them as exhibits to your affidavit.

8) Complete the deponent’s statement

• Read the affidavit carefully. Make sure every fact is correct.
• Do not leave blanks. If a field does not apply, write “N/A.”
• Do not sign yet. You must sign in front of the Commissioner or Notary.

9) Swear or affirm before a Commissioner or Notary in Nova Scotia

• Bring government photo ID. The official needs to confirm your identity.
• Choose an oath or an affirmation. Both have the same legal effect.
• Sign the affidavit in front of the official. Initial any handwritten changes.
• The official completes the jurat. The jurat includes the date, location, their name and office, and any commission expiry.

10) Review the jurat for completeness

• Confirm the date and location of the oath or affirmation.
• Check that your name is spelled correctly.
• Check that the official’s name and title are present.
• Ensure each exhibit is stamped or identified and referred to in the affidavit.

11) Make copies and keep records

• Keep a copy of the sworn affidavit and all exhibits for your records.
• File the original or a certified copy as required for your application or hearing.
• If instructed, serve a copy of the affidavit on the other party.

12) File within the required timelines

• Filing deadlines depend on the next step in your matter. For example, evidence filing before a hearing or proof of service for an application.
• Build in the deemed service timing from Section 25 when setting dates. Allow enough time after service before any deadline or hearing.

13) Common mistakes to avoid

• Do not sign the affidavit before meeting the Commissioner or Notary.
• Do not use nicknames. Use full legal names for all parties.
• Do not omit the method. Be exact about how the service occurred.
• Do not forget the address. Service location must be clear and complete.
• Do not guess. If you are unsure, do not include the detail.
• Do not rely on email or fax unless allowed or agreed in writing. If used, include proof and state the basis for using that method.
• Do not combine multiple recipients in one affidavit. Use one per person served, unless the form expressly allows a clear list with full details for each.

14) Special situations

• Serving multiple tenants: Serve each named tenant. Complete and swear a separate Form L for each service event. Attach separate exhibits.
• Serving a corporate landlord: Serve at the registered office or on an authorized agent. Record the recipient’s full name and position.
• Serving by mail or courier: Use the correct address. Keep the receipt and tracking. Note the mailing date in the affidavit and attach proof.
• Serving by leaving documents at a residence: State how you identified the residence and where you left the documents. Include a photo if helpful.
• Serving through an agent or property manager: Identify the agent and their role. Explain how you knew they were authorized to receive documents.

15) Calculating dates based on service

• The date you served affects notice periods and filing deadlines.
• Section 25 sets deemed delivery dates for each method.
• Personal delivery is effective when handed over. Other methods take more time.
• Use your service date and the deemed rules to set your next steps. Build in a buffer if needed to avoid late filings or invalid termination dates.

16) Final check before filing

• Confirm that the affidavit covers who, what, how, when, and where.
• Confirm that exhibits are legible and complete.
• Confirm that all dates and addresses match the served documents.
• Confirm that names are consistent across all materials.

Practical example: You are a landlord. You served a Notice to Quit for non‑payment by sliding it through the tenant’s mail slot at 7:00 pm on June 2. You complete Form L the next day. You state your name, role, and the tenant’s full name. You describe the notice. You state that you inserted the notice through the mail slot at the unit address. You include the date, time, and address. You attach a copy of the notice as Exhibit A. You swear the affidavit before a Commissioner. You then file the notice and the affidavit. You use the deemed service timing from Section 25 to set the termination date and your application date.

Another example: You are a tenant. You filed an application for repairs and compensation. You served the corporate landlord by courier at its office. You complete Form L. You list the landlord’s corporate name and the staff member who signed for the package. You include the courier tracking as Exhibit B. You swear the affidavit. You file it with your application so the Director can accept that service was done.

Form L is straightforward when you follow the steps. Be precise. Be truthful. Swear it properly. Attach proof. That is all the Director needs to rely on your service and move your matter forward.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts that you swear or affirm are true. Form L is the affidavit where you confirm how and when you served documents.
• Deponent is the person who swears or affirms the affidavit. If you served the documents, you are the deponent on Form L.
• Service means how you delivered legal documents to the other party. Form L records the method of service you used.
• Personal service is handing the documents directly to the person named. If you used personal service, you must describe when and where it happened on Form L.
• Substituted service is a different method approved when standard service fails. If you used an approved alternative, you must explain that clearly in Form L.
• Registered mail is a tracked mailing method. If you used it, you attach the tracking receipt and enter the tracking number on Form L.
• Proof of service is evidence that service happened. Proof includes your sworn Form L and any exhibits like receipts or photos.
• Exhibit is a document attached to support your affidavit. On Form L, exhibits might include a mailing receipt, delivery confirmation, or a photo of a posted notice.
• Jurat is the section signed by the authorized official. It shows where and when you swore or affirmed Form L, and before whom.
• Commissioner of Oaths or a Notary Public is an authorized official who can take your oath or affirmation. Form L is valid only after this official completes the jurat.
• File number identifies your tenancy case. You place the file number on Form L so it links to the correct matter.
• Tenant and Landlord are the parties in the tenancy. You must name the party you served correctly on Form L.
• Premises means the rental unit address. You use it in Form L to identify where the service occurred or which tenancy the documents concern.
• Sworn or Affirmed shows whether you took an oath or a solemn affirmation. Both carry the same legal weight for Form L.

FAQs

Do you need to sign Form L in front of an official?

Yes. You must swear or affirm the affidavit before an authorized official. That official completes and signs the jurat. Do not sign Form L in advance.

Can you serve documents by email and use Form L?

Only if the regulations or your agreement allow email service. If email is allowed, attach proof of delivery or read receipt as an exhibit. Note the date and time sent in Form L.

What if the tenant refuses the documents at the door?

State exactly what happened. Note the date, time, and address. Describe how you identified the person, and they refused. Record that you left the documents as allowed by the rules. Attach any supporting proof, like a witness statement or photo, if available.

Do you need to attach proof, or is your affidavit enough?

Your sworn statement is primary proof. Still, attach supporting documents when you can. Add mail receipts, tracking pages, delivery confirmation, or photos. Exhibits strengthen your affidavit and avoid delays.

Who should complete Form L if a process server did the service?

The person who actually served the documents should be the deponent. They complete Form L and swear or affirm it. If you did not serve the documents, do not swear the affidavit.

What if you served multiple tenants at different times?

Complete one affidavit per person served, unless the form directs otherwise. Each affidavit should state the method, date, and time for that person. Attach separate proof for each service event.

Can you correct a mistake after you swore Form L?

Do not alter a sworn affidavit. Prepare a new, corrected affidavit. Swear or affirm it again. Mark it as a replacement or supplemental affidavit and keep both versions for your file.

Do you still need Form L if the other party attends the hearing?

Yes, unless told otherwise. Attendance does not always prove proper service of earlier documents. File Form L to show you followed service rules and timelines.

Checklist: Before, During, and After the Form L – Affidavit of Service

Before signing

• Gather the documents you served. Include the exact version sent.
• Confirm the file number and party names match your tenancy file.

Collect proof of the service method used:

• For personal service: your notes with date, time, address, and identity details.
• For registered mail: receipt, tracking number, and delivery status printout.
• For courier: waybill and delivery confirmation.
• For posting: clear photos showing date, time, and location.
• For leaving with another person: their name, relationship, and any notes.
• Verify the service address. Use the latest address on file for the party.
• Review any service deadlines. Note the date range that the rules require.
• Line up an authorized official to take your oath or affirmation.
• Print or prepare labeled exhibits. Mark them in a simple sequence (A, B, C).
• Bring government-issued ID for the oath or affirmation.
• Bring a black pen if signing a paper form.

During signing

Check the top of Form L:

• Correct file number.
• Correct party names and roles.
• Correct rental premises address if required.

Complete the service details:

• Exact date and time of service.
• Full address where service occurred.
• Method used, described clearly and simply.
• For mail or courier: list the tracking number.

Refer to your exhibits accurately:

• Use exhibit labels that match the attachments.
• Mention what each exhibit proves.

Keep your language factual:

• Avoid opinions, arguments, or assumptions.
• Use plain statements like “I delivered” or “I mailed.”
• Review dates across the form and exhibits for consistency.

Swear or affirm the affidavit before the official:

• Sign only in front of the official.
• Ensure the official completes the jurat fully.
• Confirm the location and date in the jurat are correct.
• Confirm that the official’s name, title, and signature appear.
• Ask for the official’s stamp or seal if available or required.

Make copies after signing:

• One copy for filing.
• One copy for your records.
• Extra copies for the hearing.

After signing

• File the completed Form L with the office handling your tenancy file.
• File it within any required timeline noted in your notice or hearing materials.
• Submit exhibits with the affidavit. Keep originals for the hearing if possible.

If filing electronically:

• Combine the affidavit and exhibits in one clear package.
• Use clear file names that include the file number and date.

If filing in person or by mail:

• Use clean, legible copies.
• Include a cover note with the file number and contact info.
• Notify the other party if required by your process instructions.

Track your submission:

• Keep a record of when and how you filed.
• Save any confirmation of receipt from the office.

Store your records:

• Keep the sworn original safe and flat.
• Keep digital scans with backup.
• Organize exhibits so you can retrieve them fast at the hearing.
• Calendar the hearing date and any follow-up deadlines.

Common Mistakes to Avoid Form L – Affidavit of Service

Using the wrong service method

• Risk: Your application may be delayed or dismissed.
• Tip: Use a method permitted by the rules that apply to your notice.

Missing or inconsistent dates

• Risk: The decision maker may doubt your timeline.
• Tip: Double-check the service date on the form, exhibits, and your notes.

Not attaching supporting proof

• Risk: You may face questions you cannot answer on the spot.
• Tip: Attach receipts, tracking, or photos. Label them as exhibits.

Signing without an authorized official

• Risk: The affidavit is invalid and will be rejected.
• Tip: Sign only in front of a commissioner, notary, or authorized official.

Wrong party or address details

• Risk: The Service may be found improper.
• Tip: Confirm legal names and last known address from the case file.

Altering a sworn affidavit

• Risk: The affidavit may be void or raise credibility concerns.
• Tip: If you find an error, prepare and swear a new affidavit.

Waiting until the deadline

• Risk: You miss filing cutoffs and lose a hearing date.
• Tip: Serve early, then swear and file Form L promptly.

What to Do After Filling Out the Form L – Affidavit of Service

File the affidavit

• Send Form L and exhibits to the office managing your tenancy file.
• Use the file number on every page, including exhibits.
• File by the deadline listed in your notice or hearing package.
• Keep proof of delivery for your filing.

Confirm acceptance

• Watch for a confirmation or a scheduled hearing notice.
• If you do not receive confirmation, follow up promptly.
• Record the name of any staff member you speak with and the date.

Prepare for the hearing

• Bring the original sworn Form L and all exhibits.
• Bring extra copies for the decision maker and the other party.
• Bring supporting witnesses if the service is likely to be contested.
• Organize your documents in the order you described them.

If you discover an error

• Do not change the sworn document.
• Prepare a new affidavit that corrects the issue.
• Swear or affirm the new affidavit.
• File it as soon as you can and note that it replaces or supplements the prior one.

If service fails or mail is returned

• Keep the returned mail and envelope.
• Prepare a supplemental affidavit explaining what happened.
• Consider another permitted method of service.
• File the new affidavit and proof promptly.

Distribute copies if required

• Provide a copy of Form L to the other party if your process requires it.
• Use a reliable method and keep proof of sending.

Maintain your records

• Store paper originals in a secure place.
• Keep digital copies in a backup folder.
• Keep a timeline of service, filing, and follow-ups.

After the decision

• If ordered, you may need to serve the decision or order.
• Use a permitted method and complete a new affidavit if required.
• Calendar any compliance dates set out in the decision.