Ontario Landlords: A Complete Guide to Section 72 Affidavits of Service (2025 Update)

Introduction

The Section 72 Affidavit of Service is a sworn document used to prove that a landlord has legally served a notice, application, or order under the Residential Tenancies Act, 2006 (RTA). The affidavit is required when service must be proven in order for a tenancy termination, eviction, or monetary application to proceed at the Landlord and Tenant Board (LTB).

Because improper service is one of the top reasons LTB cases are delayed or dismissed, a correctly completed Section 72 affidavit is essential for landlords filing applications such as N4, N5, N6, N7, N8, N12, N13, L1, L2, L4, L5, L6, L7, L8, and more.

What Is a Section 72 Affidavit of Service?

Under RTA section 72, the landlord must prove how and when a notice or document was served. The affidavit confirms:

Which document was served
Who was served
What method was used
On what date the service occurred
Who performed the service
That the service complied with RTA section 191

This affidavit is sworn or affirmed before a Commissioner for Taking Affidavits.

When a Section 72 Affidavit Is Required

A Section 72 Affidavit of Service is required when serving:

Termination Notices

Such as:

N4 — Non-payment
N5 — Disturbances, damage, overcrowding
N6 — Illegal Acts
N7 — Safety issues or severe damage
N8 — Persistent late payment
N12 — Landlord/purchaser own use
N13 — Demolition/renovation/conversion

LTB Applications

Such as:

L1, L2, L3
L4A, L4B
L5, L6, L7, L8, L9
A1, A2, A4
T2, T5, T6

Orders or Notices of Hearing

When directed by the LTB.

Failure to provide a properly completed affidavit can result in adjournments or dismissal.

Acceptable Methods of Service Under the RTA

Section 191 of the RTA outlines legal service methods, including:

Hand-delivery to the tenant
Mail or courier to the rental unit
Placing the notice in the tenant's mailbox or mail slot
Affixing the notice to the door of the unit (for notices only, not applications)
Email only if the tenant has provided written consent
Fax (rarely used today)

The affidavit must reflect the exact method used.

What Must Be Included in a Section 72 Affidavit

A valid affidavit must include:

1. The Server's Information

Full name
Address
Relationship to the landlord (e.g., landlord, agent, paralegal)

2. The Tenant's Information

Full name(s) of those served
Rental unit address

3. Details of the Document Served

Type (N4, L1, Notice of Hearing, etc.)
Number of pages (optional but recommended)

4. Method of Service

Must match one of the RTA's approved methods.

5. Date of Service

Exact date must be provided.

6. Signature and Commissioning

The document must be:

Signed by the server
Sworn or affirmed before a Commissioner for Taking Affidavits

Without commissioning, the affidavit is invalid.

How to Complete a Section 72 Affidavit Properly

Step 1 — Identify the Document

State exactly which notice or application was served.

Step 2 — Indicate the Service Method

Describe how the document was delivered.

Step 3 — Provide the Date

Enter the correct service date (this affects legal timelines).

Step 4 — Add the Server's Information

The person serving the document must complete this section personally.

Step 5 — Commission the Affidavit

The affidavit must be sworn before:

A licensed paralegal
A lawyer
A Commissioner for Taking Affidavits

Step 6 — Attach Evidence (If Relevant)

Optional but useful:

Photo of door posting
Mail receipt
Courier tracking

Common Mistakes That Lead to LTB Delays

Common errors include:

Incorrect dates
Wrong tenant names
Wrong address
Unapproved service method (e.g., email without consent)
Failure to include all tenants
Affidavit not commissioned
Confusion between primary and secondary addresses
Inconsistent method-of-service statements

Even small errors can void the notice and delay proceedings.

Why Section 72 Affidavits Matter

The LTB relies heavily on proof of service to determine whether:

Notice periods were followed
Tenants received proper communication
Applications are valid
Hearings may proceed

A strong, accurate affidavit helps avoid adjournments and improves the likelihood of a successful application.

When to Seek Professional Assistance

Landlords often seek help with Section 72 affidavits when:

Multiple tenants are involved
Notices must be served in a specific way
Timelines are tight
Hearings are approaching
Documentation is unclear
The landlord wants to avoid procedural mistakes

Professionally drafted affidavits ensure compliance with RTA rules and strengthen the landlord's case.

Sources

This article is for informational purposes only and does not constitute legal advice.