An Affidavit of Residence is a legal document used to verify that you live where you say you do. Affidavit of Residence forms are used anytime proof of residency is requested by a court, school, DMV, or any other institution.
If you wish to verify the address of someone who is deceased, use an Affidavit of Domicile instead.
1. What is an Affidavit of Residence?
An Affidavit of Residence is a sworn statement used to prove that a person lives at a specific address. The document is short and simple, but must be signed in the presence of a notary public. An affidavit of residence is used in a variety of circumstances, including verifying your residence in order to allow your child to attend a public school in a specific district.
Common terms included in affidavits of residence are:
- Residence: the place a person lives with some permanence. For example, a hotel room is not a residence, but an apartment that is rented for six months is a residence for that time period. A residence can be a house, apartment, condominium, and may be owned or rented.
- Landlord: the person who owns the property that is being rented. A landlord’s signature may be required on the affidavit, depending on its use.
- Length of Residency: the length of time a person has lived at the residence.
- Notary Public: The person who notarizes the affidavit of residence prior to submission to the intended party.
Some sources use the terms “affidavit of residence” and “affidavit of domicile” interchangeably, but these documents serve different purposes.
Affidavit of Residence vs Affidavit of Domicile
An affidavit of residence verifies the current residence of a living person as may be required by schools, employers, banks and courts, while an affidavit of domicile is used to verify the last legal residence of a deceased person in order to transfer specific types of property to their beneficiaries.
As a reference, an affidavit of residence is also called:
- Affidavit of Residency
- Proof of Residence Affidavit
- Proof of Residency Affidavit
- Residency Affidavit
- Notarized Affidavit of Residence
- Notarized Residency Letter
Affidavit of Residence Sample
The sample affidavit of residence below is a record of the residency of ‘John Ingberg’. The affidavit details where John Ingberg has been living, how long he has been living there, and witnesses who can attest to his residency.
2. When an Affidavit of Residency is Needed
An affidavit of residence is required any time you need legal proof of where you are currently living. In some situations, presenting a driver’s license and a utility bill with your name on it is all that is required to prove your residence, but in many situations, you must provide a notarized affidavit of residence.
If you are renting your home or have recently moved, you may not have the typical alternative proofs of address that are required and can use an affidavit of residence instead.
You will likely need an affidavit of residence in the following situations:
- First-time registration of your child in public school
- Registering your child in a public school after moving to a new school district
- Applying for a driver’s license after moving to a new state
- Verifying residency for a court or business as per their requirements
- Verifying residency with a college or university to qualify for in-state tuition rates
- Registering and receiving funds through a public retirement program, for example: Teachers Retirement System of Georgia
- Registering and receiving Medicaid benefits within a state, for example: MassHealth (Massachusetts Medicaid Program)
- Verifying the address of the custodial parent after a divorce for school registration purposes
- Verifying the address of a parent after a divorce for child support purposes
An affidavit of residence is a general document that can be used in a variety of situations. If you have recently moved, it might save you time and frustration to execute and print several original copies (each signed by the notary public) to use as needed.
3. The Consequences of Not Having an Affidavit of Residence
Without an affidavit of residence, a public school cannot enroll your child in their program. If you have recently moved, you will not be able to apply for a driver’s license, enroll in certain healthcare programs, or access other services without the affidavit.
While it may be tempting to use a relative’s address or other misleading information on an affidavit of residence in order to register your child in a desired school district, remember that this is a sworn document. If it is discovered you have lied on your affidavit, your child may be immediately withdrawn from the school and you could face charges for making a false statement to public officials, perjury, or other crimes.
As a landlord, you may be required to complete an affidavit of residence to verify the residence of your tenants. In this situation, verify that you own the property and that you are leasing it to others.
4. The Most Common Uses for This Form
The most common situation for using this document is when registering a child for a public school after a move, or seeking in-state college tuition rates. They are also common as part of divorce proceedings involving children and after a move to a new state to apply for a driver’s license.
A person can have more than one residence, and in this situation the address used on the affidavit of residence will depend on its purpose. For example, if you have a summer home at the beach, and a winter home where you live during the school year, only use the winter home address on the affidavit of residence when registering your child in school because it is the only one that is applicable.
If you are a landlord using an affidavit of residence, list each occupant individually and use their full legal name. Include the monthly rental fee and state whether or not this amount includes utilities. This document must also be notarized.
5. What Should be Included in Your Affidavit of Residency
An affidavit of residence is a simple document that includes:
- Your full legal name
- Address of your residence
- How long you have been a full-time resident at the address
- The names of others who live at that address with you
- The date of birth and relationship you have with these individuals, i.e. roommates, spouse, children, landlord, parent, etc…
- Required notary public language
- Required signatures of the parties