Can Email Serve as a written notice?

Question

I've done a google search, but I always enjoy hearing form the bigger pockets community.

Michael T. · Answer

You could always update your contracts moving forward to allow you to serve written notice via email.

Bill S. · Answer

In my state the courts are treating email the same as written (paper) communication. Why would you not consider it written notice? The only reason I can think of is one of the parties has had a change of heart and does not want to abide by what was in the email. In Colorado, if it relates to real estate, it probably would be considered written notice unless there was some extenuating circumstance. Your state may vary.

Bill S. · Answer

@Brendan Harrison I realize this is a bit old but thought I would chime in since you mentioned me. So the context of my original reply was related to a transaction to purchase a property. In that case, my education told me email was adequate. In the case of serving a tenant, I don't know what is acceptable aside from paper, for all I know a text might work which is not legal for a real estate purchase contract in Colorado. My experience with the landlord tenant court (Denver County) is that it operates more like Judge Judy than Perry Mason. I would say you are probably on reasonably solid ground using email since the tenant did respond. That said, it is supposed to be sent in the mail. I was told it does not need to be received by the deadline (30 days in your case) it just has to be sent so again, it seems you would be good there. BTW if you modify your lease and state that you will return the deposit/deposit accounting within 60 days you will have another 30 days to get everything wrapped up. The laws states that you must send back the deposit/deposit accounting within 30 days unless your lease states you have 60 days.

A small point on your email. You said "notification of deposit withholding". You should provide an itemized list of damages and charges that add up to the amount you withheld. It won't fly to just say, "you left the place dirty, I am keeping your deposit." The technical term is security deposit accounting which should be done even when you return the whole amount.

Rachael Schwalenberg · Answer

We use email for basic notices like a 24-hour maintenance or walk-through inspections- we keep everything in our online software system (HEMLANE) which not only emails the tenant but allows us to keep records of the notice & pull them back up at any time. I do recommend, and of course its state by state, that all notice to vacate notices, 3-day notices be put on the door of the unit so that there are no questions as to it being recvd or the ability for management to testify in court that it was delivered properly.

Wesley W. · Answer

It depends on what your lease says.  That's your contract outlining various "rules of engagement."

In addition to having an applicant disclose on on the app that they have access to email and providing their address, here is what my lease says:

12. NOTICES: Any official notices from us to you will be deemed delivered when mailed to you at your apartment by U.S. certified mail; or personally handed to you or anyone in your Rental Unit; or left at your Rental Unit in your absence.  Delivery of one copy of a notice is sufficient for all residents.  Any notice from you to us will be deemed delivered when received at our post office box by U.S. certified mail, or personally handed to us.  Official notices include rent demand, notice to cure, notice to terminate, and notice to vacate.  Emailing a signed and scanned copy of your notice to us to vacate the unit (i.e. “move-out notice”) is acceptable provided an acknowledgement of receipt is made by us. You agree to receive all other notices from us by SMS text and/or email, or the aforementioned official means.

Chris Good · Answer

I don't see why it wouldn't count as notice but all the resident has to do is delete it and tell the judge they never received it. We generally post a notice on the residents door and take a picture of it, it's pretty hard for a resident to convince a judge they didn't receiving a notice with that evidence.

Adrian Tilley · Answer

@Brit Foshee As Jerry said, it depends.  If it were me, I would accept anything from a tenant as "written notice" but would send anything required to be "written" as both an email and letter.  That way no one can complain later.

Martin LaBelle · Answer

I would strongly recommend against using email for any type of required notification. The reason is that most state laws I have encountered expect formal notification from the court to be delivered to the parties residence. An email is not a physical location and therefore cannot meet the requirement of having been delivered to a residence.

Chris Seveney · Answer

@Brit Foshee

It depends. Some contracts say email can be done for notice. Some do not and then it will depend on the judge and court. Again I would say it depends also on what the notice is.

If it’s notice to access a unit typically email would suffice but if it was notice default I would send it via email and snail mail.

Brendan Harrison · Answer

@Bill S.  I am reading through this old thread.  Is this still applicable in Denver to your knowledge?  I have the exact same case in progress here in Denver (I am the landlord) and used email as notification of deposit withholding.  I notified the tenant 29 days after move-out, and they responded via email 30 days after move-out.  Hoping this will suffice as written notice in small claims court.  Thoughts?

Can Email Serve as a written notice?

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