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2. Look at the landlord’s declaration

When the landlord applies to you, they must give the (LTB) a declaration or affidavit from the person who wants to move into your rental unit. This person can be the landlord, their family member, or a caregiver.

A is a signed written statement. An is a written statement that must be signed in front of a lawyer, paralegal, or notary public.

The statement should give you more information about the person who wants to move in and why they want to move in. The statement must also say that this person plans to live there for at least one year.

Getting the landlord’s declaration

The LTB should send you a copy of the statement along with the landlord's and your Notice of Hearing.

If you do not receive a copy of these documents, you can ask the LTB to send you a copy. Or, if you have a low income, you can call your local community legal clinic to see if they can help you.

Who can move in

The person who wants to move in must be one of the following:

  • your landlord
  • your landlord's spouse, parent, or child
  • your landlord's parent-in-law or stepchild
  • a caregiver for any of the above people

If the person who wants to move in is not one of the people listed above, your landlord does not have a legal reason to evict you.

At the hearing, you usually have the right to question the person who signed the declaration. You should send your landlord a letter or an email, asking them to bring that person to the hearing.

If you're worried the person will not come to the hearing, you can ask the LTB to them. This means that the person must come to the hearing to answer questions. You do this by sending a form called a Request for the LTB to Issue a Summons.