When a person stays absent from his residence and also it also not known where he has moved to, the affidavit of sustained absence is used in this situation. It should be kept in mind that this type of affidavit is deemed appropriate to be used by the person when he writes the affidavit of sustained absence. This affidavit is written by someone belonging to the absent person.
Why is the affidavit of sustained absence used?
When anyone belonging to the person with sustained absence wants to appoint the administrator or any trustee, he will have to write and sign the affidavit of sustained absence. Through the use of this affidavit, the affiant writes a sworn statement about the absence of the person and about belonging to the person with sustained absence. It is only due to the sworn statement of absence, that the court allows him/her to appoint a trustee or administrator in his absence. It should always be kept in mind that the affidavit of sustained absence can be written only when the whereabouts of the absent person are not known.
When is the affidavit used?
There are two basic situations in which the affidavit of sustained absence is used:
- When the affiant wants protection because he and the absent person both have a share in it
- When the affiant wants to appoint someone in the absent person’s position to fulfill all the obligations that the absent person is supposed to fulfill.
How to create the affidavit of sustained absence?
- Creating the affidavit for sustained absence is very easy if the person knows about the details the court requires. The affidavit should always be started by adding the title of the affidavit on the top and then the name of the country in which the affidavit is being used. Once the name of the country is mentioned, it becomes the legal responsibility of the person to write the affidavit that conforms with the rules of the country.
- The duration for which the affidavit is required to be used should be mentioned in the affidavit.
- The complete residential address of the affiant is also a main part of the affidavit.
- Mention the date of the disappearance of the person.
- Mention the occupation of the affiant.
- The physical description of the absent person should also be written in the affidavit.
- The affiant should swear about being completely familiar with the occupation and the business of the absent person.
Many other details can be added to this affidavit depending on the rules of the state in which the affidavit is being used. The person needs to write the affidavit in such a way that it completely complies with the regulations of the state. The assistance of an expert attorney can be taken in case you don’t know how to write the affidavit.
Sample Affidavit
Subject: To court about the sustained absence of tenant by the affiant
Dear Sir,
My name is Alex and I am writing this letter to court as an affiant. This written statement of mine in the form of a letter can also be used as evidence before the court if needed at anytime.
I hereby state that I am having the best knowledge of the facts about the dispute which arose on [date] between Mr. Johnson, landlord of property located at [place], and Mr. Jackson, residing as a tenant in the said property. The point of initiation of the dispute was the sustained absence of the tenant, Mr. Jackson from the property of Mr. Johnson. I am also a tenant and living in a house that is located adjacent to Mr. Johnson’s. Being his neighbor, I am well aware of the dispute and therefore, I decided to write the letter to the honorable court to unveil the facts before it.
During December, 20XX, the tenant took a leave from his office for 10 days and extended it to 2 months afterward, thereby abandoning the property altogether. Due to this prolonged absence of the tenant from the property, it resulted in significant damage to the property of the landlord because certain maintenance issues started arising at that time which remained unreported due to the tenant’s absence.
The maintenance issues were revealed to the landlord during his surprise inspection visit to the property, which was unoccupied by the tenant at that time. Apart from these issues, carelessness from the tenant’s side was obvious at that time because the heating system was observed to be turned off. Similarly, gas stoves and running water were on, causing the wastage of resources. The utility bill was also unpaid and was found in the courtyard.
Considering the neighbor of that rented property, the landlord took me with him as evidence, and therefore, I am writing this affidavit. I further request to the court that being an affiant, my statement should be taken in favor of the landlord, Mr. Johnson. Thank you.
Signature
Dated
File: Word (.docx) 2007+ and iPad
Size 21 Kb
Download